HomeMy WebLinkAbout51-16 RESOLUTION 51-16
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Banatao)
WHEREAS, Diosdado Banatao, Maria C. Banatao, and The Diosdado Rey Banatao 2003 Trust
("Owner") own the property commonly known as 26810 Ortega 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 ("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 passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 18th day of August, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 51-16 Page 1
BY:
Harpooltlian, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 51-16 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 Iq day of July, 2016, by and between Diosdado Banatao and Maria C.
Banatao/The Diosdado Rey Banatao 2003 Trust/Banatao Living Trust, ("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 26810 Ortega Drive, Los Altos Hills, California (Assessor's Parcel
Number 175-33-022).
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 51-16 Page 3
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 (excluding solar panels), paths
dedicated to the Town, approved drainage installations, sanitary sewer installations or an
approved septic system, 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
e. 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 51-16 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: July 2016 (
Diosdado Banatao, Trustee
The Diosdado Rey Banatao 2003 Trust/
Banatao Living Trust
aria C. Banatao, rustee
The Diosdado Re Banatao 2003 Trust/
Banatao Living Trust
TO. OF LOS ALTOS HILLS:
Date: &q Q,& �� , 2016
or John Harpootlian
ATTEST:
ity Clerk-Deborah Padovan
Resolution 51-16 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, arid. not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF Sonom Ck
OnJ ICC , 2016, before me, , Notary Public,
personally appeared Dios. aJa P Banc%%mo Mnv r, C 13a,naA.,o , who proved to me
on the basis of satisfactory evidence to be the Person(s) whose name(s),Ware subscribed to the
within instrument and acknowledged to me that V/shl--/they executed the same in V/heli/their
authorized capacity(ies), and that by l0lAr/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
ERIC TORREZ
= �ry• Commission #2031272
Z Notary Public-California z
Z "' Sonoma County D
My Comm.Expires Jun 27,2017
Resolution 51-16 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 August 19, 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 persorika-'whose
named is/ar--, subscribed to the within instrument and acknowledged to me that hefs�
executed the same in his,, i--- authorized capacityXi�, and that by his/fir signatures--
on the instrument the person, or the entity upon behalf of which the persorl(Wacted, 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 r
Signature: Seal Commission#►2104366
(Seal) p xo
Notary Public-California
Santa Clara County
M Comm.ExPlrea ggr 19.2019
Resolution 51-16 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: August 19, 2016
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 51-16 Page 8
Certified as a true copy
RESOLUTION 51-16
By
RESOLUTION OF THE CITY COUNCIL OF THE City Clerk of the own-Of Los Altos Hills
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Banatao)
WHEREAS, Diosdado Banatao, Maria C. Banatao, and The Diosdado Rey Banatao 2003 Trust
("Owner") own the property commonly known as 26810 Ortega 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 ("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 passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 181h day of August, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 51-16 Page 9
Resolution 51-16 Page l
BY:
HMayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 51-16 Page 10
Resolution 51-16 Page 2
EXHIBIT"A"
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF BANATAO
26810 ORTEGA DRIVE
TOWN OF LOS ALTOS HILLS, CA
AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 12, BLOCK B OF
THAT CERTAIN MAP OF TRACT NO. 1848 FILED FOR RECORD ON JANUARY 16, 1957 IN BOOK 76 OF
MAPS PAGES 12-14, RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE ABOVE MENTIONED LOT 12; THENCE
ALONG THE SOUTHWESTERLY LINE OF SAID LOT 12 NORTH 52041'00"WEST 210.00 FEET TO THE
WESTERLY CORNER OF SAID LOT 12;THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 12
NORTH 32025'21"EAST 30.11 FEET; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID LOT
12 SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 30.00 FEET NORTHEASTERLY, RIGHT
ANGLE MEASURE, FROM THE SOUTHWESTERLY LINE OF SAID LOT 12, SOUTH 52041'00" EAST
215.03 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID
SOUTHEASTERLY LINE SOUTH 42000100"WEST 30.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,375 SQUARE FEET,MORE OR LESS.
THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART_
HEREOF.
END OF DESCRIPTION
PREPARED BY OR UNDER
THESUP VISION OF:
JUNE 29,2016
MICHAEL J. LTERS PLS 5528 DATE 1 AN® q,
40
LP
NO. LS 5528
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G:\Correspondence\2015 JOBS\2150739 SU\LEGALS\2150739-Open Space Esmt.doc PAGE I OF 2
Resolution 5 1-16 Page 1 I
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LEGEND S42'00'00"W 30.10' , ��
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BOUNDARY LINE — —
PROPERTY LINE
EXISTING EASEMENT LINE
OPEN SPACE EASEMENT LINE -——————
ZLL 4---5-
EXHIBIT "B"
AL LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL
CIVIL ENGINEERS LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT
BAY AREA REGION SACRAMENTO REGION LANDS OF BANATAO
2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 300 26810 ORTEGA DRIVE
HAYWARD, CALIFORNIA 94545 ROSEVILlE, CA 956611
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 (F) (916)797-7363 TOWN OF LOS ALTOS HILLS, CALIFORNIA
WWW.LEABRAZE.COM APN: 175-33-022 PAGE 2 OF 2
JOB #2151352CI 2150739SU DRAWN BY: M.J. WALTERS JUNE 2016