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HomeMy WebLinkAbout26-12 i 411 RESOLUTION NO. 26-12 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Purissima Los Altos Hills 3,L.P.) WHEREAS, Purissima Los Altos Hills 3, L.P. ("Owner") owns the property commonly known as 27575 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 regular meeting held on the 21st day of June, 2012 by the following vote: AYES: Larsen, Waldeck, Mordo, Radford, Summit NOES: None ABSTAIN: None ABSENT: None BY: `,./ - +' 'c'. ' Larsen, ' ayor Resolution No.26-12 Page 1 • • ATTEST: :.... . P eborah Padovan, City Clerk Resolution No.26-12 Page 2 • • Attachment A to Resolution 26-12 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 21st day of June , 2012, by and between, Purissima Los Altos Hills 3, L.P. ("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 Parcel 1 and Parcel 3 of the 27575 Purissima Road Subdivision, 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: Resolution No.26-12 Page 3 • • 1. Grant of Open Space Easement. Owner, as grantors, hereby grant 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 declare 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 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; and d. against the cutting of vegetation, except as may be required for fire prevention,thinning, elimination of diseased growth, 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. The Town shall provide Resolution No.26-12 Page 4 1 • Owner with written notice of such inspections at least seventy-two (72) hours prior to entry upon 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 unless abandoned pursuant to Government Code Sections 51093 and 51094 or perpetuity, 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: /t dj- H ?-© , 2012 Purissima Los Altos Hills 3, L.P., A California Limited Partnership By: Edenbridge Master, LLC, A California Limited Liability Company Its: General Partner By: Edenbridge Investments, Inc., A California Corporation Its: Sole Member B : Patrick J. Geary Its: President • TO OF LOS • ' •S HI LS: 4110Date: ciur- a r ,2012 MaYr r ATTES10/ / �, City Clerk Resolution No.26-12 Page 5 1 State of California ) County of Santa Clara ) On M A 22,21912before me, \ I 'TL AN a T , notary public, personally appeared Ry who proved to me on the basis of satisfactory evidence to be the person(e)Whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. ®IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII® MAULIK ANIL PANDIT Signature - • � NOTARY PUBLIC-CALIFORNIA 4911 SANTA CLARA COUNTY = My Comm.Exp.Dec.10,2014 iiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIr1 Resolution No.26-12 Page 6 • ID 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: June 28, 2012 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution No.26-12 Page 7 • IN Job No. 11-280 March 19, 2012coV t ��� v : Fl ,� 41 .4 7/ ", -'' / :4 0 D3 .NO. L3885 / l * EXP. 8-30-13 * EXHIBIT "A" V.itya LEGAL DESCRIPTION OPEN SPACE EASEMENT The land referred to herein below is situated in the Town of Los Altos Hills, in the County of Santa Clara, State of California, and is described as follows: A portion of Parcel 1 and Parcel 3 of that Parcel Map filed for record on , 2012 in Book of Maps, at Pages through , Santa Clara County Records, more particularly described as follows: Commencing at the most Northwesterly corner of Parcel 1, as shown on said Parcel Map, the following courses: 1. (L1)Thence along the Westerly line of Said Parcel 1, South 24°00'00"East 48.22'; 2. (L2) Thence South 15°40'00"East 248.22'; 3. (L3)Thence South 66°32'30"East 41.40'; 4. (L4) Thence North 68°47'30"East 208.15'; 5. (L5) Thence North 41°58'21"West 17.83'; 6. (L6) Thence North 35°01'58"West 14.94' to a point; 7. (C1) Thence along a non-tangent curve to the left having a tangent bearing of North 11°16'44" East and a radial bearing of North 78°43'16" West and a radius of 94.60' through a central angle of 35°26'28" for an arc length of 58.52' to a point; 8. (C2) Thence along a tangent curve to the left have a tangent bearing of North 24°09'44"West and a radial bearing of South 65°50'16"West and a radius of 70.90' through a central angle of 39°16'04"for an arc length of 48.59'; 9. (L7)Thence South 80°02'59" West 15.26'; 10. (L8)Thence South 89°25'36" West 15.28'; 11. (L9)Thence South 70°04'25"West 23.29'; 12. (L10) Thence South 80°35'12"West 9.87'to a