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HomeMy WebLinkAbout82-95 . . • 6• RESOLUTION NO. 82-95 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF OPEN SPACE EASEMENT • FOR PATHWAY ON LANDS OF BUNTING WHEREAS,William Bunting, an unmarried man, has offered to grant an open space easement for pathway to the Town of Los Altos Hills(the "Town") on, over and across the real property owned by him at 12109 Foothill Lane; and WHEREAS,the City Council of the Town has read and considered that grant of open space easement for pathway; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town hereby accepts the grant of open space easement for pathway on Lands of Bunting on behalf of the public. 2. The Town of Los Altos Hills shall enter into'and the Mayor is hereby authorized and directed to execute the Grant of Open Space Easement For Pathway, a copy of which is attached as Exhibit A. PASSED AND ADOPTED this 1st day of November , 1995. By: Mayor ATTEST: City Clerk 14949/008/1042049.1 • �. � 1310 6 • • ! 09•AGE 126 I . SPEED. REiDl " i FORCO I/S• This Document is Recorded T GUn' Lo s 4"�T�D S7 For the Benefit of the NO 17 11 57 AN 35 Town of Los Altos Hills" 95 And is Exempt from Fee OFFICIAL R CORDS. Per Government Code SANTA CLARA COUNTY,; BRENDA DAVIS Sections 6103 and 27383 RECORDER • When Recorded, Mail to: Town of Los Altos Hills • 26379 Fremont Road NO FEE Los Altos Hills, CA 94022 Attention: City Clerk GRANT OF OPEN SPACE EASEMENT FOR PATHWAY This Grant of Open Space Easement for Pathway("Agreement") is made and entered into this S day of ce. , 199_5 by and between William Bunting as "Owner," and the Town of Los Altos Hills, a municipal corporation, as "Town": RECITALS: A. Owner is the owner of certain real property located in the Town,which real property is commonly known as 12109 Foothill Lane and is more particularly described on Exhibit A attached hereto (the "Property"). 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 the easements granted herein to be consistent with the Town's General Plan; and - D. Owner desires to grant to Town, and Town desires to accept, a nonexclusive easement on, over and across a portion of the Property for open space purposes, including, without limitation, pedestrian, bicycle and equestrian purposes; together with the right of ingress and egress thereto. 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 to the Town an open space easement for pathway purposes, which shall include, without 14949/008/1038670.1 • • P 0 9 a ?AGE 1262• • limitation, pedestrian, bicycle and equestrian access and use, together with the right of ingress and egress thereto, on, over and across those portions of the Property as shown on Exhibit B attached hereto (the "Easement"), to have and to hold said Easement for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Construction of Pathway Facilities. The Town shall have the right, but not the obligation, to construct a pathway and any improvements incidental thereto within the Easement ("Pathway Facilities"). Any costs or expenses incurred in connection with constructing the Pathway Facilities shall be paid by the Town. Owner shall incur no liability in connection with the construction of the Pathway Facilities.. 3. Maintenance of Pathway Facilities. The Town shall maintain the Easement and the Pathway Facilities in good condition and repair. Any costs or expenses incurred in connection with any such maintenance or repair work shall be paid by the Town. Owner shall incur no liability in connection with any maintenance or repair work performed on the Easements or the Pathway Facilities except to the extent any such maintenance or repair work is required as a result of any intentional or willful misconduct of Owner. 4. Restriction on Use of Easement. During the term of this Agreement, the Easement shall not be used for any purpose other than as an open space easement, including those uses described in Section 1 above. Owner, for the direct benefit of the public and the Owner, hereby declares that the Easement shall be subject to the following restrictive covenants that shall run with the land and shall be binding upon all subsequent owners of the Property: (a) No buildings, structures or improvements, including any fences, shall be constructed on or within the Easement except as necessary in connection with any publicor private utility easement dedicated to the Town, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will be incompatiblewith maintaining and preserving the natural or scenic character of the land, and nor shall