HomeMy WebLinkAbout18-22RESOLUTION 18-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF PANG)
WHEREAS, Ho Yan Clement Pang ("Owner") owns the property commonly known as 13210 East
Sunset Drive, Los Altos Hills, California (APN 175-27-019); 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.
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 17th day of February, 2022, by the following vote:
AYES: Tyson, Mok, Schmidt, Tankha
NOES: None
ABSENT: None
RECUSE: Swan
BY:
4i—
, -George Tyson,44ayoV
ATTEST:
W
keborah Padovan, City LClerk
Resolution 18-22 Page 1
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 1st day of November, 2021, by and between Pang Ho Yan C Trustee
("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 13210 East Sunset Drive, Los Altos Hills, California (APN 175-27-
019).
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, Exhibit B and 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 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 18-22 Page 2
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.
Exhibit B and Exhibit C, (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 underground public and private utilities (excluding solar
panels), paths dedicated to the Town, a vineyard, 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 or placement of retaining walls for
structures and reasons other than attendant to permitted uses including but not limited to
drainage improvements, septic fields, underground utilities, and placement of fill to reduce
export of soils; 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
C. against any plantings other than native vegetation and a vineyard;
and
f. against the erection of structures other than any improvements
authorized by Paragraph 3(a) herein.
Resolution 18-22 Page 3
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.
Date: 1 November , 2021
Date: , 2022
ATTEST:
Deborah L. Padovan, City Cleric
OWNER:
Clement Pang, Trustee
TOWN OF LOS ALTOS HILLS:
eorge Tyson, yo
P
Resolution 18-22 Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT
§ 1189
CIVIL CODE
A. notary public or ether officer completing this certificate verifies only the identity of the
individual who signed the docunlerit to Which this c:etilficate is attached, and not the
trtlthfulne _s, accuracy, or validity of that document,
&MZA
STATE OF qAWM Texas
COUNTY OF Dallas
On 1st November , 2021, before me, c�l Mil 7iaul Hn(711p , Notary
Public, personally appeared Ho Yan clement Pang , 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
fore oin ara ra h is true and g corr t
WITNESS my hand and official seal
Signature: 4-0-- (Seal)
Quazi Md Ziaul Hoque Notarized online using audio -video communication
Resolution 18-22 Page 5
PQYlllllrll111
Quazi Md Zfaul Hoque
ID NUMBER
132818593
COMMISSION D camber 10, 2024
Signature: 4-0-- (Seal)
Quazi Md Ziaul Hoque Notarized online using audio -video communication
Resolution 18-22 Page 5
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 OF SANTA CLARA )
On February 18, 2022, before me, Deborah L. Padovan, Notary Public, personally appeared
George Tyson, 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)
DEBORAH L. PADOVAN
Notary Public • California z
Santa Clara County,
= Commission # 2282419
My Comm. Expires Apr 19, 2023
Resolution 18-22 Page 6
Certified as a true copy
I
RESOLUTION 18-22 i By
41tyClerkof the �TownHilus
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF PANG)
WHEREAS, Ho Yan Clement Pang ("Owner") owns the property commonly known as 13210 East
Sunset Drive, Los Altos Hills, California (APN 175-27-019); 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.
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 17th day of February, 2022, by the following vote:
AYES: Tyson, Mok, Schmidt, Tankha
NOES: None
ABSENT: None
RECUSE: Swan
BY:
George Tyson", -Mayor
ATTEST:
eborah Padovan, City Clerk
M1tljfVh 1&2 2 ��
EXHIBIT A
LEGAL DESCRIPTION
Open Space Easement
Lands of Pang
13210 E. Sunset Drive
An Open Space Easement over, on, and through real property situate in the Town of Los Altos Hills, County
of Santa Clara, State of California, said easement being across a portion of Lot 10 as shown on that certain
map entitled "MAP OF LOS ALTOS HEIGHTS" filed in the Office of the Recorder of the County of Santa
Clara, State of California, on April 17, 1911 in Book "N" of Maps at Page 47, said easement lying within the
lands described in the Grant Deed conveyed by Zining Wu and Qian Lin, as Trustees of the Wu Family
