HomeMy WebLinkAboutResolution 51-25 with Exhibit ARESOLUTION 51-25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF BOWERS)
WHEREAS, Andrew Campbell Bowers and Sabrina Ko Bowers, husband and wife ("Owner") own
the property commonly known as 26875 Nina Place, Los Altos Hills, California (APN 175-44-069);
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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for
Open Space Easement attached to this Resolution as Exhibit 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 21St day of July 2025, by the following vote:
AYES: TANKHA, BHATEJA, MOK, SWAN, TYSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Signatures on next page.
RESOLUTION 51-25 11 P a g e
ATTEST:
Rol �iot N.�1 I�L-w1lr,i _, 0
W C • •
BY:
Kavita Tankha, Mayor
RESOLUTION 51-25 2 1 P a g e
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 304-\, day of ���� , 2025, by Andrew Campbell Bowers
and Sabrina Ko Bowers, husband and wife ("Owners"), the owners of the community
property located at 26875 Nina Place, and the TOWN OF LOS ALTOS HILLS, a
municipal corporation, ("Town").
R'FCTTAT C
A. Owners own that certain real property in the Town of Los Altos Hills
commonly known as 26875 Nina Place, Los Altos Hills, California (APN 175-44-069).
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 (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.
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: Jk..-e 2025 -
Andrew Campbell Bowers
(Signature)
Date: OlLwe , 2025
ATTEST:
ka Miller, City Clerk
brina Ko ow rs
(Signature)
TOWN OF LOS ALTOS HILLS:
��- -1C-�
Kavita Tankha, Mayor
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 OFSC CRM
On LAAe 7 -Zn , 2025, before me, �� i�'jilr( ,� , Notary
Public, personally appeared 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.
r ARIKA M. BIRDSONG•MILLER
Signature: ( T Seal Notary Public • California
Santa Clara County
�. Commission k 2473524
�•�� My Comm. Expires Nov 27, 2027
CALIFORNIA 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 Cal' ornia I -
County of _ CQII'l C I Gc.rr�
On Jll 11P_ 3 l��before me, r i kc�_
Date / , _—r—Here Insert Name and Title e Officer
personally appeared
Name(s) of Signer(s)
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(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
ARIKAM. BIRDSONG•MILLER
10my
Notary Public • CaliforniaSanta Clara County f
Commission N 2473824
Comm. Expires Nov 27, 2027
Place Notary Seal and/or Stamp Above
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 k&
Signature of Notary Public
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
EXHIBIT "A"
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
LANDS OF BOWERS
26875 NINA PLACE
TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA
APN 175-44-069
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 Parcel One as described in the Grant Deed recorded
June 18, 2018, as Document Number 23958285, also being Lot 23 as shown on that certain Map
filed in Book 108 of Maps at Pages 27-29, in the Office of the Recorder of said County and State
and being more particularly described as follows:
BEGINNING at the intersection of the southerly line of the 12' -wide storm drain and public
utility easement lying adjacent to and southerly of the northerly line of said Lot 23 with the
westerly line of the 20' -wide storm drain easement lying adjacent to and westerly of the easterly
line of said Lot 23, as said easements and Lot are shown on said map;
Thence along said westerly line of said 20' wide storm drain easement South 2°15'00" West
69.00 feet;
Thence leaving said westerly line North 62°11'34" West 110.57 feet to said southerly line of said
12' wide storm drain and public utility easement;
Thence along said southerly line of said 12' wide storm drain and public utility easement North
80°11'50" East 102.00 feet to the POINT OF BEGINNING.
Containing 3,441 square feet, more or less.
As shown on Exhibit `B", attached hereto and made a part hereof.
Description prepared by MacLeod and Associates, Inc.
\,AND 5'
Daniel G. MacLeod L.S. 5304 G.
0
Date No. 5304,
PAGE 1 OF 2
LEGEND
PARCEL BOUNDARY LINE GRAPHIC SCALE
ADJACENT PROPERTY LINE 20 0 10 20
EASEMENT LINE 60 m
I mw!�m�y
S.D.E. STORM DRAIN EASEMENT IN FEET
P.U.E. PUBLIC UTILITY EASEMENT 1 inch = 20 ft.
10B 0PS 27
? u.F-. PIE f
S-D-
g4lD 33ro 03
OB MAPS 2'_29
dO 2! S.D.F_ A02_00
NPOINT OF
BEGINNING
OPEN SPACE
EASEMENT
VICINITY MAP
(NOT TO SCALE)
I
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H,kcLiE3 (D Fp) A H 0 A 3 35 G C o & 7 1 E 35
CIVIL ENGINEERING - LAND SURVEYING
965 CENTER STREET SAN CARLOS CA 94070 (650) 593-8580
0)
OPEN SPACE
EASEMENT
3,441 S.F.±
(A
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PARCEL ONE OF
LANDS OF
BOWERS PER
DOC. #23958285
E::,:.::t ... ..
"EXHIBIT
B"
TITLE:--
PLAT TO__ACCOMPANY_LEGAL
-DESCRIPTION
-FOR
OPEN SPACE EASEMENT
- 26875
NINA PLACE
LOS ALTOS
HILLS' SANTA
CLARA COUNTY
CALIFORNIA
PLAT:
SCALE:
DATE:
10B #:
PAGE
2 OF 2
DPM
I 1"= 2' 1
09-20-22
1 4653-18
H,kcLiE3 (D Fp) A H 0 A 3 35 G C o & 7 1 E 35
CIVIL ENGINEERING - LAND SURVEYING
965 CENTER STREET SAN CARLOS CA 94070 (650) 593-8580
RESOLUTION 51-25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS BILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF BOWERS) -
WHEREAS, Andrew Campbell Bowers and Sabrina Ko Bowers, husband and wife ("Owner") own
the property commonly known as 26875 Nina Place, Los Altos Hills, California (APN 175-44-069);
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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for
Open Space Easement attached to this Resolution as Exhibit 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 21St day of July 2025, by the following vote:
AYES: TANKHA, BHATEJA, MOK, SWAN, TYSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Signatures on next page.
RESOLUTION 51-25 11 P a g e
ATTEST:
off
Kavita Tankha, Mayor
Certified as a true copy
By
lerk of ���ownof Los AI Hills
RESOLUTION 51-25
2 1 P a g e