HomeMy WebLinkAbout33-15 RESOLUTION 33-15
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of ABBE,LLC)
WHEREAS, ABRE, LLC ("Owner") owns the property commonly known as 13456 South Fork
Lane (APN 182-10-039), 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 en a . Corrig yor
Resolution 33-15 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 33-15 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 6th day of May, 2015, by and between ABBE, 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 13456 South Fork 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 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:
Resolution 33-15 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 a private driveway, public and private utilities (excluding
solar panels), paths dedicated to the Town, bee hives, a bench, approved drainage
installations,sanitary sewer installations or an approved septic system, 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. within 20 feet of the northerly boundary of 13456 South Fork Lane
two lighting fixtures are permitted and retaining walls and erosion control measures may
be installed when determined by the City Engineering to be necessary to stabilize the
hillsides adjacent to the private driveway; and
C. against the extraction of natural resources or other activities which
may destroy the unique physical and scenic characteristics of the land; and
d. against the grading of land for reasons other than attendant to
permitted uses including but not limited to drainage improvements and underground
utilities; and
e. 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
f. against any plantings other than native vegetation; and
g. against the erection of structures other than any improvements
authorized by Paragraph 3(a) and (b)herein.
Resolution 33-15 Page 4
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. Owner has right of entry upon 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: of 1� ' 2015
ei Beltyukov
ABRE, LLC
TOV5 OF LOS ALTOS HILLS:
-ZDate: c9d"--, 2015
Mayor- C rten Co - an
ATTEST:
��
City Clerk- Deborah Padovan
Resolution 33-15 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 Sara i Q Glace )
On c�u�n e- 3 2-01S before me, [ RL,bli
(G
Date I- Here Insert Name and Title of the Officr
personally appeared�-x�i1 V�{TV LAk Dy
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be th ersonW whose name is
subscribed to the within instrument and acknowledged to me that( _ � executed the same in
his her�eixauthorized capacity(i*, and that by is herf trmr 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.
8W2ANNE AIW
Commission/1972243 WITNESS my hand and official seal.
Z Nomy -Caitlorr"
Z nm C�CouMy ty
16.20169
6 �
Comm. ros Mu 16.2016 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
Title or Type of Document: �Gy"� �(_ been oec_ument ate: �A eM ro f Zb L S
Number of Pages: �_ Signer(s) Other Than Named Above: C oLm- nac,/ rria�l
Capacity(ies) Claimed by Signer(s)
Signer's Name: At i ( V Lk—D1/ 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: -e 1 ' Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Resolution 33-15 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( (whose name�4is/ar-@-subscribed to the within instrument and acknowledged to me that
he/she/t .executed the same in 44s/her/heir authorized capacityCr&-,1 and that by-histher/heir-
signaturets),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.PAOOVAN
r' Commission#2104366
Notary Public-California
Seal Santa Clara County
Signature: ) M Comm.Expires Apr 19,2019
Resolution 33-15 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 33-15 Page 8