point; 13. (C3)Thence along a non-tangent curve to the left having a tangent bearing of North 53°18'51"West and a radial bearing of South 36°41'09"West and a radius of 52.58' through a central angle of 54°13'45"for an arc length of 49.77'; 14. (L11) Thence North 39°41'49"West 36.34'; Resolution No.26-12 Sheet 1 p38 I 15. (C4)Thence along a tangent curve to the left having a radial bearing of South 50°18'11"West and a radius of 46.39' through a central angle of 66°22'11"for an arc length of 53.74' to a point of tangency; 16. (L12)Thence South 73°56'00" West 9.00'; 17. (L13)Thence South 68°39'57" West 6.72'; 18. (L14)Thence South 73°50'07"West 4.74'; 19. (L15)Thence South 87°18'39"West 7.10'; 20. (L16) Thence North 14°26'27" West 11.65'; 21. (L17)Thence North 03°22'11"West 27.32'; 22. (L18) Thence North 10°51'01"East 11.73'; 23. (L19) Thence North 42°16'41"East 4.76' to a point; 24. (C5) Thence along a tangent curve to the right having a radial bearing of South 42°36'43"East and a radius of 24.55' through a central angle of 71°56'54"for an arc length of 30.83'; 25. (L20)Thence North 04°31'42"East 51.57'; 26. (L21)Thence South 68°38'45"West 91.09' to the point of beginning and containing approximately 45,895 square feet. BASIS OF BEARING: The bearing N 55°35'00" E of the centerline of Samuel Lane as shown on that certain Parcel Map recorded in Book 679 of Maps at Page 46,47, in the office of the County Recorder of the County of Santa Clara, California was taken as the basis of bearing shown on this map. Sheet 2 Resolution No.26-12 P ge 9 O 0 0 n 0 , S 's �.p1 > > q BASIS OF BEARING °1s s 0 W (/) > > -I -4 M( ��P9 THE BEARING N 55°35'00"E OF THE CENTERLINE OF rl g r r!l \� F� °o g° - Z Z Z ill 0. SAMUEL LANE AS SHOWN ON THAT CERTAIN APN: 175-43 041 0 �� PARCEL MAP RECORDED IN BOOK 679 OF LANDS OF HEALY •. CI OJ /L \ MAPS AT PAGE 48,47,IN THE OFFICE OF THE COUNTY LOT 2 75 v ' R0Ow RECORDER OF THE COUNTY OF SANTA CLARA, PM 679 M 67 CO (E) CALIFORNIA WAS TAKEN AS THE BASIS OF 1.300 AC GROSS c,.1W CONSERVATION BEARING SHOWN ON THIS MAP. 1.192 AC NET -_, EASEMENT 27581 SAMUEL LANE OI 113 -P 4' 60' FUTURE L O ;:n RIGHT-OF-WAY W O (1) O N m SPI _ _ L21 _ S68'38'45'W 448.30' -11 _� N a. 30.03' 1 /-' 91:09' - - 61.01 15.90. .. - - - - - - o - . v N / N21'21'15'W 280.21' ,h1 N r 4►, NEW PUBLIC 19,97' o 01 z . r-lAgNe------ i , /�� STREET DEDICATION CURVE TABLE 00 , D `'o.. / (0.1033 AC) S00'41'00'W • CURVE LENGTH RADIUS DELTA N C 1 W h",,,,,:l/'--' '/ C1 58.52 94.60 35'26'28" 40.37' O° -1 O v1 C2 48.59 70.90 3996'04• LINE TABLE W O -O i/. C3 49.77 C4 53.74 46.39 66.22'11' UNE LENGTH BEARING uK pj C? Z C - /� C5 30.83 24.55 71'56'54' L1 .48.22 524 00'00'E Oij > N 0 W C I N/%V _ L2 248.22 S15'40'00'E_ y ,-.(Th .( V) 0 i� +f L3 41.40 56612'30"E 173 � 1 L4 208.15 N68.47.30"E -t ^� D V D D );-.' D �, Pym�L�1+4-�'1�- L5 17.83 N41'S8'21'W o Z rn n 0 r m $ VJ L13�/\�+ PARCEL 1 Go L6 14.94 N35'01'S8"W o - ♦++ g L7 15.26 580'02'59"W RI N c 5 W r o ` 1.011 AC (GROSS) PARCEL 2 Le 15.28 S89'25'36'W 9 °�SCC m 0 r r D m mD cr V J : /' �/` 1.011 AC (NET) 1.069 AC (GROSS) y� n O 1.089 AC (NET) L9 23.29 570'04.25"W I - 'Cz� Z Z i r D (I) 'i ' L10 9.87 S80'35'12'W D D --1 r m /�/ L0 36.34 N39'41'49"W I- (n �/� / w��< L12 9.00 573'56'00"W zoom_ O F ° Z T �i� �/ /' +� .14 4.74 573'50'07"W L13 6.72 968•39.57"W I N V p D Z N r :Ll -I ,Z I____.---- / j 1� L15 7.10 58718'39"W , 1 CO � 73.51_ I w T3W O �� // (?� L16 11.65 N1426'27W `` L17 27.32 NO3'22'11'W O rrl Z I- G // �/ /' L18 11.73 N10'51'01"E L (7 Z I D / ----OPEN ELATE-' - `J.1 L9 L19 4.76 N42'16'41'E 1 '1J I -/- EASEMENT] / - �@ L20 51.57 N04'31'42'E C7 e- ,� 1.054 AC - Y+7 121 91.09 S68'38'45'W • D % /'. �/// �� ----- L.,7),\ _ `n 1.112 AC GROSS EL 3 i / !/ / �N -0.085 AC (PAN HANDL 1 $ _______<:_____< j� / /_,/ �/ �/ `1 1.027 AC (NET) I O / / /- / % } C�' 9 '/ ----- // / ' ,' ---- 4 LEGEND yy6 �� NSA �= / �' /�. �./ �% '/ /�- - - - CENTERLINE Atf p I i - / OPEN SPACE EASEMENT I C . c A %// j �� �� PROPOSED NEW LOT UNE I 1 P �� 1% �� /� ,-� �,-- / --- �6- - - - BOUNDARY UNE NI --- ! /i `/ - ' / o FOUND STANDARD CITY 0Po 3 18. fir. .�1. ;: Dim /`/ - --� / -/ /_ / NOTED MONUMENT OR OTHERWISE ao� N LW-4/ 4 /-/..±.„--- j - / ----- .--- �'�#< R.O.W. RIGHT OF WAY j - $" >t• / ,,--- - /- ,A0, P.O.B. POINT OF BEGINNING 1 1.,\\\ X50. %'/ „1-78.15',----- ' - - - - 151.27- - - - - 66.00' 4--. F42.68'.--11\ N68.47'30'E L4 208.15' I