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Home My WebLink About60-14 RESOLUTION 60-14 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Urban West,LLC) WHEREAS, Urban West, LLC ("Owner") owns the property commonly known as 12179 Hilltop Drive(APN 336-20-018), 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 ("Agreement for Open Space Easement") 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 11th day of September, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen,Waldeck NOES: None ABSTAIN: None ABSENT: None Resolution 60-14 Page 1 BY: - - John Radford, Mayor ATTEST: Deborah--Padovan, City Clerk Resolution 60-14 Page 2 This Document Is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 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 Agreement for Open Space Easement ("Agreement") is made and entered into this J_ day of N n s�- , 2014, by and between RONALD M. TATE, ("Owner") and the Town of 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 12179 Hilltop Drive, 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: Resolution 60-14 Page 3 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 including but not limited to 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, removal of invasive or non-native species and similar measures; and e. against any plantings other than native vegetation; and ff, against the erection of structures other than 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. Resolution 60-14 Page 4 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: L 52014 Ronald M. Tate TOWN OF LOS ALTOS HILLS: Date: kqfid r 2014 John Radford ATTEST: City Clerk-Deborah Padovan Resolution 60-14 Page 5 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ` On(&OV + /q , 2014 before me, n M 1 ,Notary Public,personally appeared 1 a , who proved to me on the basis of satisfactory evidence to be the person(g)whose name(, isAare-subscribed to the within instrument and acknowledged to me that hekAte/tkey- executed the same in hisAte t+authorized capacity(ies), and that by his/-f�er/filrei signature(b on the instrument the person, or the entity upon behalf of which the person) 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. WITNESS my hand and official seal. JENNIFER DRYSDALE Commission# 1907602 a -® Notary Public-California z `/ Z Santa Clara County Signature: /�� ) (Seal MX Comm.Expires Nov 6,2014 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) / O2014 before me, `! L- !�✓ll'r� ,Notary Publ&ic,/ple'r:s:� o proved to me on the basis of satisfactory evidence to be the personXwhose name( is/afe subscribed to the within instrument and acknowledged to me that he/s� executed the same in his+erftheir authorized capacity(ies),,and that by his/iferfthvir signatureK on the instrument the person, or the entity upon behalf of which the person'( 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. WITNESS my hand and official seal. -'^ DEBORAH L.PAOOVAN Commission# 1929787 Notary Public-California Z z �?� z Signature: (Seal) Sonoma County My Comm._Expires Apr 19,2015 DEBORAH L. PADOVAN Commission# 1929787 Notary,Public.-California a ' Sonoma County Resolution 60-14 MV Cornmi Expires Apr 19,2015+ Page 6 I, Deborah Padovan, 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. Deborah Padovan, City Clerk Date: September 12, 2014 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 60-14 Page 7 Certified as a true copy RESOLUTION 60-14 By City Clerk of the Twin of Los Altos l;;i!s RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Urban West, LLC) WHEREAS, Urban West, LLC ("Owner") owns the property commonly known as 12179 Hilltop Drive(APN 336-20-018), 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 ("Agreement for Open Space Easement") 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement 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 Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 11 th day of September, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None Resolution 60-14 Page 8 Resolution 60-14 Page I BY: John Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 60-14 Page 9 Resolution 60-14 Page 2 Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description Resolution 60-14 Page 10 EXHIBIT "A" Legal Description to Accompany an Offer of Dedication of an Easement for Open Space Purposes to the Town of Los Altos Hills Lands of Tate, 12179 Hilltop Drive, Los Altos Hills, California A parcel of land lying within the Town of Los Altos Hills, County of Santa Clara, State of California, being an easement for open space purposes and any appurtenances thereto, lying under, over, on and across a portion of Lot 2 as shown on that certain. Record of Survey map filed March 7, 1957 in Book 79 of Maps, at Page 4, Records of said County, being more particularly described as follows: Beginning at the most northerly corner of Lot 2 as shown on said map; thence along the northeasterly boundary line of said Lot 2 South 38137'40" East 139.33 feet to a point; thence leaving said boundary line along a line being 25 feet southerly of and more or less parallel with the top of an existing creek bank the following courses: 1) South 69°08'19"West 47.73 feet 2) South 76°48'57"West 74.21 feet 3) North 80003'00"West 24:86 feet to a point on the westerly boundary line of said Lot 2; thence along said westerly t boundary line North 6005'48" East 1,00.55 feet to the northwesterly corner of said Lot 2; thence along the northwesterly boundary line of said Lot 2 North 48036'55" East 58.22 feet to the Point of Beginning. x Containing 11,862 square feet of land, more or less. Basis of Bearings: The bearings described herein are based on the northeasterly line of Lot 2 as shown as South 38037.40" East on that Record of Survey filed March 7, 1957 in Book 79 of Maps, at Page 4, Santa Clara County Records. As shown on "Exhibit B" attached hereto and made a part.hereof. End of Description This description was prepared by me or under my direction pursuant to the31 require ents of the Professional Land Surveyor's Act. Y. f QRQFES$/Q Arnold R. Brunetti p N Date R.C.E 17,186 Reg. Exp. 6/30/2Eye -A+� m Page.1 of 2 17186 m * ExpCP . a is lq� CIVIL �Q- ResolutiCAL1F�� Page 11 ti LOT 4 5e 5eec 79 MAPS 4 Eese� n� � 6 o Seng $40 p R P. 1,9 6 ��o< 9 Mo45 1 Pei ��, �•� Qe o h�. ��. LOT 3 ,.d70, ip 79 MAPS 4 t� 0 CD m ° o v LANDS OF TATE — DOC. NO. 22639340 s s� AREA OF NEW OPEN SPACE EASEMENT o OFFERED FOR DEDICATION TO THE �0 +' TOWN OF LOS ALTOS HILLS LO 0 11,862 sq. ft. MINSTRUMENT NO.. � p{ Si Bank Ncr. , —�Ppp�ox;mote '1 Lr) Ngp O3 c ,pp„w z t � 24.86 � -7 4.2� 7 S-764 BASIS OF BEARINGS: THE BEARINGS SHOWN i 16' 16' LOT 2 ON THIS PLAT ARE BASED ON THE NORTH- 79 MAPS 4 EASTERLY LINE OF LOT .2 AS SHOWN ON THAT RECORD OF SURVEY FILED MARCH 7, i QROFESSio� 1957 IN BOOK 79 OF MAPS, AT PAGE 4, SANTA CLARA COUNTY RECORDS. WQ = m EXHIBIT "B" w No. 17186 * * PLAT TO ACCOMPANY LEGEND s, c/VIL �P A LEGAL DESCRIPTION FOR P.O.B. = POINT OF BEGINNING9�F OF CAL if Oda AN OFFER OF DEDICATION OF AN e = 3/4" IRON PIPE, TAGGED 5981 EASEMENT FOR OPEN SPACE PURPOSES PER BOOK 79 OF MAPS, PAGE 4 TO THE TOWN OF LOS ALTOS HILLS = EXISTING LOT LINE = NEW OPEN SPACE EASEMENT LINE SANTA CLARA COUNTY, CALIFORNIA = = NEW OPEN SPACE EASEMENT LINE/EXISTING LOT LINE P1uc' 12179 HILLTOP DRIVE TOWN OF LOS ALTOS HILLS Hanna ■ Brunetti ■Civil Engineers • Land Surveyors • APN 336-20-018 ■Construction Managers■ SANTA CLARA COUNTY, CA °A18/13/14 Gilroy California (408) 842-2173 Resolution 60-14 "OuBER` 14008 surf. 1"=30' s+Er IAg1