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HomeMy WebLinkAbout46-12 • ID RESOLUTION NO. 46-12 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Mad Manor II,LLC) WHEREAS, Mad manor II, LLC ("Owner") owns the property commonly known as 27641 Purissima Road, 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 the Open Space Easement Agreement. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 23rd day of August, 2012 by the following vote: AYES: Larsen,Waldeck, Mordo, Radford, Summit NOES: None ABSTAIN: None ABSENT: None Resolution No.46-12 Page 1 _ I' 'ch LI or ATTEST: ( )). _ Deborah Padovan, City Clerk Resolution No.46-12 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 23rd day of August , 2012, by and between Mad Manor II 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 Mad Manor II, LLC, 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 No.46-12 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 runningwith 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 pathways/bridges for pathways 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, native vegetation may be planted within the easement but no irrigation or sprinkler systems are permitted; 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 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. • Resolution No.4642 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 bebinding 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: CIMV 1 , 2012 C VrIN ' Ruth B. Morrison, General Manager Mad Manor II, LLC 'OWN OF S ALTOS HILLS: Date: August 31 , 2012 M. o Rich arsen ATTEST: , ---- City Clerk-Deborah Padovan • Resolution No.46-12 Page 5 S STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA ) On D7 l7- 21)1a, 2012, before me,���L. /4e Az�j , Notary • Public, personally appeared �U i �. .S'i�/'-i a t��'Jo.7 , 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. SHARON�.McMAHON COMM. t'lag 78 z o: ` Notary Public California o Z i Santa Clara County My�Comm.Expires Feb.25,2015 Signature; . (Seal) • STATE OF.CALIFORNIA ) ) COUNTY OF SANTA CLARA ) On 2012, before me, ,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. Signature: (Seal) Resolution No.46-12 Page 6 1110 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 31, 2012 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution No.46-12 Page 7 • • Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description • • Resolution No.46-12 Page 8 • • Exhibit"A" Legal Description— Open Space Easement Portion of APN 175-43-035 An easement for open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,being a portion of the land described in the certain Grant Deed recorded August 28,2006 as Document No. 19081195 Santa Clara County Records, as shown on Exhibit"B"made a part hereof, more particularly described as follows: Commencing at the intersection of the Southerly line of said land with the Easterly line of Parcel 1 as described in that certain Grant Deed recorded June 9, 1965 in Book 6987 of Official Records, at Page 36, Santa Clara County Records,and as shown on CALIFORNIA STATE HIGHWAY RIGHT OF WAY MAP R-155.9;thence along said Southerly line North 68°25'06"East, 157.95 feet to the Point of Beginning;thence leaving last said line the following six(6)courses: 1. North 04°24'29"West, 61.22 feet; 2. North 35°35'42"West, 21.53 feet to the beginning of a