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HomeMy WebLinkAbout17-18 V S RESOLUTION 17-18 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF WANG) WHEREAS, Frank Wang ("Owner") owns the property commonly known as 26096 Todd Lane (APN 175-24-063), 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. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 22nd day of March, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSENT: None ABSTAIN: None ,(/ ohn Radford, Mayor ATTEST: lJ(�� Deborah PadCity Clerk Resolution 17-I8 Page I V 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 a day of February, 2018, by and between Frank Wang, ("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 26096 Todd Lane, Los Altos Hills, California(APN 175-24-063). 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 17-18 Page2 V �► I. 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. Resolution 17-18 Page 3 410 1410 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: February 21 2018 - _ a Wang q TOWN OF LOS ALTOS HILLS: Date: /ttrh 0 , 2018 ///J]/���y///p//, }.�7/ yor John Radford ATTEST: �i�<-CJ�d�L�.X. City Clerk-Deborah Padovan Resolution 17-18 Page 4 V 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ...,W,4'1 cM_ T<...<,wr. r .- Z4.zr. . . nj7.,> tart....r . .a...,.r. . ....l .a......<. 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 Californiarn ) County off,I,�San--a Clara ) 1, „,� , p r—f On ` . 2-� 2-Ole) before me, SuzenntAv( Ia, lv V ublisc, Dae j ' 1 Here Insert Name and Tile of the O icer personally appeared E1(anV- Vv v_ me(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name,Qare- subscribed to the within instrument and acknowledged to me that®sbe/hey executed the same in er/fheir authorized capacity(ies),and that by 04 - •-7 signature on the instrument the persorl(9), 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 _ __ _ n1rn441m AlinvCa /2142020 [r is true and correct. : Silu A2OA E WITNESS my hand and official seal. ._ 1I-S.�• ' Wiry Pubk•CYMoni+ V.^% sirs Clan Carty 2-070 NN �.r YiCaer.ben Mn 10,2020 Signature re r-.�o�It O� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document - -c-ge ci- ;emnQn.& Title or Type of Document: Al IraD nene C"Or O n 9ocument Date: )0 x(47 Number of Pages: 3 Signer(s) Other Than Named Above: J fJk n rd) Capacity(ies) Claimed by 919'1131 1s) Signer's Name: Fief/11C W 9.10 Signer's Name: ❑Corporate Officer — Title(s): .l ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑Limited E eneral $Individual ❑Attorney in Fact ❑ Individual ■ orney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: /�� ❑ Other: Signer Is Representing: �-1 r Sign- Representing: ©2014 National Notary Association •\www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item 45907 Resolution 17-18 Page 5 fro rri� 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: March 28, 2018 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 17-18 Page 6 Codified as a true COPY 6110 By RESOLUTION 17-18 City Clerk of the Tovmof Los Altos Ha RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOSALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF WANG) WHEREAS,Frank Wang ("Owner") owns the property commonly known as 26096 Todd Lane (APN 175-24-063), 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 Easementisessentially 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 special meeting held on the 22nd day of March,2018 by the following vote: AYES: Radford, Spreen, Corrigan,Waldeck,Wu NOES: None ABSENT: None ABSTAIN: None � BY: ohn Radford, Mayor ATTEST: Deborah Pads Clerk Resolution 17-18 Page 7 Resolution 17-I8 • Pagel sir vd EXHIBIT A LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF WANG 26096 TODD LANE,LOS ALTOS HILLS,CA An easement over a portion of Lot 10 as shown on that certain map of Tract No. 3698, recorded in Book 175 of Maps, at Page 46, Santa Clara County Records and conveyed to Frank Wang by grant deed, filed November 21, 2013,recorded as Document Number 22449940, Official Records of Santa Clara County, situate in the Town of Los Altos Hills, County of Santa Clara, State of California,and being more particularly described as follows: BEGINNING at a