Loading...
HomeMy WebLinkAbout35-15 RESOLUTION 35-15 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Somekh Investments,LLC) WHEREAS, Somekh Investments, LLC ("Owner") owns the property commonly known as 25055 La Loma Drive, 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 21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Co e C. Cl�l ayo Resolution 35-15 Page 1 ATTEST: Deborah Padovan,City Clerk Resolution 35-15 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 a(-51 day of LAM , 2015, by and between Somekh Investments, LLC, ("Owner") and the To 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 25055 La Loma Drive, 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 Resolution 35-15 Page 3 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. Resolution 35-15 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: �( 2. , 2015 I Somekh Investments, LLC PLEASE SEE NOTARY ATTACH M ENT TOWN OF LOS ALTOS HILLS: Date: 2015 Mayor-Co ey Corri ATTEST: City Clerk- Deborah Padovan Resolution 35-15 Page 5 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 ` 'fi` C-L-'k R-A- } On 'lL L_ l 201 ` before me,Y\t A..3��� ��'�1-- ����`�' a ��^� �`� �� -I)t-;:�c (Here insert name and We ot the oficeo personally appeared kS--,0 01S E who proved to me on the basis of satisfactory evidence to be the persons)whose name(Kslarg'subscribed to the within instrument and acknowledged to me that helsWtWexecuted the same in his/h6r—Ithelir"a uthorized capacity(ipsc), and that by his/fW theirignature(<(?n the instrument the person(9j,'or the entity upon behalf of which the person(pKacted, 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. . �urnrrrrrrrarrrrrxrrrrrmrnrrrrerrurrrelrrrrarrrrrrrrrrrrrtrearasretsttttrt� MAULIK ANIL PANDIT WITNESS my hand and official seal. COMM.#2089752 T a NOTARY PUBLIC-CALIFORNIA '+ SANTA CLARA COUNTY Mlhll1,�Gomm.lExp.OeC.10,2018 - uuuuunuuuuuuuuuunnm lIIIIIIIIIIHIIiIIIlllllllllllllllllllllll Notary Public Signature (Notary Public Seal) ,i form INF®RIVIATICJt LNSTRUCTIONS FOR COMPLETING THIS FORM Ts form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed,should be completed and attached to the document acknowledgments _ _ from other states may be completed for documents being senfto that state so long (X]� _ as the wording does not require the California notary to violate California notary taw. (Title or description of attached document) C.-4',\ �v1 qL State and County information must be the State and County where the document signer(s)personally appeared before the notary public for admowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. © The notary public must print his or her name as it appears within his or her Number of Pages Document Date - commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personalty appear at the time of _ notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/shelthey�-is/are)or circling the correct forms.Failure to coaectly indicate this Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(S), the county clerk. ❑ Attorney-in-Fact . Additional information is not requiredd but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer.If the claimed capacity is a Resolution 35-15 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Page 6 2,di 5 version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. 