HomeMy WebLinkAbout32-14 RESOLUTION 32-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Emad-Vaez and Aazad)
WHEREAS, Sadr Emad-Vaez and Pouran Aazad ("Owner") own the property commonly known as
27300 Ursula Lane (formerly 27755 Edgerton 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 ("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 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 32-14 Page 1
ATTEST:
Debbrah Padovan, City Clerk
Resolution 32-14 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 19. day of June , 2014, by and between SADR EMAD-
VAEZ and POURAN AAZAD, ("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 27300 Ursula Lane (formerly 27755 Edgerton), 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, thep arties, in consideration of the mutual covenants and
conditions set forth herein and the substantialublic benefits to be derived therefrom,p v do
hereby agree as follows:
Resolution 32-14 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
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.
Resolution 32-14 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: OS —LO , 2014
Owner
Owner
TOWN OF LOS ALTOS HILLS:
Date: June' , 2014
ayor-John Radford
ATTEST:
ity Clerk-Deborah Padovan
Resolution 32-14 Page 5
STATE OF CALIFORNIA )
COUNTY OF
OF SANTA CLARA )
On -S1 ZCID' , 2014, before me, PAVAS -cbt-7SRM-j ,Notary
Public,personally appeared 5 A-b 9, �5• V A G—Z , who
proved to me on the basis of satisfactory evidence to be the person( whose name(f)
is/ale subscribed to the within instrument and acknowledged to me that he/sly/tl,*y
executed the same in his/h$r/their authorized capacity(i¢s), and that by hisur/their
signature(j) on the instrument the person, or the entity upon behalf of which the persono
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
PANKAJ P. DESAI
1,77,7ommission# 1993387WITNESS my hand and official seal. '
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STATE OF CALIFORNIA )
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On <n6 P� 1 , 2014, before me, V-Nj T cb C S N-1 ,Notary
Public, personally appeared P6URIIN AAZ-Ah who
proved to me on the basis of satisfactory evidence to be the person(l) whose name($)
is/7te subscribed to the within instrument and acknowledged to me that�6/she/tlydy
executed the same in IA/her/tVir authorized capacity(i/s), and that by higher/tVir
signature(j) on the instrument the person, or the entity upon behalf of which the person(j)
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.
PANKAJ P. DESAI
WITNESS my hand and official seal. Commission# 1993387
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Resolution 32-14 Page 6
STATE OF CALIFORNIA )
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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
My Comm.Ex fres Apr 19,2015
Signature: (Seal)
Resolution 32-14 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 32-14 Page 8
Certified as a true copy
RESOLUTION 32-14 By Cibi Clerk of the Tomm of Los i tos Hilis
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Emad-Vaez and Aazad)
WHEREAS, Sadr Emad-Vaez and Pouran Aazad ("Owner") own the property commonly known as
27300 Ursula Lane (formerly 27755 Edgerton 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 ("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 theland
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 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 32-14 Page 9
Resolution 32-14 Page I
ATTEST:
Deborah Padovan, City Clerk
Resolution 32-14 Page 10
Resolution 32-14 Page 2
i
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
27300 URSULA LANE
LOS ALTOS HILLS, CALIFORNIA
Certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
A portion of Lot 1, as shown on that certain Tract Map No. 5762, filed for record on
September 15, 1976, in Book 379 of Maps, at Pages 36 and 37, in Santa Clara County
records, more particularly described as follows;
COMMENCING at the most northwesterly corner of said Lot 1, also lying on the
Southerly line of Edgerton Road;
Thence, along the Northwesterly line of said Lot 1, South 350 37' 02"West, 10.38 feet to
the TRUE POINT OF BEGINNING;
Thence, continuing along the Northwesterly line of said Lot 1, South 35° 37' 02"West,
154.80 feet;
Thence, leaving the Northwesterly line of said Lot 1, South 70 33' 34"East, 49.30 feet;
Thence, North 61' 29' 44" East, 37.12 feet;
Thence, North 44° 07' 59"East, 32.46 feet;
Thence, North 600 37' 22"East, 39.60 feet;
Thence, North 860 52' 34"East, 51.16 feet;
Thence, South 410 38' 48"East, 61.92 feet;
Thence, South 17°43' 49"East, 136.12 feet to a point lying on the Easterly line of said
Lot 1;
Thence, along the Easterly line of said Lot 1, North 4° 09' 12"East, 189.75 feet, to a
point lying 10.00 feet distant and Southerly, measured at a right angle, from the Southerly
line of Edgerton Road;
Page 1 of 3
Resolution 32-14 Page 11
Thence,North 74° 57' 22" West, 3.85 feet to a point of curvature;
Thence along a line concentric with and 10.00 feet Southerly of said line of Edgerton
Road, along a curve to the right from a radial bearing of South 15° 02' 38" West, a radius
of 290.00 feet, through a central angle of 35° 51' 12", an arc length of 181.47 feet to
TRUE POINT OF BEGINNING;
Containing an area of approximately 22,135 square feet, more or less.
END OF DESCRIPTION
EXHIBIT `B"is a plat to accompany this legal description, and which is attached and
hereby made a part hereof.
Prepared by or under the direct supervision of:
fxR
Mark A. Helton �Q
J?�lf Of C��1E0
Page 2 of 3
Resolution 32-14 Page 12
LEGEND STREET DEDICATION
PROPERTY LINE DOCf
CENTERLINE POINT OF
—————— EASEMENT LINE COMMENCEMENT
TRUE POINT OF
OPEN SPACE BEGINNING
EASEMENT43 90-
5hp; �.� Ate` ���0'Y 8
R
pq�N,4 s,??.
SCALE: 1"=60' �� 0O"t. �9S•
LOT 2 N86 52'344"E��? s 9SF� o\�,l
22 51.16' sem, Z`5,�.�F�Yp \;hl 3
APN 182- 19-059 �60%g6 "cp, J h ^�
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\—N44'07'59"E
2
Ory 1 32.46'
N612944-E
h 57'33'34"E 37.12' o
49.30' N
/ LOT 1 N co
/ TRA C T 5 762 UD
N
w o cl-
LANDS OF EMAD.— VAEZ & AAZAD N z Q
/ DOC # 22042594
S88 22'14 E 320.59'
APN 182- 19-062 ,,AND s
ws
C N1� 1 BASIS OF BEARINGS ti o
to Ri to
THE BEARING NB79'53"W BEING THE WES7ERLY a 0 L7078
.
Nom LINE OF LOT 1, AS SHOWN ON THE CERTAIN 7k NN 1L7078 4
TRACT MAP NO. 5762, WHICH WAS FILED FOR
C m RECORD ON SEP7EMBER 15, 1976 IN BOOK 379 Sam
MAPS, AT PAGES 36 37, /N SANTA
CLARACOUNTY RECORDSOF CAL1�04
o z 1
m
EXHIBIT "B"
r ` Giuliani & Sull Inc. SCALE: 1"=60' PLAT TO ACCOMPANY
DATE: 4/10/13 LEGAL DESCRIPTION
DRAWN: E.T. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. 27300 URSULA LANE
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 13133
Auburn San Jose • Oakdale Reso igkE114 3 OF-3 LOS ALTOS HILLS, CALIF0fj3
F,\2008\08103\dwg\08103PLAT,dwg 4/10/2013 1,47128 PM PDT