Revocable Trust dated August 22, 2013 to Ho Yan Clement Pang, Trustee of the Allegro Con Brio Trust
dated July 12, 2017 said Grant Deed being recorded on July 14, 2017 in Document #23698126 Santa Clara
County Records, said easement lying below the elevation "350 feet NAVD 88" as referenced by that certain
"Town of Los Altos Hills Bench Mark No. 13", said Open Space Easement being more particularly
described as follows:
Beginning at the most easterly corner of said Lot 10 "Map of Los Altos Heights", said corner also being the
easterly most corner of said lands of Pang (Document #23698126) and said Point of Beginning also being
the southerly most corner of Lot 1 as shown on the Map of "Tract No. 3530, being a portion of Lot 11 `Map
of Los Altos Heights"', which Map was filed for record in the Office of the Recorder of the County of Santa
Clara on September 20, 1963 in Book 167 of Maps at Page 4; thence along the southeasterly line of said
Lot 10 South 44°06'33" West 366.24 feet (called South 44°48'00" West 369.60 feet in said Document
#23698126) and South 61°42'30" West 55.00 feet to the easterly most corner of that certain Lot 2 as shown
on the Map of "Tract No. 3217, being a portion of Lot 10 `Map of Los Altos Heights"', which Map was filed
for record in the Office of the Recorder of the County of Santa Clara on January 23, 1963 in Book 156 of
Maps at Page 26; thence along the northeasterly line of said Lot 2, North 44°05'04" West 143.5 feet, more
or less, to the above. described "350 foot" contour; thence leaving said northeasterly line of Lot 2, along a
non -tangent curve following said "350 contour" through a curve concave to the southeast having a radius of
91.00 feet and to which beginning a radial line bears South 41'39'37" East with a.curve length of 47.00 feet,
more or less; thence continuing along said "350 contour" on a non -tangent line North 50000'00" East 53.0
feet, more or less; thence North 29°00'00" East 27.0 feet, more or less, to the beginning of a tangent curve
concave to the west having a radius of 64.00 feet; thence northerly 38.00 feet, more or less, along said curve
through a central angle of 34'01'10"; thence North 09°00'00" East 69.0 feet, more or less, to the beginning
of a non -tangent curve concave to the southeast having a radius of 125.00 feet and to which the beginning a
radial line bears South 71°01'43" East; thence northeasterly 54.91 feet, more or less, along said curve
through a central angle of 25°10'00"; thence on a non -tangent line North 70°00'00" East 85.0 feet, more or
less, to the beginning of a non -tangent curve concave to the northwest having a radius of 102.12 feet and to
which the beginning a radial line bears North 39°07'46" West; thence northeasterly 27.22 feet, more or less,
along said curve through a central angle of 15°16'20" to the southerly line of said Lot 1 as shown on the
Map of "Tract No. 3530"; thence leaving said "350 foot" contour, along said southerly line of Lot 1, South
60°16'41" East feet (called South 60°05'00" East on said "Tract No, 3530") 187.1 feet, more or less, to the
Point of Beginning and containing 1.587 acres of land, more or less.
Two plats, entitled Exhibit "B" and Exhibit "C" are attached hereto and by this reference made a part hereof.
Resolution 18-22 Page 8
Sheet I of 4
Bench Mark: Town of Los Altos Hills No. 13, elevation 244.89 feet (NAVD 88), being a 2" disc on storm
drainage inlet at the northerly side of Bentley Court at Burke Road.
Basis of Bearings: The bearing South 24°35'00" West of the northwesterly line of the said lands of Pang
(Document #23698126) was taken as the basis of bearings herein.
Prepared by or under the supervision of:
Robert C. Hutton, LS 5454
Sheet 2 of 4
Resolution 18-22 Page 9
— — CNAPIN,
—RSD 1 N77°17
30„W
286.00, S77°17'30,, �v
ROS
155.30, hD
;74M 21 o 00 �o
/moo o�/ N77.17'3p„W
/oN �// 255.60' 2N ��
S $p6 o`o P�G�� o N
T 0� �l / Fzo NVQ 6700+` QPSG ���.
off' s (
��� po �O ro� N66 °00'00°E \ o� 452 �R 18S6
j d5 $ CD
` (S82°18'16"W) o
( w' ,o C3 �O
�o $`' 14' 52 E //��a ��
0- FZO RIw� ►�8®24'30"�� \JN 2 PQM N 5 Dc
j� Ns9 27 (N8°° Esso ° �oo� CPQ
°o. 00 ,� p5'o w e N6® Q s oo cV c� N`O�
s 6,
0 0 x-166 O ® (2\ S
PROPOSED 10/.00' WIDE soj �L
RIGHT OF WAY EASEMENT
LOT 1 -TRACT N0. 3217 N LANDS OP PANGoo'�noE
156 MAPS 26 ' ROPOSED 10' PATHWAY EASEMENT
i LANDS OF PIRAMOON
OC. 20487312 (PER DOC. #23698126) / ttK �C,
APN: 175-27-031 / gyp• �o �,�
N0. 13200 EAST SUNSET DR. 350' CONTOUR ®10 0 �10o� P
�0 T 1 0 o165
G'
MAP OF SOS ALTO] HEIGHTS Ate. ® Quo GAS.
