AGENDA ITEM #4.N TOWN OF LOS ALTOS HILLS Staff Report to the City Council September 21, 2017 SUBJECT: FROM: GRANT OF AN OPEN SPACE EASEMENT; LANDS OF HENG AND PAREIGIS; 25383 LA RENA LANE; FILE #258-16-ZP-SD-GD. Suzanne Avila, Planning Director Sf\ APPROVED: Carl Cahill, City Manager C.. c_. RECOMMENDATION: That the City Council: Adopt a resolution (Attachment 1) accepting the grant of an open space easement on the Lands of Heng and Pareigis; 25383 La Rena Lane. DISCUSSION: The dedication of an open space easement was required as a condition for approval of the Site Development Permit for a new residence to be constructed on the subject property (File #258-16- ZP-SD-GD). Pursuant to the Town's General Plan Land Use Element: 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 easement is to be placed over the 25-foot buffer from top of creek bank (tributary of Adobe Creek) as it crosses the project site (see Exhibit B to Attachment A of the Resolution). The open space easement extends along the northern property line to maintain a wildlife corridor. The general public will not have a right-of-entry over the easement. ATTACHMENT 1. Resolution Accepting Grant of an Open Space Easement 2. General Plan Land Use Element excerpt: Policy 2.5
Attachment 1 RESOLUTION NO. --- RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF PAREIGIS AND HENG) WHEREAS, Ben Heng and Regina Pareigis ("Owner") own the property commonly known as 25383 La Rena Lane (APN 175-38-007), 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 ("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, 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 Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement. PASSED AND ADOPTED this 21st day of September 2017 BY: Mayor Gary Waldeck ATTEST: City Clerk Deborah Padovan
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 Jlz. day of ~' 2017, by and between Ben Heng and Regina Pareigis, ("Owner") and the ~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 25383 La Rena Lane, Los Altos Hills, California (Assessor's Parcel. Number 175-38-007). 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: -----'-J-~~'------'-,-=1--' 201 7 Date: ) ('.fl- 1 '2017 TOWN OF LOS ALTOS HILLS: Mayor, Gary Waldeck City Clerk- Deborah Padovan
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 5ai!A t~(u ) ) ) On fbf)l._ // fh, 2017, before me, Pubti;,Personally appeared J(...,...,r=-...----~--\-----C-- proved to me on the basis of satisfactory evid e to e 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/t~ir 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. 1 :. WITNESS my hand and official seal. Signature: _ (Seal),~~~it LOPEZ ~ Notary Public California ~ Santa Clara County ~ ;z Commission# 2149785 ~ jt~-w":li.~~j~:~~
EXHIBIT 11 A 11 Legal Description of Open Space Easement over the Lands of Heng and Pareigis 25383 La Rena Lane Los Altos Hills, California An easement over certain real property, being the Lands of Heng and Pareigis, as described in that certain Grant Deed, recorded as Document No. 22865321, on February 26, 2015, in the Official Records of Santa Clara County, State of California, situated in the Town of Los Altos Hills, County of Santa Clara, State of California, more particularly described as follows: Commencing at the most northerly corner of that certain parcel of land conveyed by R. Wallace Comisky, Et Ux, to Charles H. Canaday, Et Ux, by deed dated August 7, 1950 and recorded on August 17, 1950, in Book 2037 of Official Records of Santa Clara County, at Page 178, said point of commencement being in the line dividing Lots 3 and 4, and distant thereon 507.32 feet northwesterly from the point of intersection of said dividing line with the centerline of O'Keefe Avenue as shown upon the map entitled "M. & M. Taaffe Subdivision of Lot 4 of the Taaffe Partition in the Rancho La Purissima Concepcion, as recorded in Book "E" of Maps, Pages 118 and 119 11, filed for record on July 15, 1897, in Book "I" of Maps, Pages 72 and 73, Santa Clara County Records; thence, along the southerly boundary of said Lands of Heng and Pareigis, South 70 40 1 00 11 West, 185.50 feet, to the Point of Beginning of this description; Thence, from said Point of Beginning, continuing along the southerly boundary of said Lands of Heng and Pareigis, South 70 40 1 00 11 West, 29.00 feet, to the most southerly corner of said Lands of Heng and Pareigis; Thence, along the westerly boundary of said Lands of Heng and Pareigis, North 19 20 1 00 11 East, 508.09 feet, to the most westerly corner of said Lands of Heng and Pareigis; Thence, along the northerly boundary of said Lands of Heng and Pareigis, North 70 40 1 00 11 East, 214.50 feet, to the most northerly corner of said Lands of Heng and Pareigis; Thence, along the easterly boundary of said Lands of Heng and Pareigis, South 19 20 1 00 11 East, 20.00 feet, to a point on a line parallel, and 20.00 feet distant, measured at a right angle, to the northerly boundary of said Lands of Heng and Pareigis; Page 1 of 2 Pages
Page 2 of 2 Pages Open Space Easement Thence, along said parallel line, South 70 40'00 11 West, 167.50 feet; Thence, leaving said parallel line, South 26 27'30 East, 16.12 feet; Thence, South 16 05'05 11 Thence, South 37 04 1 41 11 East, 88.23 feet; East, 26.25 feet; Thence, South 19 20'00" East, 35.00 feet; Thence, South 03 01'10 11 Thence, South 17 10'49 11 Thence, South 14 45 1 34 11 East, 42.72 feet; East, 133.09 feet; East, 50.16 feet; Thence, South 19 20'00" East, 68.00 feet; Thence, South 15 45 1 25 11 East, 32.06 feet, to the Point of Beginning. Containing an area of 23,765 square feet, (0.55 Acres), more or less. END OF DESCRIPTION. Attached to this legal description is a plat entitled Exhibit "B" showing this Open Space Easement, which is made a part hereof. Basis of Bearings: The bearing North 19 20'00" West, being the centerline of La Rena Lane, (formerly Avenue), was used as the basis of bearings for this legal description, as shown upon that certain map entitled "Tract No. 1707, Broad moor Estates", which was filed for record on October 1, 1957, in Book 85 of Maps, at Page 32, in Santa Clara County Records, State of California.
BASIS Of AfMIHQS; THE BEARING NORTH 19'20'00" l+e'st. BDNG THE CENTCRUNE or LA RENA LANE, (FORMERLY A VENUE), WAS USED AS THE BASIS or BEARINGS FOR THIS PLAT, AS SHOWY UPON THAT CERTAIN MAP emtled "TRACT NO. 1707, BROADMOOR ESTA TES", WHICH WAS FILED FOR RECORD ON OCTOBER 1, 1957, JN BOOK 85 or MAPS, AT PAGE J2, JN SANTA CLARA COUNTY RECORDS, STA TE: or CALIFORNIA S26'27'JO"E 16.12' S70'40'00"W 10.00' OPEN SPACE EASEMENT AREA=2J, 765 :t S.F. (0.55 :t AC.) ~ ~ M LANDS OF HENG AND PARE/G/S APN 175-38-007 i GRAPHIC SCALE BO O 40 BO r:::~---:j =--1-1 ( IN 1'1111' ) lldob lloll. San Jose Oakdale F1\2015\15137\ciwg\15137plo. t.dwg 8/8/2017 9138156 AM PDT M.H. 15137 SHEETS: 1 OF 1 ' ' EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION OPEN SPACE EASEMENT 26383 LA RENA LANE LOS ALTOS HILLS, CALIFORNIA
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