HomeMy WebLinkAbout70-16 RESOLUTION 70-16
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF DILIGENT OPERATIONS LIMITED,LLC)
WHEREAS,Marc Chan,Diligent Operations Limited,LLC("Owner")owns the property commonly
known as 12930 La Cresta Drive (APN 175-44-046), 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 regular meeting held on the 20th day of October, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
BY:
J, n Harpootlian, Mayor
Resolution 70-16 Page 1
ATTEST:
Deborah Padovart, City Clerk
Resolution 70-16 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 1st day of May, 2015,by and between DILIGENT OPERATIONS, 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 12930 La Cresta Drive, Los Altos Hills, California(Assessor Parcel
Number 175-44-046)
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 70-16 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 70-16 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: b ��J� , 2016
Marc Ch
Diligent O rations, LLC
TOWN F LOS ALTOS HILLS:
Date: ('i elf ��, 2016
�1`
John liarpootlian
ATTEST:
City Clerk Deborah Padovan
Resolution 70-16 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 Arlin 061 ro�_ )
On q l I(l0 before me, S&'o ClAer to L, r4orf./,
Date r Here Insert Name and Title of the Officer
personally appeared Mac Chor)
Name of Signer
who proved to me on the basis of satisfactory evidence to bet per whose names is a/e
subscribed to the within instrument and acknowledged to me that"h /sYn
e/tVey executed the same in
isU
r/t�eir authorized capacity(i6s),and that ygi /V� r/their signatur s) tfie instrument the person(,
or 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.
JESSICA GUTIERREZ WITNESS nd and offi seal.
Commission #2144233
a °•�. Notary Public-California y
Z ` Santa Clara County ; Signatu
My Comm.Expires Feb 26,2020
ignature of Notary Pub 'c
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 Document
Title or Type of Document: t-eewfa(W� T ilgmm(-
Document Date: q (allu Number of Pages: (7)
Signer(s) Other Than Named Above: ij�t
Capacity(ies) Claimed by Signer(s)
Signer's Name: M0 , _V10 V) Signer's Name:
❑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: Signer Is Representing:
02015 National Notary Association •www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Resolution 70-16 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 October 24, 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(<whose
name,(Ty is/ar, subscribed to the within instrument and acknowledged to me that hek4ag4tLey
executed the same in hisAw4th,*ir authorized capacity(*, and that by his4terhht-t 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. OE9AMH L.t�AoovAN
Commission 0 2104366
Notary Public-California
Santa Clara County
• irn 19 2019
Signature: (Seal)
Resolution 70-16 Page 7
Certified as a true copy
RESOLUTION 70-16
By
City Clerk of the:Towrfi of Los Altos Hilis
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT --
(LANDS OF DILIGENT OPERATIONS LIMITED, LLC)
WHEREAS,Marc Chan,Diligent Operations Limited,LLC("Owner")owns the property commonly
known as 12930 La Cresta Drive (APN 175-44-046), 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 regular meeting held on the 20th day of October, 2016 by the following vote:
AYES: Harpoothan, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSTAIN: None
ABSENT: None
BY: ,
Jo n Harpootlian, Mayor
Resolution 70-16 Page 8
Resolution 70-16 Page I
ATTEST:
Deborah Padovan, City Clerk
Resolution 70-16 Page 9
Resolution 70-16 Page 2
NL LAS p
EXHIBIT "A" <�
7018
Legal Description of
Open Space EasementlF O
Lands of Diligent Operations Limited, LLC
Los Altos Hills, California
An easement over that certain real property in the City of the Town of Los Altos Hills,
County of Santa Clara, State of California, described as follows:
BEGINNING at the most easterly corner of Lot 9, in Block M, as shown upon that certain
map entitled "Tract No. 2062, Fremont Hills, Unit No 5", which was filed for record on July
8, 1959, in Book 108 of Maps, at Pages 27 - 29, in Santa Clara County Records, State of
California, said point also being on the southwesterly right of way line of Alejandro Drive,
as shown upon said map;
Thence, along a radial line, and along the southeasterly boundary of said Lot 9, South
28001'30" West, 136.36 feet;
Thence, leaving said southeasterly boundary, North 49°58'22" West, 12.48 feet;
Thence, North 65022'09" West, 6.06 feet;
Thence, North 43021'23" West, 6.03 feet;
Thence, North 34039'15" West, 4.94 feet;
Thence, North 43028'33" West, 15.87 feet;
Thence, North 4804722" West, 14.97 feet;
Thence, North 3605223" West, 15.72 feet;
Thence, North 43031'42" West, 4.60 feet;
Thence, North 3004722" West, 10.31 feet;
Thence, North 36004'36" West, 31.65 feet;
Thence, North 25°24'44" West, 14.46 feet;
Thence, North 34048'45" West, 12.75 feet;
Sheet 1 of 2 Sheets
Resolution 70-16 Page 10
Sheet 2 of 2 Sheets
Open Space Easement
Thence, North 48°13'03" West, 13.52 feet;
Thence, North 23°35'11" West, 11.34 feet;
Thence, North 29033'28" West, 7.20 feet;
Thence, North 21022'35" West, 8.33 feet, to a point on the northwesterly boundary of said
Lot 9;
Thence, along said northwesterly boundary, North 58°34'11" East, 106.98 feet,to the most
northerly corner of said Lot 9, said point being on said southwesterly Right of Way line of
Alejandro Drive, as shown upon said Tract Map No. 2062, being also a point on a curve,
concave to the northeast, having a radius of 230.00 feet, and a radial bearing of South
58°34'11" West;
Thence, southeasterly along the northeasterly boundary of said Lot 9 and along the last
mentioned curve, through a central angle of 30032'41", an arc distance of 122.61 feet, to
the POINT OF BEGINNING.