(N MAPS 4) QS. ' A;. c / pcpc�o�,gPOg
1 S' LANDS OF COCKS ET AL.
pS' DOC. 24480696P
1 ti
210.39.�..ioO�
APN: 175-27-032 A9 200��1 56�• (, �J\� P�O\�y
NO. 13208 EAST SUNSET DR. 22 �ANp S
LOT 2 — TRACT NO. 3217
156 MAPS 26 J ROBERT C. HUTTON
COURSE DIMENSION TABLE: LS 5454
COURSE BEARING DISTANCE N0
1 N30°06'45"E 68.34' Exp.9-30-22
2 S10°58'10"W 53.64' OF CA�1����\P
3 S24°35 00 W 128.49 E X H I B I T B
NOTE:
THIS IS NOT A BOUNDARY SURVEY AND THE DIMENSIONS SHOWN MAY NOT BE EXACT. SHEET 3 OF 4
B & H SURVEYING, I N 0.901 WALTERMIRE ST., BELMONT, CA 94002 (650) 637-1590
TITLE: VICINITY PLAT TO ACCOMPANY LEGAL DESCRIPTIONS ACROSS THE LANDS OF PANG
TOWN: LOS ALTOS HILLS COUNTY: SANTA CLARA CALIFORNIA
SURV: NONE SCALE.: 1" = 160' FOR: 13210 E. SUNSET DRIVE JOB NO. 7650-20
PLAT: RCH DATE: OCTOBER, 2021 APN 175-27-019 DWG NO. 7650—OpenSpVicinity.dwg
GRAPHIC SCALE
80 o48043'oo",E�
LANDS OF SUCHTER
o DOC. 20167887
APN: 175-27-033
Zq'30"E� \-- "/ 20v NO. 13254 EAST SUNSET DR.
( IN FEET) [N80_ ,., LOT 1 - TRACT NO. 3530
1 inch = 80 ft. - 141.6 4 o ?92 ` 167 MAPS 4
o \ ` V�`15�� Wi 26.30' _ 0 pp E�`� y 'A \ `s60 66 36, go''
J o
65 '50 DRQ ®O =C�ry1 �� s ® �` `\ j s> > �3�r'6' .0 ('V
i�
S� 0 �.M� Q �°�� /A _= 25°10'00" ��'?o .7'
LANDS OF PIRAMOON 3 p4 0 0 / R = 125.00'
DOC. 175-212 �c
O N�� = '
APN; 175-27-031 l L 54.91± ;- �'� � � ®
NO. 13200 EAST SUNSET DR. POINT OF BEGINNING
�� ®�V W
_® O V� �O rn 1p (S;71o�
LOT 1 —TRACT N0. 3217 co' 43„ 1
156 MAPS 26 'z
t
SQ5 350' CONTOUR �I R _ 34°01'10"o64.00'Q��
,`'� ��• \ G N 5 L = 38.00'± o,lQ�dc-,
s N /off°
N- olk
C� P PI
MO 2 � ,50°0
LANDS OF COCKS ET AL. Ro mss, < s! j ops32,, �?�j'�Pr`
DOC. 24480696
NO. 13208 7-03SUNSET DR. SoA ,0� OO P
LOT 2 TRACT NO. 3217
156F\ \ ��Q
MAPS26 'AJ O LEGEND:
DENOTES RECORD DATA PER
CP ��� BOOK 167 MAPS PAGE 4
2p 522 APN ASSESSOR PARCEL NUMBER
NOTES: S61 DOC DOCUMENT
NO. NUMBER
1.THE BOUNDARY OF THE LANDS OF PANG SHOWN HEREON IS BASED ON A FIELD SURVEY BY B&H SURVEYING
DATED SEPTEMBER 2021. SAID SURVEY TO BE FILED AS A RECORD OF SURVEY AT SANTA CLARA COUNTY.
2. THE 350' CONTOUR HEREON WAS SCALED FROM A BOUNDARY & TOPOGRAPHIC MAP PREPARED
BY PAT MCNULTY, LS, DATED DECEMBER 2015 JOB #40-15.
3. BENCHMARK: TOWN OF LOS ALTOS HILLS NO.13 ELEVATION 244.89'(NAVD 88) - 2" DISC
ON STORM DRAINAGE INLET NORTHERLY SIDE OF BENTLEY COURT AT BURKE ROAD. 0ND S�
BASIS OF BEARINGS:
THE BEARING S 24°35'00"W OF THE NORTHWESTERLY LINE OF THE LANDS OF PANG ROBERT C, HUTTON10
AS DESCRIBED IN DEED DOCUMENT NO.23698126, RECORDS OF THE COUNTY OF No. Ls 5454
SANTA CLARA WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON.` Exp. 9-30-22
E X H I B I T C OF cN��F°��,�Q
SHEET 4 OF 4
B & H SURVEYING, I N C 901 WALTERMIRE ST., BELMONT, CA 94002 (650) 637-1590
TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
TOWN: LOS ALTOS HILLS COUNTY: SANTA CLARA CALIFORNIA
SURV: NONE SCALE: 1" = 80' FOIJEJ,�g„1A_2F. SUNSET DRIVE JOB NO. 7650201
PLAT: RCH DATE: DECEMBER, 2021 APN 175-27-019 DWG#7650-Open Space-EasePIat3.dwg