point on the southerly line of said Lot from which the southeast corner of said Lot bears, S 87°14'28"E, 14.07 feet; Thence,westerly along said southerly line,N 87°14'28"W, 82.19 feet; Thence,leaving said southerly line and across said Lot 10 the following six (6) courses: 1. N 07°15'47" W, 14.09 feet, 2. N 00°44'40"E, 35.04 feet, 3. N 18°25'53"E, 19.66 feet, 4. N 04°45'18"W, 12.65 feet, 5. N 19°16'31" W,27.53 feet, and 6. N 09°22'26"W, 88.86 feet to the southerly right-of-way line of Todd Lane; Thence, along the said southerly right-of-way line the following three (3) courses: 1. From a tangent bearing of S 69°24'29"E, along a curve to the right,having a radius of 175.00 feet, through a central angle of 04°43'33", an arc distance of 14.43 feet, 2. S 64°40'56"E,27.54 feet, and 3. Along a curve to the left, having a radius of 225.00 feet,through a central angle of 09°07'54", an arc distance of 35.86 feet; Thence, leaving said southerly right-of-way line and across said Lot 10 the following four(4) courses: 1. S 15°11'11"E, 30.44 feet, 2. S 21°31'47" E,43.10 feet, 3. S 00°47'49" W, 59.51 feet,and 4. S 10°28'04" E, 39.47 feet to the POINT of BEGINNING. Containing 13,252 square feet, more or less. a1 6 "b•e� Prepared on January 15, 2018 by E-�i �9/i KM Land Surveyors \ ek IJn.643 �\ \\\- 0 433 + P.><p'I Z 3' ' Tom H. / 11:N\ . Milo LS No. 6438 \\Jj, �Q' Expiration Date 12/31/2018 \�TF ‘c,,,,,/ .,.. CP •% Page 1 of 2 Resolution 17-18 Page 8 V 4 EXHIBIT B L�49 FOUND 3/4"IRON PIPE LOT2 IN MONUMENT WELL, WITH TACK AND LOTS LANE ( 50 ' R/ry TAG(TAG ILLEGIBLE) rc O V 69 p_5�'34 ff2.0•00 PER 175 MAPS 46 • \./ i 5_7' 29'34"' _ 5 60 61.17; _�77g OO 954q?54 R�78. 75. N9 DoE ��:��— �,57' 46 01" R, 7 '~4 2?51,4 55,' 4,22.33032 ,. Obi 000 / 035,31"W i 88.522•3332 „ _ g f� 52 9 - c4 FOUND 3/4"IRON PIPE r IN MONUMENT WELL,WITH TACK ANDTAG(TAG ILLEGIBLE)N PER 175 MAPS 46 toco c\. 16A 26096TODDLANE `gy . 2•N APN 175-24-63 <p I LOT 0 ��i A LANDS OF WANG I "A Q0.� DOC.#22449940 1 r tg_.1 4i` LOT 10 a O \ TRACT NO. 3698 � " � In �O" 29� BK. 175 MAPS PG.46 I _ ItCo �� \• • r 1 14.07' J 36.59' _ 88.74' �, f N87'14'28"W 185.00' LOT2 POINT OF LINE BEARING DISTANCE TRACT NO.29[so BEGINNING L1 815'11 '11"E 30.44' \ 0 50 100 150 L2 S21'31 '47"E 43.10' === L3 SO0'47'49"W 59.51 ' L4 S10'28'04"E 39.47'' CURVE DELTA ANGLE ARC LENGTH RADIUS L5 NOT 15'47"W 14.09' \ C1 90'00'00" 31 .42' 20.00' L6 N00'44'40"E 35.04' C2 4'43'33" 14.43' 175.00' L7 N18'25'53"E 19.66' C3 9'07'54" 35.86' 225.00' L8 N04'45'18"W 12.65' C4 13'25'38" 52.73' 225.00' L9 N19'16'31 "W 27.53' L10 N09'22'26"W 88.86' PLAT TO ACCOMPANY LEGAL DESCRIPTION --ct7b-4;U FOR 5F' M 9j�F, OPEN SPACE EASEMENT VF,, .S. <O 73 LANDS OF WANG 26096 TODD LANE, LOS ALTOS HILLS, CA No. •" ; I ndn DRP Z 31 J' • I . ■ A A 225(1 BohanDrive '.- j,� ' 1V1 San Clara, qA 95050 q _ 40815.8855/phone .' OF CPC'-;/ .1 Land Surveyors 408/615.1556 fax I Resol' dt122 OF 2 Page9 Polyline Report Tue Jan 30 13: 36: 43 20. Northing Easting Bearing Distance 4330. 722 6097 . 639 N 87°14 '28" W 82. 193 4334 . 678 6015. 541 N 07°15' 47" W 14 .092 4348 . 658 6013. 760 N 00044 ' 40" E 35. 039 4383. 694 6014 .215 N 18°25 ' 53" E 19. 663 4402. 348 6020 . 432 N 04°45 ' 18" W 12 . 648 4414 . 953 6019.383 N 19°16' 31" W 27 .528 4440. 938 6010 .296 N 09°22 '26" W 88 .864 4528 . 615 5995. 822 Radius: 175. 000 Chord: 14 . 430 Degree: 32°44 '26" Dir: Right Length: 14. 434 Delta: 04 °43 ' 33" Tangent: 7 .221 Chord BRG: S 67°02 ' 42" E Rad-In: S 20°35 ' 31" W Rad-Out: S 25°19' 04" W Radius Point: 4364 . 796, 5934 .273 4522. 987 6009. 110 S 64°40 ' 56" E 27 . 540 4511. 210 6034 . 005 Radius: 225. 000 Chord: 35. 822 Degree: 25°27 ' 53" Dir: Left Length: 35. 860 Delta: 09°07 ' 54" Tangent: 17 . 968 Chord BRG: S 69°14 ' 53" E Rad-In: N 25°19 ' 04" E Rad-Out: N 16°11 ' 10" E Radius Point: 4714 . 599, 6130 .223 4498.518 6067 . 503 S 15°11 ' 11" E 30 . 440 4469. 140 6075 . 477 S 21°31' 47" E 43 . 104 4429. 044 6091 .295 S 00°47 ' 49" W 59. 512 4369. 538 6090 .468 S 10°28 ' 04" E 39. 472 4330. 722 6097 . 639 Closure Error Distance> 0. 00000 Total Polvlinie13252 . 0 Distance> 0 so ft. 0. 3 acres 44, (1‘767/1 t/(�411, ea Na. Exp. 3 *) Q ' c Resolution 17-18 Page 10