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Home My WebLink About06-10 RESOLUTION NO. 6 -10 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Sissu L.P.) WHEREAS, Sissu L.P. ("Owner") owns the property commonly known as 11990 Page Mill Road, 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 ("Pathway and 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, native 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 pen Space Easement Agreement. PASSED AND ADOPTED this_IA"day , 2010 BY: (Mayo ATTES City Clerk DOCUMENT: 20', _3813 pages: 9 ee T ax Copies. . Fees. . . .ees. . . . + No Fees Taxes- cop i es This Document Is Recorded AMT PAID For the Benefit of the RDE # 001 Town of Los Altos Hills REGINA ALCOMENDRAS 3/19/2010 And is Exempt from Fee SANTA CLARA COUNTY RECORDER Per Government Code Recorded at the request of 11 :50 AM Sections 6103 and 27383 City When Recorded,Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk 41 AGREEMENT FOR OPEN SPACE EASEMENT Thi Qreen Z r Open Space Easement ("Agreement") is made and entered into this day 2010, by and between Sissu, L.P., a 'r") California Limited Partnership, (C-'Owner") d 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 11990 Page Mill Road,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 interest 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 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: 0*1 Date: , 2010 Sissu, L Beverly Brockway, General Partner TOWN OF LOS ALTOS HILLS: Date: Z , 2010 a ATTEST: City Cle State of California ) County of Santa Clara ) On A`� �� before me ,notary public, personall appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity 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. WITNESS my hand d fficial s 1. _� L MICHEL Signature (Seal) COMM.# 1813861 j^ Ngo, NOTARY PUBLIC-CALIfORNw UI > Y "M-EV..Oft.20.2013 Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description Exhibit"A" Legal Description- Pathway and Open Space Easement Portion APN 182-28-006 An easement for pathway and open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of that land described in the certain Grant Deed document recorded August 23, 2007 as Instrument No. 19560489 of Official Records in the office of the County Recorder of Santa Clara County, as shown on Exhibit`B"made a part hereof, more particularly described as follows: Beginning at the intersection of the centerline of Central Drive (40') with the Easterly right of way line of Page Mill Road (40') as said Drive and Road are shown on that certain Record of Survey recorded March 17, 2009 in Book 831 of Maps at Pages 12, 13 and 14, Santa Clara County Records; thence along said Easterly line of Page Mill Road in a Northerly and Easterly direction, the following four(4) courses: 1. North 46°41'00" East, 115.44 feet 2. North 00007'00"East, 238.12 feet 3. North 14018'00" East, 86.09 feet 4. North 73°45'00" East, 257.75 feet to the Easterly line of the land described in said Grant Deed. Thence along last said line South 13°53'00" East, 72.43 feet; thence leaving last said line South 80°58'48" West, 257.19 feet; thence along a line parallel with and distant 20.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 14°18'00" West, 40.80 feet; thence along a line parallel with and distant 22.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 00°07'00" West, 251.63 feet; thence along a line parallel with and distant 21.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 46041'00" West, 123.17 feet to said centerline of Central Drive; thence along last said line North 50037'14" West, 21.17 feet to the Point of Beginning. Containing 23,596 square feet (0.54 acres) as shown on Exhibit"B" attached hereto and made apart hereof. Z,I,ND SU S�gEYc No. 4588 94;--9-30-10 G:\Correspondence\200710BS\2070375\PATH WAY&OPEN SPACE EASEMEN Now Y csP� ROAD C f No. 4588 A Gt * Eq. 9-30-10 —„— 257,75 cin ' \ w .� o NOs 20.00' S80-58'4899W 257.19' ��S 2 � MAPS \� 40.80' 30 I \ I \ 22.00' LANDS OF '►'� o ROO CCKMn Ail C 00 . I oz DOO Oo No. 19580489 o 9 po O I O O O z�� N _ POINT OF �• Q BEGINNING / Ib ` �pp� 21.00' X11 ROS MAPS 12�� N50'37'1 W rx , R(DS 21.17 \ \ R\G EN��R�\i / 0 40 80 160 , MAPS � � � G30� SCALE". 1" - 80' A4LEA & BRAZE ENGINEERING, INC. EXHIBIT "B" PLAT- TO ACCOMPANY LEGAL CIVIL ENGINEERS .• LAND SURVEYORS DESCRIPTION FOR PATHWAY AND BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, N 300 HAYWARD, CALIFORNIA 94545 ROSEMLLE, CA 95661 LOS ALTOS HILLS; . CALIFORNIA (P) (510) 887-4086 (P).(916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 SANTA CLARA COUNTY WWW.LEABRAZE.COM APN: 182-28-006 JOB #2070375 DRAWN BY: MT JANUARY 2010