i
Ce,l lcd as a true copy
RESOLUTION 33-15
Cid Ci,C;: 0
3`Lcs Pi {",
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of ABRE, LLC)
WHEREAS, ABRE, LLC ("Owner") owns the property commonly known as 13456 South Fork
Lane (APN 182-10-039), 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:
Coena . Corrlg yor
Resolution 33-15 Page 9
Resolution 33-15 Page 1
ATTEST:
Deborah Padovan, City Clerk
RR,lution�331 5 Pae o
EXHIBIT "A"
Legal Description
Open Space Easement
Lands of Yong,
13456 South Fork Lane, Los Altos Hills, California
All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State
of California, being a portion of Parcel 2, as said Parcel 2 is shown upon that certain Parcel
Map, which was filed for record on June 14, 1973, in Book 324 of Maps, at Page 47, in
Santa Clara County Records and being more particularly described as follows:
BEGINNING at the most northwesterly corner of said Parcel 2, Thence,
along the westerly boundary of said Parcel 2, South 4032'10" East, 254.47 feet,to the most
southwesterly corner of said Parcel 2;
Thence along the southerly boundary of said Parcel 2, North 85027'50" East, 17.00 feet,
to a point on a line parallel with, and 17.00 feet distant, measured at a right angle, from the
westerly boundary of said Parcel.2;
Thence along said parallel line, North 4032'10"West, 76.00 feet;
Thence leaving said parallel line, North 85°27'50" East, 10.00 feet;
Thence North 64°54'28" East, 25.63 feet;
.Thence North 44016'41" East, 21.26 feet;
Thence North 29045'03" East, 26.63 feet;
Thence North 46°34'46" East, 39.82 feet;
Thence North 61°01'12" East, 12.08 feet;
Thence North 53°27'31" East, 18.87 feet;
Thence North 50°38'22" East, 28.02 feet;
Thence North 68°45'53" East, 20.88 feet;
Thence North 75032'16" East, 40.61 feet;
Thence North 6053'36" East, 69.29 feet, to an angle point in the northerly boundary of said
Parcel 2;
Sheet 1 of 2
Resolution 33-15 Page 11
Thence along the northerly boundary of said Parcel 2, North 88°05'10"West, 60.77 feet,
to an angle point in the northerly boundary of said Parcel 2;
Thence continuing along the northerly boundary of said Parcel 2, South 82°07'40" West,
176.65 feet, to the POINT OF BEGINNING.
Containing 29,458 square feet, more or less, as shown on the plat, EXHIBIT"B", attached
hereto and made a part hereof.
End of Description.
LA'�rn�
���/tea ,.�. r�`'�i✓ ''�;,��
a No. 999
0
Sheet 2 of 2
Resolution 33-15 Page 12
25' ACCESS EASEMENT
S432'10"E 254.47' FOR USE OF LOT 2
(PARCEL 2)
POINT OF
2 3 BEGINNING
i °' N
OPEN SPACE EASEMENT ,o
�i DEDICATION////
hl
(29,458 S.F. _k) o
SCALE: 1"--50'
V
Io)
U1
8
CN 11
d-'
2
14
10' PT&T
LAND J 0 Y 0Njc'
P A R C r L 2 (3)2 J\Jl M
NO. DIRECTION LENGTH
o D
,a I
40 1 N85 27'50'7 17.00' EASEMENT
2 N4 32'10"W 76.00'
3 N85 27'50"E 10.00' l
vend I 4 N645428'E 25.63' LEGEND
5 N44'16'41"E 2 I f �Z2 EOPEN SPA ASEMENTCE
6 N29145'03"E 26.636.63 DEDICATION
7 N4634'46'E 39.82' I
8 N61 01'12"E 12.08' ! — EDGE EX. EASEMENTS
9 N53 27'31"E 18.87' AS SHOWN
10 N50'3822"E 28.02'
11 N68-4553"E 20.88' p L AND12
S
13 N76 5336'E 69.29' 10, PA 7,z/ I ,p w �pp A Rpjp9l�.p�
W
14 N88'05'10"W 60.77' Eq,SE-MEyT q Y Go � o
N0. 7999
10' PATHVIA Y 1 EXP. 12-31-16
EASEMENT
OF CALl��4�
S 434'30'7 219.38'-- EXHIBIT W
SCALE: 1"=50, PLAT TO ACCOMPANY
Giuliani & Kull DATE: 3%;;',5 _ LEGAL DESCRIPTION
oRAN,.;: `-;._ -- OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. %21u nr3 ��5 F.R. _ LANDS OF YONG Pae 13
(408) 615-4000 Fax (408) 615-4004 JOB x10.:03�1,1510� X356 SO. FORK LAN
Auburn o San Jose a Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS, CALIFORNIA
F:\2004\04341\dwq\04341pIat.dwq 3/30/2015 2,25:15 PM PST