HomeMy WebLinkAbout72-16 RESOLUTION 72-16
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF ADL 5 LLC)
WHEREAS,Navneet Aron, ADL 5 LLC ("Owner") owns the property commonly known as 10880
Magdalena Road (APN 336-35-008), 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:
n Harpootlian, Mayor
Resolution 72-16 Page 1
ATTEST:
.
Deborah Padovan, City Clerk
Resolution 72-16 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 A eement for Open Space Easement ("Agreement") is made and
entered into this 2day of A , 2016, by and between ADL 5 LLC,
("Owner") and the Town of Los Altos ills, a municipal corporation, ("Town").
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 10800 Magdalena 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:
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 72-16 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
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,
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.
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 72-16 Page 4
6. Term of Aweement. 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 C Z ' 2016 .
Owner XK�o L S LLC
Owner
TO OF LOS ALTOS HILLS:
Date: 2016
or-John Harpootlian
ATTEST:
City Clerk- Deborah Padovan
Resolution 72-16 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 �l a-G ��/ , before me, �am6,
personally appeared adh�� Aft^_ ,
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. H.YAMATo-cowlLL
Commission#2102538
z :`� Notary Public-California
Santa Clara County
MY Comm. Expires Apr 5, 2019
Signature: (Seal)
Resolution 72-16 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 persort(,a'j whose
nameko is/ark-subscribed to the within instrument and acknowledged to me that he/*heAhY
executed the same in his4ie54hf,4 authorized capacity , and that by his/h 4ffisir signature(s)—
on the instrument the person, or the entity upon behalf of which the persors�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.PAOOVAN
Commission#t 2104366
Notary Public•California
Santa Clara County
Signature: (Seal) MV Comm,121M AN 19201!
Resolution 72-16 Page 7
Certified as a true copy
RESOLUTION 71-16
By
City Clerk of the Town�of Los Altos Hills
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEIVIENT
(LANDS OF ADL 5 LLC)
WHEREAS, Navneet Aron, ADL 5 LLC ("Owner") owns the property commonly known as 10800
Magdalena Road (APN 336-35-007), 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 Harpootlia , Mayor
RRes4gion 7 -11
Resoluhon 72-16 Pag�e�
ATTEST:
Deborah Padovan, City Clerk
MB34lUti0n t4-I Fix 4
EXHIBIT"A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
LANDS OF ADL 5 LLC
10800 MAGDALENA ROAD
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 2 OF THAT CERTAIN
MAP OF TRACT NO.2811 RECORDED OCTOBER 21, 1960 IN BOOK 126 OF MAPS PAGE 39,RECORDS
OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE RIGHT OF WAY OF MAGDALENA AVENUE AT THE LOT DIVISION
LINE OF LOT 1 AND LOT 2 AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHWESTERLY LINE
OF SAID LOT 2 SOUTH 50011'03" WEST 184.63 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 39048'57"EAST 16.60 FEET;THENCE SOUTH 59124'49"EAST 85.08 FEET;THENCE
SOUTH 30035'12"WEST 4.00 FEET; THENCE SOUTH 59024148" EAST 22.00 FEET; THENCE NORTH
30035'12" EAST 4.00 FEET; THENCE SOUTH 59024148" EAST 53.90 FEET; THENCE NORTH
30035112"EAST 52.94 FEET TO THE SOUTHERLY LINE OF A DRIVEWAY EASEMENT AS SHOWN ON
SAID MAP; THENCE ALONG SAID SOUTHERLY LINE OF SAID DRIVEWAY EASEMENT THE
FOLLOWING TWO(2) COURSES: 1)SOUTH 45°04'00"EAST 142.96 FEET AND 2)NORTH 44056100"
EAST 10.00 FEET TO A POINT ON SAID RIGHT OF WAY OF MAGDALENA AVENUE, AS SHOWN ON
SAID MAP ; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 45004'00"EAST 46.04 FEET TO THE
MOST EASTERLY CORNER OF SAID LOT 2;THENCE LEAVING SAID RIGHT OF WAY AND ALONG THE
GENERALLY SOUTHERLY LINE OF SAID LOT 2 THE FOLLOWING TWO (2) COURSES: 1) SOUTH
44056100" WEST 26.97•FEET AND 2) NORTH 68000'00" WEST 386.03 FEET TO NORTHWESTERLY
LINE OF SAID LOT 2; THENCE ALONG SAID NORTHWESTERLY LINE OF SAID LOT 2 NORTH
50011'03"EAST 78.07 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 19,959 SQUARE FEET,MORE OR LESS.
THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART
HEREOF.
p JD ,31
END OF DESCRIPTION `S
PREPARED BY OR UNDER v �N
THE SUPERVISION OF:
No. LS 5528
JUNE 28,2016Exp. u
mICH'AELJ.Wi16oTERS PLS 5528 DATE
0l=
PAGE 1 OF 2
Resolution 72-16 Page 10
MAGDALENA ROAD
(60' WIDE)
POINT OF
COMMENCEMENT
N 1gS6,00" 10' ESOPE
MT.
N LLI ( 5' P.S.E. �yV �r (126 M 39)
126 M 39) 9,09'
o Y < l l i l LOT 2 N 30 48'Z0- -
0 . 3
O BOOK 126 MAPS - -w 100, " W 86.04
m I I I PAGE 39 / 61 N 45'04c) -
Q i L9 �J CD N
< �I 5' W.C.E.
(126 M 35 �g%1$�$
In
Lu
II
R
Y a-
is 95 0 PG F
m I I I I 0- 6�
zll
o� 5 �Pes
W m
}Y o I I g00P SOF SPR
LAN
COURSE BEARING DISTANCE J •` �� ,�
L1 S 50'11'03" W 184.63'
L2 S 39'48'57" E 16.60'
L3 S 59'24'49" E 85.08' F OF •CP�\�o
L4 S 30'35'12" 4.00'
L5 S 59'24'48" E 22.00' 0 30 60 120
L6 N 30'35'12" E 4.00'
L7 S 59'24'48" E 53.90'
L8 N 30'35'11" E 52.94' LEGEND SCALE: 160'
L9 S 45'04'00" E 142.96' ________________ OPEN SPACE EASEMENT
L10 N 44'56'00" E 10.00' _ _ - - — PROPERTY BOUNDARY
L11 S 45'04'00" E 46.04' — — — — — — — — EXISTING EASEMENT
L12 N 50'11'03" E 78.07' ADJACENT PROPERTY
/it LEA & BRAZE ENGINEERING,INC. EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR OPEN SPACE EASEMENT
BAY AREA REGION SACRAMENTO REGION LANDS OF ADL 5 LLC
2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300
HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 10800 MAGDALENA ROAD,
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 (F) (916)797-7363 LOS ALTOS HILLS, CA.
WWW.LEABRAZE.COM
PAGE 2 OF 2 Resolution J N1= 2016