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HomeMy WebLinkAbout33-07 • • RESOLUTION NO. 3 3-0 7 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Arakawa.) WHEREAS,Kiyoto and Jeanette Arakawa. ("Owner") owns the property commonly known as 26889 Nina Place, 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. PASSED AND ADOPTED this ( 414cray of__.,�._„ , $07 4 BY: -- Mayor ATTEST: , City Cler 411111 • • Attachment A Open Space Easement Agreement Attachment A to Resolution 33-07 f'. P DOCUMENT: 19698995 Pages: 8 This Document Is Recorded Fees. . . . No Fees For the Benefit of theIIIIII1111111 Town of Los Altos Hills Taxes. . . And is Exempt from Fee Copies. . Per Government Code AMT PAI D Sections 6103 and 27383 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER RDE # 006 When Recorded,Mail to: 12/31/2007 Recorded at the request of 12:04 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for • .en Space Easement ("Agreement") is made and entered into this /5day of ter« , 2007, by and between Kiyoto & Jeanette Arakawa, ("Owner") aneg 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 26889 Nina Place,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, (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 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, 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. •' • 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: �/eP/ _ , 2007 // Ki o:iArakawa Date: 01/4i , 2007 .• �, ette Arakawa OWN OF LOS ALTOS HILLS: Date: _ 6/ " , 2007 ` , u a or ATTEST: / City Cler • •1 Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description • •) STATE OF CALIFORNIA ) ) ss: COUNTY OF Sc1nt Coq rc ) r1 5 ct noI. � , t On ` / , 2007,before me, ` 'S?°It 117 m;1'p nally appeared 1\41 6 ¢I how 1q'-a , :- --: - . . .-: .. - : -- - :r proved to me on the basis of satisfactory evidence) to be the person( j whose names itra z ubscribed to the within instrument and acknowledged to me tha he sfie/ y executed the same in5111litritlack authorized capacity(e , and that by it signature(s) on the instrument the person(s), or the entity upon behalf of whit the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature � y ;�,i,. CHRISTINE JOY MALLARI DUE� _r.7, ! Commission# 1624004 l ', S j� Notary Public-California s- .4,, San Mateo County ",."' My Comm.Expires Nov 22,200 STATE OF CALIFORNIA ) ) ss: _ COUNTY OF S')t C( i- ) ChriAn2, Tv,/ m itAr i Ong X11, On-0 Sr/I g , 2007,before me, otnahry P 6Lc (, , personally appeared a a"e "6i -(t'K111 p (or proved to me on the basis of satisfactory evidence)to be the person'($ whose name Ste = ubscribed to the within instrument and acknowledged to me thathe/ he xecuted the same insir authorized capacity(i s), and that by hid i Crlill signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. WITNESS my hand and official seal. !'� Signature 4411IW ._ „�,.., CHRISTINE JOY MALLARI DUENAS y� E Commission# 1624004 Notary Public-California ‘,..v.4,,, San Mateo County r ,n- CommMy CExpires Nov 22,2009 . .1 May 2 , 2007 LEGAL DESCRIPTION OF OPEN SPACE EASEMENT 26889 Nina Place, Los Altos Hills A portion of Lot 25 as shown on that certain map entitled, "Tract No. 2062, Fremont Hills Unit No. 5, filed July 8, 1959 in Book 108 of Maps at Pages 27 - 29, Official Records of Santa Clara County, the boundaries of said easement being described as follows: BEGINNING at the most northerly corner of said Lot 25; THENCE along the northeasterly boundary of said Lot 25 South 40°30100" East 174 . 52 feet; THENCE leaving last said line South 84°41' 17" West 140. 00 feet; THENCE South 64°41' 17" West 65. 00 feet; THENCE North 78°18 ' 43" West 25.28 feet to the common line of Lots 25 and 26 as shown on said map; THENCE along last said line North 33°03 ' 32" East 200.86 feet to the POINT OF BEGINNING. CONTAINING 0. 373 acres more or less. 4q 4V Civ S 03, 0co a Lu -; No. 14030 �� ' * EXP. 3 :3l- .. 6/ Jt'!,4 Y 2, 2,✓7 1 • * • S 40°30'00" E 205.00' S 49030•p0" E 63. 0' 174.52' 4 / / �'�"' / *v4g o°/ 09 0. GW aS ,ti.A.:2S O O tej Qr o03.03 CQ / 4r) 1 'NCNN's . / . \ o / o o 'eVco • ir/ 3 f Zl o m' LANDS OF ARAKAWA m Z ��` h • .wow �y�$0e� N 4 LOT 25 LST 24 vii LOT 26 1 TRACT 2062 c • R=180.00' • A =18°53'39" 34.78' L=59.38' • N 40°45'00" w NINA PLACE QcofESSIO,,,, No. 14030 v. ; OPEN SPACE EASEMENT EXP..3-J-L�� . -, 26889 NINA PLACE i CiVil.. - LOS ALTOS HILLS, CA . I ' ' • ,04 Y 2, 2aa 7 SCALE:J= RESOLUTION NO. 33-07 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Arakawa.) WHEREAS,Kiyoto and Jeanette Arakawa. ("Owner") owns the property commonly known as 26889 Nina Place, 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. PASSED AND ADOPTED this ' ay of_:y.�. $07 4 BY: et Mayor ATTEST: City Cler.