HomeMy WebLinkAbout13-16 RESOLUTION 13-16
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Lemes)
WHEREAS, Karen and John Lemes ("Owner") owns the property commonly known as, 27271
Moody 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 18th day of February, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
Resolution 13-16 Page 1
BY: "
Jo Harpootlian, Mayor
ATTEST:.
,
Deborah Padovari, City Clerk
Resolution 13-16 Page 2
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Goveinment 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 6 V."day of glib rt4-4+. , 2016, by and between Karen and John
Lemes ("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 27271 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, TI-EREFORE, 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 13-16 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
thanan 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
thepurposes 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 13-16 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:
Yt, -
Date: ,, 25-, 2016
(� 0 y-r—JohnLemes
Date:k, ,2016
vngr.-Karen Les.-s
TO OF LOS ALTOS HILLS:
Date: February 22 ,2016
M y z-John Harpootlian
ATTEST:
City Clerk-Deborah Padovan
Resolution 13-16 • 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 54'4;4 (I'm'?- )
On NN U A 12/ o2 S , 2016, before me, JYt//6//T Xi/TT/1 E64Z, Notary
Public, personally appeared Jif 1 i Le.m r 5 J 71C.09 2 E M L cin S , who.
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed tothe withininstrument 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. DWIGHT MA#72HEW:0230 Commission 071
cc
Y Public - Califoia Z
Santa Clara County Z
Signature: (Seal) M Com.Ex fires Au 88
Resolution 13-16 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 February 22, 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 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.
,..� DEBORAH L. PADOVAN
4Commission#2104366
4 ity Notary Public-California
_.t" ' MComn
Santa Clara County
Signature: sn(Seal) .Exeres Az 19_2O19c
Resolution 13-16 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: February 22, 2016
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 13-16 Page 8
Certified as a ire ccpy
RESOLUTION 13-16 �
:
U:�{.,.i�V!IAV {i„Lii C!:.... ... .,
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Lemes)
WHEREAS, Karen and John Lemes ("Owner") owns the property commonly known as, 27271
Moody 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 18th day of February, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
•
Resolution 13-16 Page 9
Resolution 13-16 Page 1
•
BY:
\ ,,
Ha>pootlian, Mayor
ATTEST: �l
/ .• ,
Deborah Padovan, City Clerk
Resolution 13-16Pa e)20
Resolution 13-16 be
EXHIBIT "A"
•
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT-LANDS OF LEMES
27271 MOODY ROAD,LOS ALTOS HILLS;CA
ALL THAT REAL.PROPERTY located in the Town of Los Altos Hills, Santa Clara County,
California,being a portion of Parcel C as shown on*Parcel Map recorded:December 14,2015
in Book 889 of Maps at Pages 12-13, Official Records of Santa Clara County: The open space
easement is described as follows:
BEGINNING at the most westerly corner Of Parcel C,said corner also being the southwest
corner of Parcel B, as shown on said Parcel Map;.thence along the common line of Parcel B and
Parcel C, S88°35'31"E 160.12 feet;
Thence leaving said common line,;S65°55'08"W 145.41 feet to a point on the westerly line of
Parcel C;
Thence, along said westerly line,N23°21'24"W 68.91 feet to.the POINT OF BEGINNING.
Containing 5,010 square feet more or less.
Prepared by me, or under my supervision:
LAND
S 1W�
a
L .12-31-16 (� Frank Rosenblum,PLS 6395
No. 6395 Exp. 12/31/16
oF. CAL�E� Date
SHEET 1 OF 2
Resolution 13-16 Page 11
GRAPHIC SCALE
60 30 60
i■
. \� ( IN FEET )
i
\\\
� PROPOSED 60' ROW
1534 4>, \`` PER 572 M 10 & 22662239
X190) BONwICK
i .
�` •.. = �� 182-30-044
\��. `��_ —560'12 59 E 13.8!_ ^..
I
ISCA ASSETS 15, LLC N-1
:--lip 182-3(1=045a,
.-, 889 M 12-13 �`� r
Z. . PARCEL B BRAUNS 182-30-008. ,..0),
;t
889 M 12-13 .PARCEL A
. S57'36'06"E — i 77.1 S
. . . . . . . . . ., . . . . . . . . ._ :383;. . . . . . . . . ...........68' - • '`�70. •
,, . .• ....................,............. ...."
3 F'
..,... .,.....
-/ St'
's 00. : ..: ::OPEN:SPACE;:EASEMENT: ' liv.o``- s
.:-R� 1SOA-.ASSETS:.15,::LLC::t:$.2-:30=045: .:�h ''
Z•:•:•:-..• _•AREA�51-,883x.•SQ;:;FT.•- '
:.l
. 5�-� ,� LEMES.
',.; 5� 182-30-025:
./ - -.::::::::-*.::::::::::::::::::::::;:•:•::•:::::::::::::•::::::::::::::::..:: '� 889 M. 12-13
PARCEL C
I ti23 `36, OPEt>1.:SPACE•EASEMENT.:::-••:::: ,�:::: ‹D • sli
p 2y- LEM ES::182-30=-025.,;3] ': 4?. g,. ROS �'G
c / F
�,24�T� :. b o1\ :-::"o-:_::( �' 412-31-16 2
�•0�jj� 7 ;97$9f
-:: :. ca . Qom, ;
POINT OF BEGINNING -2.5..., --..
CA
'• ISCA ASSETS 15, LLC & LEMES if, /
EXHIBIT ."A" Date: JAN. 8, 2016
r - "' U N DE,RWO OD & NEW OPEN SPACE Scale 1•=60'
�- ROSE E PI U LU C. EASEMENT DEDICATION EXHIBIT Dwn by: CR
•
w'" .$ civil engineers and surveyors 27640 SHERLOCK RD. & Checked: FR
1 1630 Oakland Road Ste.A114 San Jose,Ca. 95131 27271 MOODY RD. Job No. J14100
= Td.No.008)453 1222 wmuandr.cam
LOS ALTOS HILLS CALIFORNIA Sheet 2 of 2
'eso inion - Page 12