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HomeMy WebLinkAbout34-15 RESOLUTION 34-15 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF OSBORNE) WHEREAS, David and Beth Osborne ("Owner") own the property commonly known as 26900 Beatrice Lane (APN 175-24-042), 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.21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: o co cy Co ay C Corr' or P Resolution 34-15 Page 1 ATTEST: , Deborah Padovan, City Clerk Resolution 34-15 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 1st day of May, 2015, by and between DAVID M. AND BETH N. OSBORNE,("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 26900 Beatrice Lane,Los Altos Hills, California. B. Town has adopted a General Plan and,pursuant thereto, may accept grants of open sace 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, to consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: Resolution 34-15 Page 3 I. 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 (excluding solar panels), paths dedicated to the Town, approved drainage installations, sanitary sewer installations or an approved septic system,a split rail fence up to four feet in height,and maintenance of these improvements,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 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 34-15 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: 2015 David M. Osborne PLEASE SEE , NOTARY MACHMEg, Beth N. Osborne TOWN OF LOS ALTOS HILLS: Date: ly& ,2015 Mayor- u Corr ',,a Y ba ATTEST: City Clerk-Deborah Padovan Resolution 34-15 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of SANTA CLARA ) On MAY 08,2015 before me, MAULIK ANIL PANDIT,NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared DAVID M. OSBORNE AND Name(s) of Signer(s) BETH N. OSBORNE 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(s), 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 �nnuunnnumnnnwmmmumm°0°0°0unuuuuunuuunume is true and correct. MAULIK ANIL PANDIT COMM.#2089752 T WITNESS my hand and official seal. '^ NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY e M�y G®mm.bp.Dec,10 2 1 IIIIIIIIiIlf11111IIIIlIllllllllllllllllllllllllllllllllllllllllllllllllfllll IIII VIII Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document s,P,6 [r s�rkin C It Title or Type of Document:AG r8&ri'�_0 T Ff 0 f7 PA) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Resolution 34-15 Page 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SANTA CLARA On May 22,, 2015, before me, Deborah L. Padovan, Notary Public, personally appeared Courtenay C. Corrigan, who proved to me on the basis of satisfactory evidence to be the person, e whose name,(.sl is/a;;&subscribed to the within instrument and acknowledged to me that +e/she/tom executed the same in4is/her4teir authorized capacity('I�, and that by44s/her/+&iT signatureKon the instrument the person, or the entity upon behalf of which the personxacted, 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,FACOVAN E Commissloft#2104366 Notary Public-California (Seal) Santa Clara County Signature: J%Comm.Ex*es Apr 1S 2419 Resolution 34-15 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: May 22, 2015 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 34-15 Page 8 Gur',�tiet!as a ttic ce�y RESOLUTION 34-15 :' 9 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF OSBORNE) WHEREAS, David and Beth Osborne ("Owner") own the property commonly known as 26900 Beatrice Lane (APN 175-24-042), 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 21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Co enay C Corr' n, yor Resoli}tion34-15 Page 9 Resolution 34-15 Page 1 ATTEST: Deborah Padovan, City Clerk Re�oluon aetioIti-15 ?a e�0 Reso uti EXHIBIT"A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF OSBORNE 26900 BEATRICE LANE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY,CALIFORNIA ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, STATE OF CALIFORNIA,BEING A PORTION OF THE LANDS OF OSBORNE AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED APRIL 8, 2014 AS DOCUMENT NO. 22562492, SAID DEED DESCRIBING LOT 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 3331" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 27, 1963 IN BOOK 161 OF MAPS,AT PAGE 51,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4,SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF ROBLEDA AVENUE(60'WIDE)AS SHOWN ON SAID MAP;THENCE ALONG SAID SOUTHERLY LINE OF LOT 4 AS DEPICTED ON SAID MAP NORTH 87008'33"WEST 51.17 FEET;THENCE LEAVING SAID SOUTHERLY LINE OF LOT 4 NORTH 15°51'54"EAST 5.68 FEET; THENCE NORTH 26048'58"EAST 14.07 FEET;THENCE NORTH 02°25'09"EAST 21.67 FEET; THENCE NORTH 17°14'04"WEST 20.14 FEET;THENCE NORTH 06°48'41"WEST 52.48 FEET; THENCE NORTH 55019'40"EAST 36.42 FEET;THENCE NORTH 16022'57"EAST 8.40 FEET; THENCE NORTH 30046'55"EAST 3.67 FEET TO THE NORTHERLY LINE OF SAID LOT 4 AS DEPICTED ON SAID MAP,BEING ALSO THE SOUTHERLY LINE OF BEATRICE LANE,AS DEPICTED ON SAID MAP; THENCE ALONG SAID NORTHERLY LINE OF LOT 4 SOUTH 87017'00"EAST 7.15 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 89059'53"AND A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 31.42 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE CONTINUING ALONG SAID EASTERLY LINE OF LOT 4 SOUTH 02°42'53"WEST 124.37 FEET TO THE POINT OF BEGINNING. CONTAINING 6,867 SQ.FT.,MORE OR LESS. RESERVING THE RIGHTS OF SAID LANDOWNER TO ALLOW FOR THE INSTALLATION OF A RAIL FENCE HAVING A MAXIMUM HEIGHT OF 48-INCHES WITHIN THE ABOVE DESCRIBED EASEMENT. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT"B"AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER \-PND THE SUPERVISION OF: 3' Wq(TF�yO� - ----- --�=--- --- - -- MAY 5,2015 MICHAEL J.WALTERS,PLS 5528 DATE No, LS 5528 � EXP. qTF O F C Page 1 of 2 Resolution 34-15 Page 1 I i D=30'40'55" N7447'00"W N R=40.00' 80.00' co L=21.42 �' . ' j F D=12'30'00" ��":' . o LOT 2 R=320.00' m TRACT 3331 "L=69.81' " N87'17'00"W 45.01' • E (40 S87'1 7'00"E 7.15' ... 5.•? o D=89'59'53" OF C R=20.00' L=31.42' N30'46'55"E 3.67' W N16'22'57"E 8.40' N55'19'40"E 36.42�� I z LOT " M `" I� LANDS OF OSBORNE N06'48'41 W C ^ Lo 0 00 W I TRACT 3331 N17'S14'04 "W 3 A v a o 161 MAPS 51 20.14 M L 0 43,554 SQ.FT. + — NO2 25 09 E 04 21.67 :t o N26'48'58"E 14.07' o Z " cn 4f� N15'51 54 E 5.68' M c N87'08'33"W 281.00' LOT2 LOT 1 OPEN SPACE EASEMENT o TRACT 3280 TRACT 3280 N87•os'33"W 6867 SO. FT. +/- 51.17' 162 MAPS 56 162 MAPS 56 POINT OF LEGEND BEGINNING 0 30 60 120 — — BOUNDARY LINE PROPERTY LINE OPEN. SPACE EASEMENT SCALE, V ' 60' PAGE 2 OF 2 EXHIBIT "B" LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY CIVIL ENGINEERS • LAND SURVEYORS LEGAL DESCRIPTION FOR BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 130 HAYWARD..CALIFORNIA 94545 ROSEVILLE, CA 95661 FOR 26900 BEATRICE LANE (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM APN: 175-24-042 JOB 2140399 DRAWN BY: M.J. WALTERS MAY 2015