Containing an area of 18,446 square feet, (0.42 Acres), more or less.
END OF DESCRIPTION.
Attached to this legal description is a plat entitled Exhibit "B" showing this Open Space
Easement, which is made a part hereof.
Basis of Bearings:
The bearing North 07030'00" East, along the centerline of La Cresta Drive, was used as
the basis of bearings for this legal description, as shown upon that certain map entitled
"Tract No. 2062, Fremont Hills, Unit No 5", which was filed for record on July 8, 1959, in
Book 108 of Maps, at Pages 27 - 29, in Santa Clara County Records, State of California.
Resolution 70-16 Page 11
BASIS OF BEARINGS: \
THE BEARING NORTH 730'00" EAST, ALONG THE \
CENTERLINE OF LA CRESTA DRIVE, WAS USED AS THE \ '9 \
\ BASIS OF BEARINGS FOR THIS PLAT, AS SHOWN UPON \ <
\ THAT CERTAIN MAP ENTITLED "TRACT NO. 2062, t/\ (7)
FREMONT HILLS, UNIT NO. 5" WHICH WAS FILED FOR SCALE:=1"=50'
RECORD ON JULY 8, 1959, IN BOOK 108 OF MAPS, AT
PAGES 27-29, IN SANTA CLARA COUNTY RECORDS, 0 Q
STATE OF CALIFORNIA. % v
� 1
a5g� 15 sem,
14 /
13 / 'OPEN SPACE EASEMENT j \
12AREA=18,446E S.F. (0.42± AC)/
1 11 j
POINT OF
BEGINNING
? 10 "0 ry�O
,/
1 V+ 7 LINE DATA
7 30' 30 Q6 -� NO. DIRECTION LENGTH
i 5 4' / 1 N4958'22"W 12.48'
.1, 2�
® of LANDS OF DILIGENT OPERATIONS �j" . 2 N6522'09"W 6. 6'
3 N4321'23"W 6.03'
LIMITED, LLC 3 4 N34.39'15"W 4.94'
APN 175-44-046 6 N4847'22 "w5
1 .87
7 N36 5223"W 15.72'
LOT 9 �� 8 N43'31'42"W 4.60'
co O� 9 N30'47 22"W 10.31
I N36'04'J6"W 31.65'
X11 rn BLOCK M ��� /�� 1I N25 2444"W 14.46'
TRACT 2062 ' � 12 N34'445 W11' " 12.75
13 N48'13 03"W 13.52
14 N2335'11"W 11.34'
Q 15 N29 33'28'W 7.20'
j 16 N212235"W 1 8.33
LAND SD
m
o o APN 175-44-045 *
NO L07
o s� �
P� 4F CALt'-�4
EXHIBIT "B"
r ` Giuliani & Kull,Inc. SCALE: 1"=50' PLAT TO ACCOMPANY
DATE: 8/4/16 LEGAL DESCRIPTION
DRAWN: E.T. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San ,lose, CA. 95129 CHECKED: M.H.' 12930 LA CRESTA DRIVE
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 15192
Auburn 0 San Jose 0 Oakdale SHEETS: 2 OF 2 LOS ALTOS HILLS, CALIFORNIA
Fi\2015\15192\dwg\15192p[at.dwg 8/2/2016 2,50,53 PM msolution Page 12