non-tangent curve to the right with a radius of 57.27 feet; 3. Along said curve, from a tangent bearing South 46°23'24"West,through a central angle of 161°53'10",a distance of 161.81 feet; 4. North 71°37'17"East, 174.25 feet; 5. North 67°16'03"East, 14.84 feet; 6. South 21°40'21"East, 166.81 feet to said Southerly line. Thence along last said line South 68°25'06"West, 143.54 feet to the Point of Beginning. Containing 29,140 square feet(0.66 acres),more or less. E0 LAND F ®G9` m a No. 7623 Exp. 12-3112 "�3 G:\Correspondence\2005 JOBS\2050345\oltag 940EGAL-OPEN SPACE EASEMENT(2).doc Page 9 • • p LAlllp BASIS- -O F - BEARINGS - THE BEARING SOUTH 50'00'00" EAST ,`f,� X97 •\ / BETWEEN FOUND IRON PIPE MONUMENTS til 7,3.__ L ALONG LA CRESTA DRIVE AS SHOWN ON No. TM TRACT NO. 2062 FILED IN BOOK 108, Exp.114 PAGE 27, SANTA CLARA COUNTY it �� Zs RECORDS WAS USED AS THE BASIS OF ��► O. ALL BEARINGS SHOWN UPON THIS MAP. co '9� Op. a LANDS OF N48'57'23°E 4%0 °as MAD MANOR 009 LLC 1422.90 Is X DEED DOC X100 0 1908�195 (TIE) I9 X. 0 NET AREA REMAINING �2� ��� 0 437,894 SQ. FT./ 10.05 ACRES N6716'03"E LM 0N71'3 ' 14.84' 717E 174.25' . ... • • • • • • W Q .. -•-•-••• CQ / ..................... ..OPEN;.:SPA{:E�-�E•A5EMENT-�.•.�.�.:.:..I • ,, O ceg c3 0 X G L=161.81' :: .. 0 00 D=161'53'10" -..N36'3.5` •27*-.•.-:.-:.............:--I� ° 2]:b3:......................rn 0 POINT OF N N :........................:.......... COMMENCEMENT N68'25'06"E 157.95' 2 ........':.:.....'......:.'......:..::..'.:.:...' • S68'25'06"W 143.54' POINT OF BEGINNING PARCEL L NAP1 BOOK 6779 OF iIAPS PARCEL L 3 AT PAGE 46 ..........4 .......... . • 0 30 60 120 M=01 IMON SCALE! 1" - 60' EXHIBIT "B" LEA & BRAZE ENGNEERPIG, NC. PLAT TO ACCOMPANY LEGAL ' CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR AN BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD. /300 HAYWARD.CALIFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS WTL CALIFORNIA (P) (510) 887-4086 (P) (916)966-1338 SANTA CLARA COUNTY (F) (510) 887-3019 (F) (918)797-7363 WWW.LEABRAZE.COM , AN: 175-43-035 JOB,,, 2Q50345 DRAWN BY: MT JUNE 2011 • S Exhibit"A" Legal Description- Open Space Easement Portion of APN 175-43-035 An easement for open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,being a portion of the land described in that certain Grant Deed recorded August 28,2006 as Document No. 19081195 Santa Clara County Records, as shown on Exhibit"B"made a part hereof, more particularly described as follows: Beginning at the intersection of the Northerly line of said land with the Easterly line of Parcel 1 as described in that certain Grant Deed recorded June 9, 1965 in Book 6987 of Official Records, at Page 36, Santa Clara County Records, and as shown on CALIFORNIA STATE HIGHWAY RIGHT OF WAY MAP R-155.9;thence along said Northerly line North 68°20'38"East,242.73 feet;thence leaving last said line the following twenty six(26) courses: 1. South 33°57'15"East,42.47 feet; 2. South 27°05'23"West,20.56 feet; 3. South 06°15'24"East,48.00 feet; 4. South 38°07'15"East, 52.42 feet; 5. South 05°02'21"West,33.42 feet; 6. South 28°36'33"East, 82.55 feet; 7. South 67°16'03"West, 13.69 feet; 8. South 71°37'17"West, 98.56 feet; 9. North 36°35'36"West, 70.61 feet to the beginning of a tangent curve to the right with a radius of 25.00 feet; 10. Along said curve, through a central angle of 30°58'00",a