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 narnqXisfam subscribed to the within instrument and acknowledged to me that -he/she%hey executed the same in hisfherMteir authorized capacity(ie4 and that by+ris/her/ttei-r signatureXon the instrument the person, or the entity upon behalf of which the personskacted, 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#E 2104366 Notary Public-California Signature: (Seal) Santa Clara County M Comm.El Ins 9a 19,2019 Resolution 35-15 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 35-15 Page 8 • • Ce r�fied as a he copy RESOLUTION 35-15 �Lcs 6yJ C►er ofi i�1eToy°rn of Altos Fli1!3 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Somekh Investments, LLC) WHEREAS, Somekh Investments, LLC ("Owner") owns the property commonly known as 25055 La Loma Drive, 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 21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Cote C. Corrig ayo Resolution 35-15 Pale I 1• • ATTEST: Deborah Padovan, City Clerk Resolution 35-15 Page 2 EXHIBIT"A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF SOMEKH INVESTMENTS,LLC 25055 LA LOMA DRIVE TOWN OF LOS ALTOS HILLS,SANTA CLARA COUNTY,CALIFORNIA APN: 336-30-060 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,BEING A PORTION OF PARCEL ONE AS DESCRIBED IN THAT CERTAIN GRANT DEED FILED FOR RECORD AS DOCUMENT NO. 22035647, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF LA LOMA DRIVE, WITH THE CENTER LINE OF EL MONTE AVENUE, AS SHOWN ON THE MAP OF TRACT NO. 1275, TOYON HILLS ESTATES, AS RECORDED IN BOOK 48 OF MAPS,AT PAGE 56, SANTA CLARA COUNTY RECORDS;THENCE ALONG THE CENTER LINE OF EL MONTE AVENUE AS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 49 OF MAPS,AT PAGE 15, SANTA CLARA COUNTY RECORDS, NORTH 38°46'25" EAST 36.31 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF EL MONTE AVENUE,NORTH 38°46'25"EAST 0.07 FEET TO A '/z INCH IRON PIPE; THENCE LEAVING THE CENTER LINE OF EL MONTE AVENUE NORTH 19°23'25" EAST ALONG THE LANDS OF SAID DEED 149.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF THE LANDS AS DESCRIBED IN SAID DEED THE FOLLOWING FIVE COURSES: 1) NORTH 34°12'35"EAST 46.50 FEET; 2) THENCE SOUTH 56°01'07"EAST 50.60 FEET; 3) THENCE NORTH 33°58'53"EAST 50.20 FEET; 4) THENCE SOUTH 56°01'07"EAST 147.92 FEET; 5) THENCE SOUTH 31°35'12"WEST 80.41 FEET; THENCE LEAVING SAID BOUNDARY NORTH 58024'48"WEST 38.77 FEET;THENCE NORTH 69033'16"WEST 60.00 FEET;THENCE NORTH 56023'59"WEST 105.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15,762 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT`B"AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: -� 04-21-20155 G . MICHAEL J. WALTERS PLS 5528 DATE No. -5528 Exp. : Page 1 of 2 Resolution 35-15 Page 11 LEGEND CID a 0 -...--- — -------- BOUND.ARY LINE q4 •'��`' LANDS OF �7 p HOBART PROPERTY UNE J S56'0107"E OPEN SPACE EASEMENT Q 147 92:"/. Qc? N33'S8'S3"E 50.20' 3. — CENTERLINE QJ Q� OPEN SPACE, �" ; Ln (R) RADIAL BEARING EASEMENT , 1.5 762 SQ. FT.. +j S56"01'07"E. 5t3:60`� N34'12'35"E. 46.50'/ . i� N56..23:l59"_W.05:00' ro: F- o� N 0 w TRUE POINT OF `BECINNiNG ' Z,c=� N69'33'16"W' 60.00' �.N :N58'24'48'':W 38:7T o LANDS OF R SOMEKH ENVESTMENTS, LLC OA7E: OsQ DOC. 220356.47 N.19'23'25"E 149:13'. ¢ ' 2ShF O . O 30 60 120 36 } ` 3yN 8'2448"9 134 32'. - POINT;OF OMMENCEMENT S.CIa►L.;E� �rr� . 60' LA LOMA D-RIYE :60')_ E BIT: ANY LEA & BRAZE ENGINEERING, MiC. PLAT 'TO AC.C:OMP CIVIL. ENGINEERS L.ANti. -URVEYoRS LEGAL DESCRIPTION FOR- i eav AREA,REGION $ACRAM NTO:REGION OPEN: SPACE. :EASEMENT .24951NOUS1RIAL PKWY._Wl:$T 3017 DOUGLAS BLVD;,f,;300, r'� A, n��i tt �t�+ HAYWARD, MF.ORN{A 94545 ROSEVfLLE, CA.956.61:: 25055 Lt!: L0MA 1JRI:1�E (Fi) (bio) 8�7-4086 (Pj si6}966-133s (F}:(51O) a87-3o19.: (F) 916}797-7363 LOS; ,ALTOS HILLS:, CAMF.ORNIA www:LEAL3RAZE.CQM APN: 336-30"1060( JOB #21405701 SHEET 2 OF ,2 DRAWN BY M.J. WALTERS APRIL'2015