HomeMy WebLinkAbout33-14 RESOLUTION 33-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Hadden)
WHEREAS, David & Saina Hadden ("Owner") owns the property commonly known as 24874
Olive Tree 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.
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 33-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 33-14 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 19 day of June , 2014, by and between David & Saina
Hadden, ("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
commonlyknown as 24874 Olive Tree 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 thep ublic 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,
Resolution 33-14 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 33-14 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: "L 30 ' 2014
Davi nd/or Saina dden
TOWN OF LOS ALTOS HILLS:
20
Date: June kq , 2014
,eXayor— John Radford
ATTEST: ( �
City Clerk — Deborah Padovan
Resolution 3344 Page 5
STATE OF CALIFORNIA )
}
COUNTY OF SANTA CLARA )
On 30 , 2014, before me, udul C bJF� ,Notary
Public,p rsonally appeared -p"[4 0 t 9n,nn rma.'ld Pin ,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
re subscribed to the within instrument and acknowledged to me that=- i
executed the same in-hisfhera et authorized capacity(ies), and that by
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.
JUDY C.WONG
WITNESS my hand and official seal. ' Commission# 1988447
Z:P;o, Notary Public-California Z
Z ' Santa Clara_County
My Comm.Expires Sep 15,2016
Signature: (Seal)
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
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 33-14 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.
DEBORAH L. PADOVAN
Commission# 1929787
Notary Public-California
_ Sonoma County
Signature: (Seal)
MV Comm. Iter A r 19,2015
Resolution 33-14 Page 7
i •
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 33-14 Page 8
• Certified as a true copy
RESOLUTION 33-14 QY
City Cleric of the Toyai of Los autos;ii is
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Hadden)
WHEREAS, David & Saina Hadden ("Owner") owns the property commonly known as 24874
Olive Tree 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.
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 33-14 Page 9
Resolution 33-14 Page l
ATTEST:
Deborah Padovan, City Clerk
Resolution 33-14 Page 10
Resolution 33-14 Page 2
WADE HAMMOND
LAND SURVEYOR
36660 NEWARK BLVD. SUITE C
NEWARK,CALIFORNIA 94560-3000
TEL:510-579-6112 FAX:510-991-8054 WADE@WADEHAMMONDPLS.COM
5-28-2014
EXHIBIT A
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF SHAMILOV& HADDEN
24874 OLIVE TREE LN
LOS ALTOS HILLS, CA
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA,STATE
OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL B,AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED APRIL 21ST,1977 IN BOOK 393 OF
MAPS AT PAGES 42&43,SANTA CLARA COUNTY RECORDS,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHERN MOST CORNER OF SAID PARCEL B;THENCE ALONG THE WESTERLY LINE OF SAID PARCEL B,
NORTH 39"22'27"WEST,173.13 FEET,
THENCE LEAVING SAID WESTERLY LINE OF SAID PARCEL B NORTH 24°54'59" EAST, 17.97 FEET;
THENCE NORTH 57°12'21" EAST,50.21 FEETTO THE EASTERLY LINE OF SAID PARCEL B, BEING ALSO THE WESTERLY LINE OF
LOT 11,TRACT 3672, RECORDED APRIL 29TH, 1964 IN BOOK 177 OF MAPS AT PAGES 44 AND 45
THENCE ALONG SAID EASTERLY LINE OF SAID PARCEL B,SOUTH 20°32'45"WEST,40.28 FEET;
THENCE SOUTH 34°08'03" EAST,81.89 FEET;
THENCE SOUTH 21°27'24" EAST,77.18 FEETTO THE POINT OF BEGINNING.
CONTAINING 4,269 SQ.FT., MORE OR LESS
END OF REAL PROPERTY DESCRIPTION.
A PLATSHOWING THE ABOVE DESCRIBED PARCEL IS ATTACHED HERETO AND MADE A PART OF HEREOF AS EXHIBIT"B"
THE BEARING NORTH 34°49'30" EAST OF THE CENTER LINE OF OLIVE TREE LANE AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 393 0F MAPS AT PAGES 42& 43
WAS USED AS THE BASIS OF BEARINGS IN THIS DESCRIPTION.
PREPARED BY,OR UNDER THE SUPERVISION OF:
5-28-2014
LOUIS WADE HAMMOND PLS 6163
°p00000000000 0
o°°°° LAND
pp !v
oppppfp000000000'0 �o
WADE d4, 000� hq� hci0 OS O
J oo° PLS 6163
o
°o
0 O O 0
0 0 0 0
$ 0 o* pp4
% 0
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Sl 000p0000000000�P 0
qjF OF CAIWS�o °°o
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PAGE 1 OF 2
Resolution 33-14 Page 11
I EXHIBIT B
PLAT TO ACCOMPANY
'
L=100.30' R=180.00' LEGAL DESCRIP77ON FOR OPEN
D=31'55'30" SPACE EASEMENT
LOT 8 LANDS OF SHAMILOV AND
U'� HADDEN
24874 OLIVE TREE LN
K °� �'o �` LOS ALTOS HILLS, CA
L=69.12' R=330.00' MAY 2014
D=12'00'00"
Basis Of Bearings LOT 9 1 pp= 700
LANDS OF
SHAMILOV & HADDEN
PARCEL B, 393 M 42,43 p0ooa00000
45,685 SQ. FT.+/— GROSS 177 M 44 000°°°LAND _
41,416 SQ. FT. +/— NET ° S��S°�AD� y S(�,P o
O' p o° 9 00
o
O p V�o° O ��'O 0 -4 o
oJo° J PLS 6163 d °o50o
N79 27'15"W. o 0 o 0
50.00' 1 o 0
0
o o*
0
400 0
N12 20'00"W 1 V h o
/ 00°00ooaao °00
`jl °00000° ��
� P0°
000089.90' OF CIQ; °°°
PARCEL A I I
I LOT 11
N26'39'00"E I i LEGEND
102.61' I
10' S.D.E. I Ir-- N57'1221"E ® OPEN SPACE EASEMENT
I 50.21' ____ , EXISTING S.D.E. BOUNDARY
N24'54'59"E S2032'45"W P.O.B. POINT OF BEGINNING
17.97' ly \ 40.28' S.D.E. STORM DRAIN EASEMENT
S34'OS'03"E THE BEARING NORTH 3449'30" EAST
OF THE CENTER LINE OF OLIVE TREE
81.89' LANE AS SHOWN ON THAT CERTAIN
PARCEL MAP RECORDED IN BOOK 393
4269 SQ. FT. OF MAPS AT PAGES 42 & 43 WAS
N39 22'27"W USED AS THE BASIS OF BEARINGS ON
173.13' 1 THIS PLAT.
1 S212724"E
77.18'
L . Wade Hammond
1 Licensed Land Surveyor
P 0 B No. 6.163
36660 Newark Blvd. Suite C
Newark; California 94560
Tel:(510)579-6112 Fax:(510) 991-8054
wade@wadehammondpls.com
PRM1&,W332-14 Page 12