HomeMy WebLinkAbout22-14 RESOLUTION 22-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Red Orchid, LLC)
WHEREAS, Red Orchid, LLC ("Owner") owns the property commonly known as 26240 Fremont
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 ("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 ace Open S Easement Agreement contains the appropriate restrictions and
p p �'
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 15th day of May, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 22-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
I
Resolution 22-14 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 a Q?'day of fq cxrc.h , 2014, by and between Red Orchid
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 26240 Fremont 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
Santa Clara, State of California, over the real property described and shown as Exhibit A,
Resolution 22-14 Page 3
(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, lawful permitted pedestrian
bridges and paths subject to approval by the Town of Los Altos Hills, 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 22-14 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: (n GLp , 2014 /
Owner Red Orchid LLC
By: Robert Brock McDonald
Owner
TOWN OF LOS ALTOS HILLS:
Date: f7iw 2014
ayor- John Radford
ATTEST:
City Clerk-Deborah Padovan
Resolution 22-14 Page 5
• •
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On fY)"6ap , 2014, before me,1J�Q44o_ VgSck_1*)eSmet ,Notary
Public,personally appeared 4?.�coc,k fi`f1�b�a,1 Cl , who
proved to me on the basis of satisfactory evidence to be the person(,g)whose name(s)
is/are-subscribed to the within instrument and acknowledged to me that he/sheahe3�
executed the same in his/herAMr authorized capacity(4os), and that by his/kefAher
signature(.}on the instrument the person, 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 is true and correct.
WITNESS my hand and official seal.
NANETTE KASCH DESMET
_ Commission# 1934462
a -�� Notary Public-California z
Z :r,_w.
Signature: (Seal) Z "' Santa Clara County D
My Comm.Expires Apr 30,2015
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On , 2014,before me, ,Notary
Public,personally appeared , 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, 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 is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
Resolution 22-14 Page 6
• �-, •
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On May 16, 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 4 1929787
Seal Z ''� Notary Public-California
Signature: ) Sonoma County
My Comm.Ex fires A r 19.2015
Resolution 22-14 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: May 16, 2014
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 22-14 Page 8
Cer`ufied as a true copy
Cy
RESOLU'T'ION 22-14 au clu,",a Zia Tot",...,
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Red Orchid, LLC)
WHEREAS, Red Orchid, LLC ("Owner") owns the property commonly known as 26210 Fremont
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 ("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 15th day of May, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 22-14 Page 9
Resolution 22-14 Paee I
ATTEST:
Deborah Padovan, City Clerk
Resolution 22-14 Page 10
Resolution 22-14 Pace 2
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
Resolution 22-14 Page i l
EXHIBIT "A"
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
LANDS OF RED ORCHID, LLC
26240 FREMONT ROAD, TOWN OF LOS ALTOS HILLS, CA
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF RED ORCHID LLC, AS
SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED ON MAY 23,2013 IN BOOK 861 OF MAPS,AT
PAGE 49, SANTA CLARA COUNTY RECORDS, AS SHOWN ON EXHIBIT "B" MADE A PART HEREOF,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4" IRON PIPE AND TAG "RCE 7595"LOCATED AT THE MOST SOUTHEASTERLY
CORNER OF SAID LANDS OF RED ORCHID LLC, AS SHOWN ON SAID RECORD OF SURVEY; THENCE
ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY NORTH 87010'00"WEST, A DISTANCE
OF 25.49 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 02054'39"EAST,A DISTANCE OF 20.59 FEET;
THENCE NORTH 05°46'07"EAST,A DISTANCE OF 33.22 FEET;
THENCE NORTH 00039'33"EAST,A DISTANCE OF 26.04 FEET;
THENCE NORTH 00010'40"EAST,A DISTANCE OF 32.53 FEET;
THENCE NORTH 13°06'02"EAST,A DISTANCE OF 10.67 FEET;
THENCE NORTH 01°10'40"WEST,A DISTANCE OF 22.49 FEET;
THENCE NORTH 000 19'09"EAST,A DISTANCE OF 26.29 FEET;
THENCE NORTH 09009'06"EAST,A DISTANCE OF 21.97 FEET;
THENCE NORTH 03027'28"EAST,A DISTANCE OF 44.44 FEET;
THENCE NORTH 03032'07"EAST,A DISTANCE OF 24.46 FEET;
THENCE NORTH 02005'54"EAST,A DISTANCE OF 20.53 FEET;
THENCE NORTH 01°04'50"EAST,A DISTANCE OF 18.01 FEET;
THENCE NORTH 00040'35"WEST,A DISTANCE OF 22.28 FEET;
THENCE NORTH 05058'14"WEST,A DISTANCE OF 26.64 FEET;
THENCE NORTH 04°21'44"WEST,A DISTANCE OF 17.13 FEET;
Resolution 22-14 Page 12
Page 1 of 3
• •
THENCE NORTH 09°08'31"WEST,A DISTANCE OF 12.99 FEET;
THENCE NORTH 10054'00"WEST,A DISTANCE OF 18.62 FEET;
THENCE NORTH 06056'42"WEST,A DISTANCE OF 39.07 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF FREMONT ROAD(WIDTH VARIES)AS SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 87010'00" EAST, A DISTANCE OF
46.03 FEET TO THE EASTERLY LINE OF SAID RECORD OF SURVEY;
THENCE ALONG SAID EASTERLY LINE SOUTH 02050'00" WEST, A DISTANCE OF 435.60 FEET TO
THE POINT OF BEGINNING.
