HomeMy WebLinkAbout07-16 RESOLUTION 07-16
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF HANABE)
WHEREAS, SRINIVAS S. HANABE AND VIDYA HANABE ("Owner") own the property
commonly known as 26691 Moody Road (APN 182-30-048), 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 special meeting held on the 27th day of January, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
Resolution 07-16 Page 1
BY:
Harpootlian, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 07-16 Page 2
Attachment A
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 I day of January, 2016, by and between SRINIVAS S. HANABE
AND VIDYA HANABE,("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 26691 Moody 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:
Resolution 07-16 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 or approved drainage installations, 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
C. 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 07-16 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: 0 52016
Sriivas S. Hanabe
- --:>
Vi ya anabe
TOWN OF LOS ALTOS HILLS:
Date: 0/ a ' 2016 �
yor- John Harpootlian
ATTEST:
City Clerk- Deborah Padovan
Resolution 07-16 Page 5
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 January 28, 2016, before me, Deborah L. Padovan, Notary Public, personally appeared John
Harpootlian, who proved to me on the basis of satisfactory evidence to be the personts),whose
nameX is/tom subscribed to the within instrument and acknowledged to me that he/she/ }
executed the same in hisRerhheir authorized capacity(ies�, and that by hisAterftheir signaturets}
on the instrument the person, or the entity upon behalf of which the personT*.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. OESOW L.PAOOVAN
Commission•2104366
.� Notary Public•California
Santa Clara County
MY Comm.ExpWas Apr 19 2019
Signature: (Seal)
Resolution 07-16 Page 6
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.
eborah Padovan, City Clerk
Date: January 28, 2016
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 07-16 Page 7
RESOLUTION 07-16 t:.,'C ; ul'.s Tao:,;Gi LuS s<«s
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF HANABE)
WHEREAS, SRINIVAS S. HANABE AND VIDYA HANABE ("Owner") own the property
commonly known as 26691 Moody Road (APN 182-30-048), 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 special meeting held on the 27th day of January, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
Resolution 07-16 Page 8
Resolution 07-16 Page t
BY:
2fn Harpootlian, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 07-16 Page 9
Resolution 07-16 Page 2
December 21, 2015
EXHIBIT"All
LEGAL DESCRIPTION—OPEN SPACE EASEMENT
LANDS OF HANABE
26691 MOODY ROAD,LOS ALTOS HILLS,CA
All that real property situate in the Town of Los Altos Hills, Santa Clara County, State of
California and being a portion of the lands described in that certain Grant Deed filed for record
May 10, 2007 in Document No. 19424570, Santa Clara County Records, being more particularly
described as follows:
Commencing at a point on the northerly line of said lands, as described in said document, being
the Westerly terminus of the course labeled"North 82'50' East, 113.21 feet" in said document;
Thence along said northerly line,North 82050100"East,42.66 feet to the TRUE POINT OF
BEGINNING of this description;
Thence continuing along said northerly line,and along the perimeter of said lands,as described in
said document,the following six(6)courses:
1. North 82'50'00"East, 70.55 feet;
2. South 46'52'24"East,26.00 feet;
3. South 46'52'24"East,488.23 feet;
4. North 53'54'34"West,430.00 feet;
5. South 06°16'51"East,2.67 feet;
6. South 79°19'49"East,38.96 feet;
Thence leaving said perimeter,North 16°51'56" West, 56.82 feet;
Thence North 27'32'24" West, 11.95 feet to the beginning of a tangent curve to the left;
Thence along said curve, with a radius of 70.00 feet,through a central angle of 33'00'00"and an
arc length of 40.32 feet;
Thence North 60'32'24"West, 11.69 feet to the TRUE POINT OF BEGINNING.
Containing an area of 18,281 square feet or 0.42 acres,more or less.
A plat,entitled Exhibit"B", showing the above-described parcel is attached hereto and made a
part hereof.
This description was prepared by me or under my direction in conformance with requirements of
the Professional Land Surveyors' Act.
LANG D
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No. 8289
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END OF DESCRIPTION
ResolufioSiWel d of 2 Page 10
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COMMENCEMENT q �
TRUE POINT Q
3 OF BEGINNING ®� OOH
o N82.50'00"E
0 113.21' `rAb,• �q O
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♦ No. 8289
♦ s
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[DOC NO.9 942W700 \\♦` �o\ ♦A�s�.
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SCALE: 1"=50' EXHIBIT 'B' ` SAVIOR MICALLEF LAND SURVEYING
DATE: 12/21/2015 PLAT TO ACCOMPANY LEGAL DESCRIPTION OF 421 WILDWOOD DRIVE
OPEN SPACE EASEMENT — LANDS OF HANABE SOUTH SAN FRANCISCO, CA 94080
PAGE 2 OF 2 26691 MOODY RO/r&"F6qA&TV§ HILLS, CA 94022 (805)709-2423 Page 1I
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 L )
County of iS c�r'1 I c�. ��� (S C4.
) J t (^
On < 1 , L� before me, (SA-2a n� )`kola, It D�� I`�n ubl i C ,
Date Here InsertName and Title of the10fficer� l
personally appeared s r ( n i V a,S fl c;n _'^�e- K-t 6 VC(! Vc1 `C-i l
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are
subscribed to the within instrument and acknowledged to me that heis#e/they executed the same in
mer/their authorized capacity(ies), and that by r/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
SU?ANNE AVII A , is true and correct.
Cornndssion#►1972243 WITNESS my hand and official seal.
Notary Public-CaliforniaSoft Clara County
-)/� �,�
CommMY res Mar 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 Docl-u�ment A�r`����C-fl1 - �r
Title or Type of Document: V�i1 IJ' 8( 4 -E8!'�0%C0 kocumen Date: �� . 7 , WAG
Number of Pages: _ Signer(s) Ot er Than Named Above: cjo�n -far m+ &n
Capacity(les) Claimed by Signer(s)
Signer's Name: Srl n kVQU S Signer's Name: V I'd
❑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: SP 1 Signer Is Representing:
02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
Resolution 07-16 Page 12