No natural resources shall be extracted from the Easement o s all other activities be allowed or conducted on the Easement which may destroy the unique physical and scenic characteristic of the land or interfere with the Pathway Facilities, and (c) No grading of the Easement shall be allowed other than in connection with the construction, repair and maintenance of the Pathway Facilities or as • necessary in connection with other permitted uses, and (d) No landscaping or planting of any kind by Owners shall be allowed within the Easement. The Town shall have the right to cut, trim, remove or thin any vegetation or growth located within the Easement and the Town, at its sole cost and 14949/008/1038670.1 • S r092PAGE 1 .3 • expense, shall have the right to plant or install additional landscaping as the Town deems necessary. 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. Statutory Authorization. This Agreement and the grant of the above Easement shall be made and entered into pursuant to Government Code Sections 6950 through 6954 and 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 chapter including any amendments thereto which may hereafter be enacted. In addition, this Agreement is expressly intended to qualify as an"open space easement"for the purposes of Revenue and Taxation Code Sections 421 through 430.5. 6. Term of Agreement. This Agreement shall be effective on the date of recordation 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 granted herein shall run with the Property 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 have executed this agreement. OWNER Dated: /a-6=96" .`. . William Bunting TOWN OF LOS ALTOS HILLS Dated: t iNfs� By: ATTEST: APPROVED AS TO FORM: ( . . CITY CLERK CITY t TTORNEY 14949/008/1038670.1 • i • p092PAW 2S State of California ) ss. County of Santa Clara ) On 1/Zr . 'X before me, the undersigned Notary Public, personally appeared ; i ri personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed to the within instrument and acknowledged to me that he executed the same in his authorized-capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executedthe instrument. r . .kms) OFFICIAL FiC L ` RUT9 TUBBS .� t Notary 'ublic for the State of California gf SAMCURACOUNTY VY Comm Oct.C.199S My commission expires: /Q— , 19 State of California ) County of Santa Clara ) On before me, the undersigned Notary Public, personally appeared , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. On this day of , 1995, before me, , a Notary Public for the State of California My commission expires: , 19 • 14949/008/1038670.1 • • P092FOE I .5 Exhibit "A" Legal Description All that certainrealproperty situated in the Town of. Los Altos Hills, County of Santa.Clara,.State of California and described as:. Parcel No. 4 of Tract No. 2516, filed on October 8, 1959, in Book 112 of Maps, at Page 49, in the Office of the Recorder, County of Santa Clara. • ? O 9 •cE01166 Exhibit "B" Sheet 1 of 2 Legal Description All that certain real property situated in the Town of Los Altos Hills, Countyof p p Y Santa Clara, State.of California,being.a 10 foot wide open space easement for pathway with the centerline of said easement more particularly described as follows: Beginning at the most southerly point of Parcel No. 4 of Tract Map No. 2516, recorded in Santa Clara County on October 8, 1959, in Book 112 of Maps at page 49 in the Office of the Recorder; Thence North 38° 30' West along the southwesterly property line of said parcel 41.00 feet to the true point of beginning; Thence leaving said property line North 51° 45' East 34.99 feet; Thence North 72° 00' East 37.00 feet; Thence North 64° 03' East 44.92 feet to the westerly property line of said parcel. Said 10' wide easement is a width of 5 feet on each side of said centerline, parallel to said centerline, and extending more or less until intersection with the easterly property line of said parcel. Containing an area of 0.027 acres, more or less 141' V44%- /1* CD �oi ^13;5 � ClVIL ���� 9TF OF CA1.\F� v . 0 0 p 09 alicE067 L V W j•s / V y 119.73' 1488°58'374 W N Iv 0 4 A t,,,GT N` (Da PA ZCEL.. t•l0. A' 7 49 ? "ra. 1.10. 2e1Cv o�g )1i .t9.„,-/ . Ai.57' W V°35'x/ t„ OF 101 WIPE. -1.P it I Pk-rts s�tAsi1T r ^ ;I, \ to w i Tl?0.15. er�,�i 0 4`•°t 0 * a. '29 •,,. 2c.75' S2 0 N 29°2.7'W li )1111r ,0 ' LIME DATA �8° 0. °4't' 0 BRe 1 .16TH 3 N6l°4r' E 34.`19` �� �A� �� 2. NT2°00' E 3'?.0O` I c`c SSI�'l�\ y • `3 N GA!'03' E 44:`12' ii Ltk- 4;1,-3 W —f 14,1 ilk rri y \01 1!1"' c.. ,Y PATHWAY EASE MEt 1T 121 Oq FOOTHI L..L L../^..tLE SHT 2 Orr 2.