HomeMy WebLinkAbout16-09 • •
RESOLUTION NO. 16-0 9
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Somasundaram)
WHEREAS, Madian and Shubba Somasundaram ("Owner") owns the property commonly
known as 12244 Windsor Court, Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants
of open space easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for open space easement
attached to this Resolution as Attachment A ("Open Space Easement Agreement") to limit the use
of a portion of the property in order to reduce potential adverse impacts on such land including
grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owner and the Town recognize that the land subject to the Open Space
Easement Agreement,is essentially unimproved and if retained in its natural state has substantial
scenic value to the public and that the preservation of such land as open space constitutes an
important physical, social, aesthetic and economic asset to the Town and the Owner;
WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement.
PASSED AND ADOPTED this 71j16`day of V , 2009
(
BY:
Mayor
ATT ST:
City Cle 41111
Attachment A to Resolution 16-09
• e DOCUMENT: 20223961 Pages: 9
111111011111111110 Fees. . . . * No Fees
Taxes. . .
This Document Is Recorded Copies. .
For the Benefit of the AMT PAID
Town of Los Altos Hills
And is Exempt from Fee REGINA ALCOMENDRAS RDE # 007
Per Government Code SANTA CLARA COUNTY RECORDER 4/24/2009
Sections 6103 and 27383 Recorded at the request of 10:55 AM
City
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This�A eement .fc+r •.en 1.ace Easement ("Agreement") is made, and
entered into this �-�"`day of / , 2009, by and between Madian and
Shubba Somasundaram ("Owners") and the• Town of Los Altos Hills, a municipal >l
corporation, ("Town"). So 0,(1 a Su d etra n'1
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 12244 Windsor Court, Los Altos Hills, California.
B. Town has adopted a General Plan and,pursuant thereto, may accept grants
of open space easements on privately owned lands lying within the Town.
C. Town finds this open space easement to be consistent with the Town's
General Plan and in the best interests of the Town.
D. Owner and Town desire to limit the use of a portion of the property more
particularly described in Exhibit A attached hereto, by dedication of an open space
easement in order to reduce potential adverse impacts on such land including grading,
vegetation removal, and erosion, recognizing that such land is essentially unimproved
and if retained in its natural state has substantial scenic valueto the public and that the
preservation of such land as open space constitutes an important physical, social,
aesthetic and economic asset to the Town and to Owner.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions set forth herein and the substantial public benefits to be derived therefrom, do
hereby agree as follows:
1. Grant of Open Space Easement. Owner, as grantor, hereby grants an open
space easement to the Town of Los Altos Hills, a municipal corporation in the County of
110
•
Santa Clara, State of California, over the real property described and shown as Exhibit A,
(the "Property"), to have and to hold said open space easement for the term and for the
purposes and subject to the conditions, covenants, and exceptions described herein.
2. Statutory Authorization. This Agreement and grant of open space
easement are made and entered into pursuant to Chapter 6.6 commencing with Section
51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject
to all of the provisions of said sections and chapters including any amendments thereto
which may hereafter be enacted.
3. Restriction on Use of Property. During the term of this Agreement and the
open space easement granted herein, the Property shall not be used for any purpose other
than an open space easement and those uses related to or compatible therewith. Owner,
for the direct benefit of the Property described herein, hereby declares that the Property
shall be subject to restrictive covenants running with the land which shall be binding
upon all subsequent grantees. Said restrictive covenants shall be:
a. against the right of Owner to construct any improvements on or
within the Property except for public and private utilities and paths dedicated to the Town
or an approved septic system, provided these reserved exceptions shall be consistent with
the purposes of maintaining and preserving the natural or scenic character of the land;
and
b. against the extraction of natural resources or other activities which
may destroy the unique physical and scenic characteristics of the land; and
c. against the grading of land for reasons other than attendant to
permitted uses including drainage improvements and underground utilities; and
d. against the cutting of vegetation, except as may be required for fire
prevention, thinning, elimination of diseased growth, invasive or non-native species and
similar measures; and
e. against any plantings other than native vegetation; and
f. against the erection of structures other than lawful fences or any
improvements authorized by Paragraph 3(a) herein.
4. Exceptions. The City Council of the Town may authorize exceptions to
the foregoing restrictive covenants, provided such exceptions are consistent with the
purposes of law and not incompatible with maintaining and preserving the natural
character of the land.
5. Restrictions on Public Use. The public shall not have a right of entry upon
the Property. The right of entry and surface use is limited solely to the Town, but only
for the purpose of inspection of condition of the Property.
