HomeMy WebLinkAbout34-14 RESOLUTION 34-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS.ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of ISCA ASSETS 15,LLC)
WHEREAS, ISCA ASSETS 15, LLC ("Owner") owns the property commonly known as, 26740
Sherlock 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 ("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.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 34-14 Page 1
ATTEST:
-Deborah Padovan,"City Clerk
Resolution 34-14 Page 2
• Attachment A
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 t t day of �� — , 2014, by and between ISCA Assets 15,
LLC, ("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 26740 Sherlock 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 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 substantialublic benefits to be derived therefrom do
p ,
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,
Resolution 34-14 Page 3
• •
(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
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.
Resolution 34-14 Page 4
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: 2014 /
Owner- Amit Ha / -
fqr4-3' A Assets 15, LLC
ner
TOWN OF LOS ALTOS HILLS:
Date: June --U , 2014
Radford
ATTEST:
City Clerk-Deborah Padovan
Resolution 34-14 Page 5
STATE OF CALIFORNIA
50,,-,, )
COUNTY OF SAN )
On �O I 1 1 1.4 , 2014, before me,Hease 11c,c- 'Adon " ILI n Notary
Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s-'whose names
is re subscribed to the within instrument and acknowledged to me thatshe/they
executed the same in tier/their authorized capacity(i;s), and that by /her/their
signature�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. %-'' , HTONXIF-Jo
�\V �_ il'i,•. _, it iJC '
0
Signature: - (Seal)
Mad 0.061
WEATHER HARRINGTON-ICING Ij
COMM.#2052755 c
STATE OF CALIFORNIA ) a NOTARY PUBLIC • CALIFORNIA cue
r SAN MATEO COUNT`(
COUNTY OF SANTA CLARA ) � MY commission expires January 17,2018
On , 2014, before me, ,Notary
Public,personally appeared , who
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, or the entity upon behalf of which the person(s)
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.
Signature: (Seal)
Resolution 34-14 Page 6
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
On June 20, 2014, before me, Deborah L. Padovan,Notary Public, personally appeared John
Radford, who proved to me on the basis of satisfactory evidence to be the person whose name is
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.
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.
r,."f
,.. DEBORAH L. PADOV—A N
Commission ' 1929787
i � Notary Public-California
Sonoma County
Signature: (Seal)
My Comm.Ex ares Apr 19,2015
Resolution 34-14 Page 7
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: June 20, 2014
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 34-14 Page 8
• • Certified as a true copy
� —
RESOLUTION 34-14 EyL'li'J GICfl6 Of t,'1e ToY�O Gl'LGS/;1�os E-;sls
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of ISCA ASSETS 15,LLC)
WHEREAS, ISCA ASSETS 15, LLC ("Owner").owns the property commonly known as, 26740
Sherlock 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 (`'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.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 34-14 Page 9
Resolution 34-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 34-14 Page 10
Resolution 34-14 Page 2
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
Resolution 34-14 Page 11
• •
EXHIBIT A
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF ISCA ASSETS 15, LLC
27640 SHERLOCK ROAD
LOS ALTOS HILLS, CA
That portion of the parcel of land in the Town of Los Altos Hills, County of Santa Clara, State of
California as described in the deed to Marco Boerries and Andrea Boerries recorded February
24, 2000 as Document Number 15159741 in the Recorder's Office of said County and State
described as follows:
BEGINNING at a point on the northwesterly line of said Boerries parcel, said point bearing
South 31003'02" West a distance of 213.14 feet from the northerly terminus of the course labeled
as"North 34°05'00"East 193.9 feet" as shown on.said Boerries Deed, said northerly terminus
also being the most easterly corner of the 1.90 acre tract as described in the deed to Ray C. Davis
recorded May 18, 1938 in Book 874 of Official Records at Page 393; thence along said
northwesterly line South 31003'02" West a distance of 100.00 feet to the most westerly corner of
said parcel; thence along the southwesterly line of said parcel South 25°52'52"East a distance of
257.63 feet to the most southerly corner of said parcel; thence along the southeasterly line of said
parcel North 65°45'37"East a distance of 293.18 feet to an angle point in said southeasterly line;
thence leaving said southeasterly line North 59°00'52" West a distance of 382.84 feet to the
POINT OF BEGINNING.
Containing 56,893 square feet, more or less.
This legal description is based on a boundary survey by Wilson Land Surveys Inc. The attached
plat labeled"Exhibit B"is to be used to assist in retracing the lines of this description.
Prepared by, or under the supervision of:
Kenneth D. Wilson Date
Licensed Land Surveyor � �`' rcp
No. 5571
OF CAL\F���
Page 1 of 2 Resolution 34-14 Page 12
EX IT B
PLAT TO ACCOMPANY WIL130
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT N
LANDS OF ISCA ASSETS 15, LLC
27640 SHERLOCK ROAD -Q�,� Q� BOULEVARD,
WINCHESTER
ITE 11
LOS ALTOS HILLS, CA S�� CAMPBELL, CAU9 008
MAY 2014 EMAIL:KENW®WILSONLANDS)URVEYS.COM
WWW.WI LSON LAN D SU R VE YS.C OM
I I
I EASTERLY CORNER LEGEND
____.t-MOST OF 874 OR 393
-------����f �\ OPEN SPACE
EASEMENT
0 30 60 120 °S�� — — — PRIVATE EASEMENTS
�IS"
� \ PROPERTY LINES
( IN FEET ) //'//'
1 inch = 60 ft. o �`0 NORTHEASTERLY LINE
NORTHWESTERLY ��. o� ��� OF DOC# 15159741
LINE OF DOC# 9-p� (BOERRIES PARCEL)
^)' a 15159741 G1 00
^Ay (BOERRIES PARCEL) •�� 30' PRIVATE ROAD EASEMENT
0 �� PER PARCEL MAP RECORDED
•OAS �O� IN 577 MAPS 27-28
POINT OF
- BEGINNING �
OPEN SPACE EASEMENT S6°,
56,893 SQ. FT.-±
o LANDS OF TSCA ASSETS 15, LLC
DOCUMENT #22094732
/ SOUTHEASTERLY LINE
i f Sg°°s2 OF DOC# 15159741
3 (BOERRIES PARCEL)
8�8g• 60' WIDE PRIVATE o°
ROAD EASEMENT
SyF PER PARCEL MAP
RECORDED
IN 577 MAPS 27-28 0o
`� VICINITY MAP `
NOT TO SCALE Z 1
�D
<1\s� Door SITE
60 'I
boyo Q I I
I '
THE
,Zg3�8
BEARING FOUNDMONUMENTS.4INrOT0' W BETWEEN O
HE NORTHEASTERLY
LINE OF BOERRIES PARCEL AS DEPICTED
ON THE CERTAIN RECORD OF SURVEY FILED
IN BOOK 577 OF MAPS AT PAGE 2i, S1TA
e Resolution 34-14 CLARA COUNTY RECORDS, WAS USE agAv
g / PAGE 2 OF 2 THE BASIS OF ALL BEARINGS ON THIS PLAT.