distance of 13.51 feet; 11.North 05°37'36"West, 60.21 feet; • 12.North 49°00'21"West,42.84 feet; 13. South 74°53'37"West,47.19 feet; 14.North 80°47'13"West, 5.23 feet; 15. South 16°22'06"West,0.35 feet; 16. South 06°28'05"East, 19.19 feet; 17. South 13°49'47"East, 36.80 feet; 18. South 08°37'43"East, 30.30 feet; 19. South 51°50'45"East, 33.44 feet; 20. South 00°06'58"West,22.30 feet 21. South 11°53'07"West,2.73 feet 22. South 35°41'25"West, 0.65 feet 23. South 10°02'31"West, 38.14 feet 24. South 16°14'45"West, 12.37 feet G:\Cor respondence\2005 JOBS\2050345\11Z3Fskiligg IlaN l S1I2EGAL-OPEN SPACE EASEMENT.doc Page 11 • • 25. South 71°37'17"West, 15.32 feet to the beginning of a tangent curve to the right with a radius of 30.00 feet; 26.Along said curve,through a central angle of 95°18'31", a distance of 49.90 feet to a point of tangency on said Easterly line of Parcel 1. Thence along last said line North 13°04'12"West, 218.84 feet to the Point of Beginning. Containing 51,430 square feet(1.18 acres),more or less. 60 LANp 4i+$PY F• 849 • ®9 1 e En No. 7629 7-3 ` Exp.rt-arra . S 4' CFCAL G:\Cor espondence\2005 JOBS\2050345\E raj , 0A11611112GAL-OPEN SPACE EASEMENT.doc Page 12 • ! LINE TABLE TAG BEARING DISTANCE TAG -BEAR-IN G DISTANCE o U N49'00'21"W 42.84' L8 S51'50'45"E 33.44' 20 L2 S74'53'37"W 47.19' L9 SO0'06'58"W 22.30' 0 00 L3 N80'47'13"W 5.23' L10 S11'53'07"w 2.73' '.......4 -To S16'22'06"W 0.35' L11 S35'41'25"W 0.65' \ �0s 0 L5 SO6'28'05"E 19.19' L12 S10'02'31"W 38.14' N61'58'09"E di L6 S13'49'47"E 36.80' L13 S1614'45"W 12.37' 1341.18' -7,,A 'cI L7 S08'37'43"E 30.30' (TIE) 2 9. POINT OF 1171 MAPS 16 LOT 1 ::' BEGINNING N68'20'38"E 242.73' - :':':':':OPEN:':SPACE:':EASEiI#E61T::: ::::::::':':':::'::':::':':':::':':':':' S33'57'15"E Ld 51;430:-SQ ; FT/ 1.18: ACRES; - 42.47' rr . . . ......... 3................. • S27'05'23"W X L0 �+-F: :':':'. :.'.'.'..'..:.:.:::U�i1 1U:::::[ I] �:::::H119 :LSC ::::: a� .................. ....'.'.'.'.'.'.'.•......•.'.... 20.56 gm © N :.:.:.:...:.:.......:.....:... S0615 24 E `::'::'::':':fl - 48.00' CQ 3I.:::::::: - G :NET:':AI .EA:•:REMAINING •:•:\ .:. . ...:....:. .437;894.SQ.::FT:....... S38'07'15"E �. •,•••-•••••••••'•-'• .1;0,;05;;ACRS;- •;;•;\ 52.42' §b SO5'02'21"W ::::...::•: �.. .:1 :.:.::.:.:.:.:.:':.:::' 33.42' QQo :.:.:...:.:.:.:..:.:.L1: .'.'....' • . . .D. .. ............ a,•�..................... ;, S28'36'33"E CO el - _... - .': w ............:.............:::........ 82.55 R=30.00 L13 ..................................... L=49.90' D=9518'31" S71.' -1N713717E 77"y .:.' &/..-- - BASIS OF BEARINGS 15'32' 98'Ss' S6716'03"W �°4. Y F. 6 A 7 13.69' 0 • THE BEARING SOUTH 50'00'00" EAST .O� �� /� BETWEEN FOUND IRON PIPE MONUMENTS 0 30 601200 ALONG LA CRESTA DRIVE AS SHOWN ON No. ma TRACT NO. 2062 FILED IN BOOK 108, MEM Exp.1t-3F2 PAGE 27, SANTA CLARA COUNTY - 7' 3- �y. �r RECORDS WAS USED AS THE BASIS OF SCALE. 1" 60' ALL BEARINGS SHOWN UPON THIS MAP. EXHIBIT »B" LEA & BRAZE ENC 1G, NC. PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR AN BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD. /300 HAYWARD.CALIFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS HILLS, CALIFORNIA (P) (510) 887-4086 (P) (916)966-1338 SANTA CLARA COUNTY (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM 4;_APN: 175-43-035 J0E1, 2,050345 Recnhrtinn Nn DRAWN BY: MT JUNE 2011