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Home My WebLink About68-07 • • 68-07 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Ghosh) WHEREAS, Sudip and Manisha Ghosh ("Owner") owns the property commonly known as 12866 La Cresta 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 ("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 tothe gm subjectOpen 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 t : Attachment A to Resolution 68-07 DOCUMENT: 19698992 Pages: 8 This Document Is Recorded Fees. . . . No Fees For the Benefit of the111 111 11[111 11 Taxes. . Town of Los Altos Hills CoP i es. . And is Exempt from Fee AMT PAI D Per Government Code Sections 6103 and 27383 REGINA ALCOMENDRAS RDE # 006 SANTA CLARA COUNTY RECORDER 12/31/2007 When Recorded,Mail to: Recorded at the request of 12:04 PM City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT Thisj�ement fo p n Sp4ce Easement ("Agreement") is made and entered into this day of �o�- , 2007, by and between Sudip and Manisha Ghosh, ("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 12866 La Cresta Drive, 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 • f • 1 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: z 2007 4-1 , Sudip osh Date: 71 . , 2007 Manisha Ghosh TO - OF OS ALTOS HILLS: - Date: V/',1 , 2007 Mayor (d i4 4.-r �h'see d ATTEST: City Clerk • • STATE OF CALIFORNIA ) ) ss: COUNTY OF -v C/4.00, ) Norway Nos."- On 30-1 24b , 2007,before me,N,thiffs4 .404-f er4/4 personally appeared Su o t P (tito.tf ,personally known to me (or 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi s' Signature Comm.#1637610 "ti i ��,� NOTARY PUBLIC-CAUFONM `F:.rry l BANTA CLARA COUNTY • Comm.Expii®s Jen.13,2010 STATE OF CALIFORNIA ) ) ss: COUNTY OFS (4444 ) ,vorAeyi'da+-+4 On i vt-Y Zb , 2007,before mete memellailiAtufroatizikof 4 personally appeared i ski oS ,personally known to me(or 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and of ' .- Signature 24! COMM.016371310 CAUFORMA `£1�.,,rs."'"*"•-•-•-•-•-•-•9 NICHOLAS ALEXANDER FRE sANTACLARTARY PUBLICACCOUNTY . Comm.Explres Jan.13,2010 • . • Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description • EXHIBIT "A" ' LANDS OF GHOSH 12866 LA CRESTA DRIVE PORTION APN 175-44-040 LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT A portion of that certain real property described in the grant deed from Sudip Ghosh and Manisha Ghosh, husband and wife, to Sudip Ghosh and Manisha Ghosh, trustees of the Sudip Ghosh and Manisha Ghosh 2003 revocable trust, recorded May 9,2005 under recorder's series no. 18360572 of official records, county of Santa Clara, State of California, more particularly described as follows: Furthermore, an easement for open space purposes contained within Lot 6, Block M, in the Town of Los Altos Hills, County of Santa Clara, State of California, as shown upon that certain Map entitled, "Tract No. 2062 Fremont Hills UnitNo. 5, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of Califorrt on July 8, 1959 in Book 108 of Maps, Pages 27, 28 and 29, further described as toilet's: Beginning at a point on the northeasterly line of said lot 6, from which point the most northerly corner of said lot 6 bears N57°51'13"W, 92.26 feet; thence alongsaid northeasterly line of said lot 6, S57°51'13"E, 114.00 feet to the point of intersection of the northeasterly line of said parcel and the southwesterly line of Anacapa Drive as shown on said tract; thence southeasterly along said southwesterly line of Anacapa Drive, on a ° , „ curve to the left, from which tangent bears N19 0315 W though a centra angel of 9 9 g 5°56'45", a radius of 530', and an arc length of 55.00', to thepoint of intersection of the southwesterly line of Anacapa Drive and the southeasterly line of said lot 6; thence along the southeasterly line of said lot 6, S53°18'45"W, 104.00 feet; thence N32°58'18"W, 99.80 feet; thence N21°43'09"E, 44.71 feet; thence N04°44'36"E, 48.66 feet to the pant of beginning. Containing 13,116 square feet, more or less, all as shown on the plat marked "Exhibit B" attached hereto and made a part hereof. APN: 175-44-040 Date Signed r//g/ ye d OQ(�OPESS/p�y9l C.7 Noah 87 r„,m Exp. I \ •I oz,OFESSIOAk4 ,\ � .. 43- li 411101t C33897 4, Exp.6/30/08 * J O •\,`S!y S%,yTF clv►t. 031 AP` : 175-44-039 •'N,/i/J \`,," 1/ of P� POINT OF \• N tab -----_/BEGINNING �\ DATE SIGNED: 01. N57'51'13'W 206.26' -----' SS ` --- -- ------- 92.26' `,20' ,' ,T14.09 , '4'� 00,�Q� .,..\�. MOST NORTHERLY ' / , / ' ,' ,' Q CORNER, LOT 6 0.`, , S\30, ,,, 1 AREA OF OPEN SPACE EASEMENT ( ,';, ', , ', ', ,/, N 1 13,116 SF ± $1,.P,' ,' ,' ,' ,/ ,/',,a/ev al J c,, O , , 4,1 c„_, , ,' ,' ,' ,' ,' , ,' ,' ,' ,'i I `!Y3,S ,/ ,,„,,,,,,/,,,/,//• 99 8 ,•,'•, Jr / , 8 0' / 1 11,0`-j 6 -// LJ 1; 175-44-040 / [L,0 : 7 It, ;40 LANDS OF GHOSH REVOCABLE TRUST /� AP\ : 175-44-045 I SERIES NO. 18360572 ;/_ wl iL J � w\ /AP NN1:175-44-066 1 / 3L0C •C \ v TRACT \ 0. /2062 140.00' \�• ----------- ----------75-6:7767--------------4 \ j .•\ , \ \ -7\ z 1,81' 4 , ' . o\ \,. AP\: 175-44-044 LEGEND /) \ ° \ APN:ASSESSOR PARCEL NUMBER V \s 7P \\•\�0- \ NOTES: \ • BOUNDARY DATA COMPILED FROM RECORD DATA EXHIBIT"B"-PLOT PLAN BRAWN BY' SHEET EW WEC AND ASSOCIATES FOR OPEN SPACE EASEMENT CHECKED BY: - 2625 MIDDLEFIELD RD#658 12866 LA CRESTA DR HPT PALO ALTO,CA 94306 TEL 650-823-6466 FAX 650-887-0321 LOS ALTOS HILLS,CA DATE: 1 OF 1 ENGINEER:HSIEN-PING TANG LOT 6,BLOCK M TRACT N0.2062JULY 10,2007 LICENSE NO.C33897 108 MAPS 27-29 SCALE: S • ; 68-07 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Ghosh) WHEREAS, Sudip and Manisha Ghosh ("Owner") owns the property commonly known as 12866 La Cresta 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 ("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 t : Open Space Easement Agreement. /J PASSED AND ADOPTED this ay o !/y ' , , 2007 BY: : or ATTEST: Certified as a true popy /(aieztj% City Clerkgy !