CONTAINING 0.27 ACRES,MORE OR LESS.
THE BEARING OF SOUTH 87010'00" EAST BETWEEN FOUND MONUMENTS IN THE CENTERLINE OF
FREMONT ROAD AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 861 OF MAPS
AT PAGE 49, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS
SURVEY.
END OF DESCRIPTION
PREPARED BY OR UNDER
THE SUPERVISION OF:
HAL
If c
0
JEFFREY C. LEA,PLS 4588 DATE _ ---- - 'NO 4588 D
Exp.9-30-14
9 P
CALIFO��l
rP
Resolution 22-14 Page 13
Page 2 of 3
FOUND 3/4" IRON PIPE
WOOD PLUG LUG & TAG LOT 3FOUND 3/4" IRON PIPE CONCEPCION ROAD
WOOD PLUG & TAG "RCE 41 FOUND MAG
"RCE 7595" S58'55'52"W 194 MAPS 15 " " LOT 2 O NAIL AND
0.23' FROM CORNER " 7595 S58'55 52 W 994 MAPS 15 �,
NO2'50 00 E 455.60 0.23 FROM CORNER - r0 BRASS TAG
• • •• "LS 7623"
! i LINE TABLE LINE TABLE 1
LINE LENGTH BEARING TO LINE LENGTH BEARING 20' RIGHT OF
L1 20.59' N0254'39"E = I � L11 ' 20.53' NO2'05'54"E WA E 49)
a L2 33.22' N05'46'07"E 0 L12 18.01' N01'04'50"E -
Q L3 Ll 3
. .
g ^ L4 32.53' N00*10'40"E 0 �00 @� L14 26.64' N05'58'14"W � n
L5 10.67' N13'06'02"E ca9 L15 17.13' N04'21'44"W z00
-'0 L6 22.49' N01'1 0'40"W no I I D I L16 12.99' N09'08'31"W I rn
NUJ Lwl �r
L726.29' N0019'09"E 6 P gg P L17 18.62' N10'54'00"111 W •
a n L8 21.97' N09'09'06"E N� 2 � L18 39.07' N06'56'42"W m
CL 3 L9 44.44' NO3'27'28"E O a a L19 46.03' S87'1O'00"E Pk o
z z0�.o L10 24.46' NO3'32'07"E Q a a L20 25.49' N87'10'00"W o�
W I
I rn
LO RECORDOF SURVEY r,a
m OPEN SPACE EASEMENT
duZ FOUND 3/4" IRON 859 MAPS 149�
U- 00
M
12'076* SQXT I PIPE W/PLASTIC CAP L18
�" 0.27* ACRES "LS 7623" X11 O
L1 L2 L3 L4 L5 L6 L7 L8 L L10 L11 L12 L13 X14 L15`16 FOUND MAG
N CN 77,
/%% J NAIL AND
N • •! BRASS TAG
" S02'50'00 W' 455.60' LS 7623
0 30 60 120 I
�gEYc PARCEL 0 ��� � � BASIS OF BEARINGS
6ie!sim"••; 3700 MAPS 32 I THE BEARING OF S87'10'00"E
No. 4588BETWEEN FOUND MONUMENTS IN THE
SCALE, 1" 60 LEGEND CENTERLINE OF FREMONT ROAD AS
0-14 SHOWN ON THAT CERTAIN RECORD
0 FOUND MONUMENT (861 RS 49) OF SURVEY FILED IN BOOK 861 OF
.
———— EASEMENT DEDICATION BOUNDARY MAPS AT PAGE 49, SANTA CLARA
PROPERTY LINE COUNTY RECORDS, WAS USED AS
`•�} �~'�� THE BASIS OF BEARINGS FOR THIS
EASEMENT LINE SURVEY
Ek& BIEE ENGUIEERINC, INC. EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
CIVIL ENGINEERS LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT
2495 INDUSTRIAL BAY AREA PKWY WEST 3017RDOUGLAS BLVAMENTO D 1300 LANDS OF RED ORCHID LLC
HAYWARD. CALIFORNIA 94545 ROSEVILLE. CA 95661
(P) (510) 887-4086 (P) (916)966-1338 26240 FREMONT RD, TOWN OF LOS ALTOS HILLS, CA
(F) (510) 887-3019 (F) (916)797-7363
WWW.LEABRAZE.COM APN: 175-35-002 & 014 PAGE 3 OF 3 JOB #2130020
DRAWN BY. M.HILL APRIL 2014