GRANT OF OPEN SPACE EASEMENTS; LANDS OF GOOD MOODYS, LLC; MOODY ROAD; FILE #14-16-ZP-SD-GD.

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1 AGENDA ITEM #4.G TOWN OF LOS ALTOS HILLS Staff Report to the City Council November 17, 2016 SUBJECT: FROM: GRANT OF OPEN SPACE EASEMENTS; LANDS OF GOOD MOODYS, LLC; MOODY ROAD; FILE #14-16-ZP-SD-GD. Suzanne Avila, Planning Director :SA APPROVED: Carl Cahill, City Manager('. C... RECOMMENDATION: That the City Council: Adopt a resolution (Attachment 1) accepting the grant of two open space easements on the Lands of Good Moodys, LLC; Moody Road. DISCUSSION: The dedication of open space easements was required as a condition for approval of the Site Development Permit for a new residence to be constructed on the subject property (File # ZP-SD-GD). Pursuant to the Town's General Plan Land Use Element Goal 2, Policy 2.5, "Steep slopes, canyons and ravines in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within the subdivision should be undisturbed and preserved in their natural condition to the maximum extent feasible." The easements will be placed over the riparian corridor at the rear of the property along Adobe Creek, and include the creek, the streambank and a dense canopy of oaks and other native trees (see Exhibit B to Attachment A and Exhibit D to Attachment B of the Resolution). The general public will not have a right-of-entry over the easements. ATTACHMENT 1. Resolution Accepting Grant of the Open Space Easements 2. General Plan Goal 2/Policy 2.5 Cc: Good Moody's LLC, 734 Oregon Avenue, San Mateo, CA Attn: Michael Sokolsky

2 Attachment 1 RESOLUTION NO. --- RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING TWO SEP ARA TE AGREEMENTS FOR OPEN SPACE EASEMENT (LANDS OF GOOD MOODYS, LLC) WHEREAS, Michael Sokolsky, Good Moodys, LLC ("Owner") owns the property commonly known as Moody Road (APN ), 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 two separate agreements for open space easement attached to this Resolution as Attachment A and Attachment B ("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 that each Agreement for Open Space Easement is 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 each 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, each 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 Agreement for Open Space Easement attached to this Resolution as Attachment B; and the Mayor is hereby authorized and directed to execute each Agreement for Open Space Easement. PASSED AND ADOPTED this 17th day ofnovember, 2016 BY: Mayor John Harpootlian ATTEST: City Clerk Deborah Padovan

3 Attachment A Agreement for Open Space Easement

4 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 When Recorded, Mail to: Town of Los Altos Hills Fremont Road Los Altos Hills, CA Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this l:j.1i day of S, 2016, by and between Good Moodys LLC, ("Owner") and the Town of Los os Hills, a municipal corporation, ("Town"). RECITALS A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as Moody Road, also identified as a portion of APN , 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 imp01iant 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 granter, hereby grants an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of

5 (the "Property"), to have and to hold said open space easement for the tenn and for the purposes and subject to the conditions, covenants, and exceptions descdbed herein. 2. Statutory Authodzation. This Agreement and grant of open space easement are made and entered into pursuant to Chapter 6.6 commencing with Section 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. Restdction on Use of Prope1iy. During the te1m of this Agreement and the open space easement granted herein, the Property shall not be used for any purpose other than an open space and ripadan 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 restdctive covenants running with the land which shall be binding upon all subsequent grantees. Said restdctive covenants shall be: a. against the right of Owner to construct or maintain any improvements on or within the Property except for public and private utilities, a well, 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 restdctive 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 light of entry and surface use is limited solely to the Town, but only for the purpose of inspection of condition of the Property.

6 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 and 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. Date: tj/ fj '2016 Owner Owner TOWN OF LOS ALTOS HILLS: Date: ' 2016 Mayor-John Harpootlian ATTEST: ~--- City Clerk- Deborah Padovan

7 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 1189 CIVIL CODE 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 8\t=tl lb\1,.p, before me, \'j\.-tr ~o-h'-t.;\.jr Qe_~-tj personally appeared M\t~~ So\:-o\.~\Fj, 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) TYLER GARRETT PETTEY Commission# ~.. Notary Public California ~ } Santa Clara County :!! s.~ iom"1 :x~r:s ~~ t7 :.2a1!l

8 EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE AND RIP ARIAN EASEMENT A LANDS OF GOOD MOODYS, LLC MOODY ROAD, LOS ALTOS HILLS, CALIFORNIA An easement over all that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Good Moodys, LLC, as described in that certain Grant Deed, recorded May 14, 2015 as Document Number , Official Records of Santa Clara County, all as shown on Exhibit "B" made a part hereof, more particularly described as follows: Beginning at the most Southern corner of said lands; thence along the westerly line of said lands North 22 31'47" West, feet; thence leaving last said line North 52 18'13" East, feet; thence South '47" East, feet to the generally southerly line of said lands; thence along last said line South 37 28'13" West, feet to the Point of Beginning. Containing 1,995 square feet, more or less. END OF DESCRIPTION Prepared by or under the supervision of: Michael W. T11PSOli L.S G:\Correspondence\2015 JOBS\ SU\ OPEN SPACE EASEMENT LEGAL.docx Page 1 of4

