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HomeMy WebLinkAbout71-08 • • RESOLUTION NO. 71. 0 8. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Surdey) WHEREAS, Todd and Kelley Surdey ("Owner") own the property commonly known as 10250 Magdalena 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 Owners have 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 Owners 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 Owners; 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. PASSED AND ADOPTED this 23rd day of October, 2008 ( BY: Mayor ATTEST: / ity Cler• #656294v1 114} Attachment A to Resolution 71-08 DOCUMENT: 20069877 Pages: 7 111 111 II 111 Fees. . . . * No Fees Taxes. . . This Document Is Recorded Copies. . For the Benefit of the AMT PAI D Town of Los Altos Hills And is Exempt from Fee REG 1 NA ALCOMENDRAS RDE # 003 Per Government Code SANTA CLARA COUNTY RECORDER 12/16/2008 Sections 6103 and 27383Recorded at the request of 1 1 :33 AM When Recorded,Mail to: City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement fO/p_en Space Easement ("Agreement") is made and entered into this � 0day of�� &v' , 2008, by and between Todd Surdey and Kelley Surdey, ("Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owner owns thatcertain real property in the Town of Los Altos Hills commonly known as 10250 Magdalena 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 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 I • ' 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. • • 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: '( ( , 2008 , _ ritCd Sur'dey Date:\` , 2008 / K lley S ey TOWN OF LOS ALTOS HILLS: Date: 23, 2008 Mayor ATTEST: City Clerk I • mkr ACKNOWLEDGMENT State of California County of Santa Clara On September 18, 2008 before me Jen Crosslin , Notary Public, personally appeared Todd Surdey& Kelley Surdev whose namekt,4861 subscribed to the within instrument and acknowledged to me that s executed the same in h'rs1tT9 r authorized capacity 403\, and that by hi r signatur=,©).n the instrument the person stor the entity upon behalf of which the persona 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) .JEN CROSSLjIV � comm. #1706180 NOTARY.PUBLI CALIFORNIA T'1y SANTAGLARgc1�t�NTf �`" My Comm.Expires Nov. 19,2010 111 1111 ' EXHIBIT "A" OPEN SPACE EASEMENT July 11, 2007 10250 Magdalena Road Los Altos Hills A portion of that certain real property as described in the Grant Deed from Elizabeth J. Peterson to John Komo and Nan Komo, Trustees of the Komo Family Trust dated August 26, 1993 under Recorders Series Number 19036297, Santa Clara County Records, State of California, more particularly described as follows : BEGINNING at the southeasterly corner of said parcel, also shown on that certain Record of Survey filed for record March 7, 1961 in Book 130 of Maps at Page 22 , Santa Clara County records; THENCE along, the northeasterly boundary of said parcel North 44°29 ' 12 " West 206 . 55 feet; THENCE leaving last said line North 32°00 ' 00" West 36 . 00 feet; THENCE North 58°00 ' 00" West 34 . 00 feet; THENCE South 72°00 ' 00" West 47 . 61 feet to the northwesterly boundary, of said Parcel; THENCE along last said line South 22°04 ' 00" West 78 . 69 feet to the southwesterly line of said parcel; THENCE along last said line South 67°57 ' 51" East 288 . 57 feet to the POINT OF BEGINNING. Containing 0 .401 acres, more or less, all as shown on the plat attached hereto and made a part hereof . Duty /2, 2007 Date Signed 0„„.,M.-5$4,04,/4,40 Cte •. 44, A No. 14030 -4 , caEXP vim• LONE OAK LANE (Private Road) r S 22°04'00" W 614.09' I • 20'Emergency Access Easement to Parcel 1 r 78.89' \ �--------------- ----- tP 6'r,\04o . I14ia a�% ` 0.401.acres OPEN SPACE EASEMENT-0' �- I +- Emergency Access I i i Easement 1223 Sq Ft o O ii°o° "�°c I I PARCEL ,2 I Lands _, o° / . I of Komo d / (19036297) • - 0 vsOFESS//g, d 4'N f4 o,�,1.0 CZF� c,'` Lo 0 o `cam - - �u -� °�c�. i40a0 to r,;; m' �° • EXP.IL's. cre 'The property shown •on this LP is A. P.N. - 336-37--024 shown on a Record of Survey recorded March 7 , 1961 in Book. 13 of Maps at OWNER: Komo Family Trust Page 22 , . Santa Clara County Records. ' 23225 Ravensbury Avenue Bearings shown are based on monuments Los Altos Hills 94024 shown on that map. • . . SCALE: 1.9-56 � OPEN SPACE EASEMENT 1025® MAGDALENA ROAD - C Y_.;.M`,"'-i`"`r"' "_```'"C' . 7. 1:.:`•, DATE: -4-67 LOS ALTOS HILLS .1' `R I! ` ..` `` 1; ,' DWN: -f,C. EL SANTA CLARA COUNTY , 4966LOS ALTOS,NCALIFORNIA9402"2 110 (650)962-9260 JOB NO:743 ' I • • RESOLUTION NO. 7170 8. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Surdey) WHEREAS, Todd and Kelley Surdey ("Owner") own the property commonly known as 10250 Magdalena Road, Los Altos Hills, California; and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open spaceeasements on privately owned lands lying within the Town; WHEREAS, the Owners have 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 Owners 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 ?pen space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owners; 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. PASSED AND ADOPTED this 23rd day of October, 2008 BY: �' Mayor ATTEST: Certified as a true t opy ity Cler• / • Ey Ci;r Clerk of th Town of Os Altos Hilis #656294v1