• ..
6. Term of Agreement. This open space easement and Agreement shall be
effective on the date of recordation of this Agreement and shall remain in effect in
perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094 or
any successor legislation.
7. Successors in Interest. This Agreement and the open space easement shall
run with the land and shall be binding upon and inure to the benefit of the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto do hereby execute this agreement.
OWNER:
Date: I 0 , 2009 ;
Madian Somasundaram
OWNER:
Date: / 0gall/ , 2009 '
Shub e. Somasundaram
TOWN OF LOS ALTOS HILLS:
Date: , 2009 `
Mayor
ATTEST: & •/
City Clerk
STATE OF CALIFORNIA )
ss:
COUNTY OF1G&
On RAC-. i o , 2009, before me,c YOYI 3 - ii , personally appeared Had Mil S91A4 "'�"1
ShubhaSuSuvt. rcim,personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose nam s '- Ir. subscribed to the within instrument
and acknowledged to me that-he/-814, executed the same in her/tai authorized
capacity(, and that by hisfhar/' signature® on the instrument the person( or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
SHARON J.CHOI
Commisslon# 634416
Notary Public-California
Signature ♦ Z T a 17 Santa Clara County
My Comm.Expires Jan 3.2010
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On , 2009,before me, , personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
. .'
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
..
EXHIBIT "A"
Legal Description of an
Open Space Easement
12244 Windsor Court
Los Altos Hills, California
Portion of A.P.N. 182-11-035
All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California,
described as follows:
Being a portion of land over Lot 4, as shown upon that certain Tract Map entitled"Tract No. 2393,
Laureleen Acres",which was filed for record on August 7, 1959, in Book 110 of Maps, at Page 20, Santa
Clara County Records, and being more particularly described as follows:
BEGINNING at the most southerly corner of said Lot 4,thence, along the southwesterly boundary line,
North 38°15'36" West, 46.11 feet;
Thence, leaving said boundary line of said Lot 4,North 45°45'33" East, 94.24 feet;
Thence,North 54°00'10" East, 67.34 feet,to a point on the easterly boundary line of said Lot 4, said line
being also the westerly right of way line of Natoma Road;
Thence, southerly along said easterly boundary, South 10°06'43" West, 61.05 feet,to an angle point in
the easterly boundary line of said Lot 4;
Thence, continuing along the easterly boundary line of said Lot 4, South 60°28'17" East, 12.30 feet;
Thence, leaving the westerly right of way line of Natoma Road, southwesterly along the southeasterly
boundary line of said Lot 4, South 46°03'43 West, 75.60 feet,to an angle point in the southeasterly
boundary line of said Lot 4;
Thence, continuing along the southeasterly boundary line of said Lot 4, South 59°33'43" West, 45.22
feet,to the POINT OF BEGINNING;
Containing 7,302 square feet,more or less, as shown on the plat attached hereto and made a part hereof.
End of Description.
Date: -b7 'fc1; &P.-•
pna,;
Mark A. Helton n>
L.S. 7078
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• t Giuliani K11,Iilc". DATE: 1/6/09 LEGAL DESCRIPTION
.; Engineers.• 'Ptanners •.Surveyors' , ` _' DRAWN:. E.T. OPEN SPACE EASEMENT
4880 Stevens"Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: C.M.
12244 WINDSOR COURT
(408) 615-4000 Fax (408) 615-4004 JOB N0,: 07257
Auburn 4 San Jose 0 Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS, CALIFORNIA
• •
RESOLUTION NO. 16—09
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Somasundaram)
WHEREAS, Madian and Shubba Somasundaram ("Owner") owns the property commonly
known as 12244 Windsor Court, Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants
of open space easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for open space easement
attached to this Resolution as Attachment A ("Open Space Easement Agreement") to limit the use
of a portion of the property in order to reduce potential adverse impacts on such land including
grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owner and the Town recognize that the land subject to the Open Space
Easement Agreement is essentially unimproved and if retained in its natural state has substantial
scenic value to the public and that the preservation of such land as open space constitutes an
important physical, social, aesthetic and economic asset to the Town and the Owner;
WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and I
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement.
PASSED AND ADOPTED this WeAday ofY&Ajdzi&__ , 2009
()-
BY:
Mayor
ATT ST:
Certified as a true copy
City Cle- By /
City Clerk of the own of os Altos Hills
0'
I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing is true and correct.
WITNESS my hand and official seal.
Kailli) '7/—
Karen Jost, -
Date: April 24, 2009
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022