9 [L~[N][Q)~ [Mtl(Q)(Q)[Q)W~9!LIL~ [Q)(Q)~o fnl(q)o ~~! ~ """'. _, ' SCALE: 1" = 20' BASIS OF BEARINGS THE BEARING S "E ALONG THE SOUTHWESTERLY LINE OF THE LANDS OF TAELEMANS AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 804 OF MAPS, PAGE 50, SANTA CLARA COUNTY RECORDS, IS THE BASIS OF ALL BEARINGS SHOWN UPON THIS MAP. A!~ :"~,~~:~ EN~~::~~~~~~~ BAY AREA REGION 2495 INDUSTRIAL PKWY WEST SACRAMENTO REGION 3017 DOUGLAS BLVD, II 300 HAYWARD, CALIFORNIA ROSEVILLE, CA (P) (510) (P) (916) (F) (510) (F) (916) EXHIBIT "B' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE AND RIP ARIAN EASEMENT A LANDS OF GOOD MOODYS, LLC MOODY ROAD, LOS ALTOS HILLS, CA JOB NO SCALE: 1 "= 20' DRAWN BY: RM SHEET 2 OF 4 JUNE 2016

10 Attachment B Agreement for Open Space Easement

11 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 When Recorded, Mail to: Town of Los Altos Hills Fremont Road Los Altos Hills, CA Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this day of, 2016, by and between Good Moodys 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 Moody Road, APN , 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 p01iion of the property more particularly described in Exhibit C 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 paiiies, 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 C,

12 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 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 and riparian 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 constmct or maintain any improvements on or within the Property except for public and private utilities, a well, 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.

13 6. Tenn 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 and 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: '2016 Owner Owner TOWN OF LOS ALTOS HILLS: Date:, Mayor-John Harpootlian City Clerk- Deborah Padovan

14 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 1189 CIVIL CODE 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 8 \ \th.o\ "'1, before me, \'j\-e r Go.u~H-?.-e. Ht'.:) personally appeared ijy\\c~~\ So..o \.S~'=j, 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)

15 EXIDBIT "C" LEGAL DESCRIPTION FOR OPEN SPACE AND RIPARIAN EASEMENT B LANDS OF GOOD MOODYS, LLC MOODY ROAD, LOS ALTOS HILLS, CALIFORNIA An easement over all that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Good Moodys, LLC, as described in that certain Grant Deed, recorded May 14, 2015 as Document Number , Official Records of Santa Clara County, all as shown on Exhibit "D" made a part hereof, more particularly described as follows: Beginning at the most Eastern corner of said lands; thence along the generally Southeasterly line of said lands South 33 58'13" West, feet and South 65 28'13" West, feet; thence leaving said generally southeasterly line North '47" West, feet; thence South 52 18'13" West, 8.61 feet; thence North 40 20'43" East, feet; thence North 15 01'17" East, feet; thence North 22 00'57" East, feet; thence North 52 40'22" East, feet; thence North 63 00'52" East, feet; thence North 84 41'08" East, feet; thence North 20 18'09" West, 5.93 feet; thence North 1 51'38" East, feet; thence North 20 51'17" East, feet to a point on the Northeasterly line of said lands; thence along last said line South 48 04'47" East, feet to the Point of Beginning. Containing 0.23 acres, more or less. END OF DESCRIPTION Prepared by or under the supervision of L.S. 9023! I '\//b G:\Correspondence\2015 JOBS\ SU\ OPEN SPACE EASEMENT LEGAL.docx Page 3 of 4

16 N20.51 '17"E 13.60' [Lffe\[Nl [Q)~ ~[F ffe\[nl[q)~~ffe\(c(c[)=l]~9 ffi\il ~ll" [Lffe\[Nl[Q)~!F lf lf WlNl [)=l]~[l[l~ ffe\[l l! ~ OPEN RIPARIAN EASEMENT B 0.23± ACRES _, 1-- ' SCALE: 1 " = 30' BASIS OF BEARINGS THE BEARING s4a o4'47"e ALONG THE SOUTHWESTERLY LINE OF THE LANDS OF TAELEMANS AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK MAPS, PAGE 50, SANTA CLARA COUNTY RECORDS, IS THE BASIS OF ALL BEARINGS SHOWN UPON THIS MAP. ~ ~~!N~I~;: ~~~::~~~~~~ BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, H 300 HAYWARD, CALIFORNIA ROSEVILLE, CA (P) (510) (P) (916) (F) (510) (F) (916) WWW. LEABRAZE. COM EXHIBIT "D' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE AND RIP ARIAN EASEMENT B LANDS OF GOOD MOODYS, LLC MOODY ROAD, LOS ALTOS HILLS, CA JOB NO SCALE: 1 "= 30' DRAWN BY: RM SHEET 4 OF 4 JUNE 2016

17 Adopted May 8, 2008 Attachment 2 GOAL2 Ensure that all development occurs in a manner that minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space. Policy 2.1 Policy 2.2 Policy 2.3 Policy 2.4 Policy 2.5 Policy 2.6 Policy 2.7 Policy 2.8 Policy 2.9 Within incorporated Los Altos Hills and its sphere of influence dwelling types shall be limited to single-family detached residences, which may include a single secondary unit. Residential densities shall be guided by considerations of topography, vegetative cover and significant physical limitations inherent in the natural environment. The minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases. In subdividing land, the number of dwelling units permitted shall decrease as the steepness of the land increases. Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible. Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology. The natural character of ridgelines shall be preserved to the maximum extent feasible. Promote the use of green building methods and practices in the planning, design, construction, renovation, operations, and demolition of buildings. The Town shall encourage the installation of drought-tolerant landscaping and other methods of reducing water use for landscaping. Program 2.1 Continue to require the dedication of open space easements where appropriate as a condition of approval for new development. Each parcel shall be evaluated on a case-by-case basis during the site development review process to determine whether an open space easement should be required, based on the extent of steep slopes generally in excess of 30% slope and the presence of heritage oak trees and/or creek corridors. Other considerations shall include the size of the proposed open space easement, its contiguity with existing open space easements, and whether the property is located within an Open Space Conservation Area. Land Use Element Los Altos Hills General Plan Page LU-9