HomeMy WebLinkAbout06-08 • •
RESOLUTION NO.
6-08
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Russ and Navarro)
WHEREAS, Robert Russ and Pauline Navarro ("Owner") owns the property commonly
known as 12374 Melody Lane, 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.
.hiPASSED AND ADOPTED this Z4 'day of _.,�„ _. , ,��'' 2008
, %
BY:
Mayor
ATTES :
City Clerk 0
• • Attachment A to Resolution 6-08
DOCUMENT: 20069882 Pages: 8
Fees. . . . * No Fees
This Document Is Recorded Taxes. . .
For the Benefit of the Copies. .
Town of Los Altos Hills AMT PA I D
And is Exempt from Fee
Per Government Code REGINA ALCOMENDRAS RDE # 003
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 12/16/2008
Recorded at the request of 11 33 AM
When Recorded,Mail to: Ci ty
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement f. Open Space Easement ("Agreement") is made and
entered into this zI/M-day of .. t , 2008,by and between Robert Russ and
Pauline Navarro, ("Owner") . ,t. e Town .f Los Altos Hills, a municipal corporation,
("Town").
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 12374 Melody Lane, 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 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 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
• •
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; and
d. against the cutting of vegetation, except as may be required for fire
prevention, thinning, elimination of diseased growth, 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: /a/(S/ , 2007
Robert Russ
Date: / J �S , 2007
'v uline Navarro
T• I OF SOS ALTO ;HILLS:
*
!
Mayor
City Cie.
•; .
State of Californ a )
County o kCQ v- ,
On /...c C q before me, _ here insert name and
title of the officer), personally appeared g G --(`T
who proved to me on the basis of satisfactory evidence to be the person('whose namepl
is/ale subscribed to the within instrument and acknowledged to me that he/shef h y
executed the same in his/herAheir authorized capacity(i ), and that by his/her/their
signature on the instrument the person( , or the enti&upon behalf of which the
persons acted, executed the instrument/
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
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WITNESS am and official seal. DOUG SHON
COMM.#1671203
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State of Californ' )
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On/5De.c. ,.orj before me,D 806 f-(6 i3 P u 7,�)JXere insert name and
title of the officer), pefsonally appeared ipA ' `� '` V .re.k.p
who proved to me on the basis of satisfactory evidence to be the person whose name('
is/ate subscribed to the within instrument and acknowledged to me that h(/she/t
executed the same in hh/her/thlEir authorized capacity(%s), and that by 1 /her/ yfr
signature( on the instrument the person(,), or the entity upon behalf of which the
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I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS .nd nd official seal. t�nmmunuunnmuuuumunnmm�mummnnmm�muununmm� I
Signa ire (Seal) = ,r�� DOUG SHON
comm.#1671203 1
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Pity Comm.Exp.June 5,2010 =_
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•. •
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
.
December 13 , 2007 ,
LEGAL DESCRIPTION OF OPEN SPACE EASEMENT
12374 Melody Lane, Los Altos Hills
A portion of Lot 2 as shown on that certain map entitled, "Tract
No. 3002" , filed August 24, 1961 in Book 137 of Maps at Page 2,
Official Records of Santa Clara County, the boundaries of said
easement being described as follows:
BEGINNING at a point on the northeasterly boundary of said
subdivision at the common corner of Lots 1 and 2 as shown on said
map;
THENCE along the northeasterly boundary of Lot 2 South 61°28 '42"
East 280. 00 feet;
Thence leaving last said line along the southeasterly boundary of
said Lot 2 South 24°08 '55" West 23 . 00;
THENCE leaving last said line North 66°00 ' 00" West 208. 00 feet;
THENCE North 48°30 ' 00" West 83 . 31 feet to the northwesterly
boundary of said Lot 2 ;
THENCE along last said line North 46°42 '48" East 21.71 feet to
the POINT OF BEGINNING.
CONTAINING 0.202 acres more or less.
e'
No. 14030
EXP.a-Ida
�
PAGE 1 OF 2
S 61°28'42" E 280:00' _
.�"'• 21 .71 Open Space Easement 23.00' "'�
P'O•$• 0.202 Acres
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S 66°00' 00" E 2
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m PLAT TO ACCOMPANY LEGAL DESCRIPTION
h) OF OPEN SPACE EASEMENT +C:?...I:Pa 1°Ni 7' _°Ts(.1 "`'`"C I A.,. 7,--,.., DATE:?Z..13-07
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12374 MELODY LANE "�" ` ` �`�` � ':��` DWN:
h.) LOS ALTOS HILLS 4966 EL CAMINO REAL • SUITE 110
LOS ALTOS,CALIFORNIA 94022 (G50)962-9260 ti JOB NO:w5.1
.` � ,
RESOLUTION NO.
6-08
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Russ and Navarro)
WHEREAS, Robert Russ and Pauline Navarro ("Owner") owns the property commonly
known as 12374 Melody Lane, 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 r
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 c-‘-t- of moi„ l E ' 2008
BY:
Mayor
•
ATTES :
Certified as a tru• copy
//,
City Clerk ip
cy ,
City Clark of'hi, Town •f Los Altos Hills