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HomeMy WebLinkAbout50-18 RESOLUTION 50-18 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF NW AND LUO) WHEREAS,Feng Niu and Xixi Luo("Owner")own the property commonly known as 14510 Manuella Road(APN 175-05-008), 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21"day of June, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: / ohn Radford, Mayor EST: / .-- Deborah Padovan, City Clerk Resolution 50-I8 Page 1 Attachment A 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'AAgreem t�or Open Space Easement ("Agreement") is made and entered into this t�u day ofepr2018,by and between Feng Niu AND Xixi Luo,("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 14510 Manuella Road, Los Altos Hills, California (MN 175-05- 008). 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 50-18 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, (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 50-18 Page 3 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: D� / � , 2018 Feng Niu }.lglat>=tZr PKTE LEAS/E. 4£f Tiff tr fi CAMP Xixi Luo TOWN OF LOS ALTOS HILLS: Date: JUNE 0 , 2018 r John Radford ATTEST: " ayoA City Clerk-Deborah Padovan Resolution 50-18 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 suuE 1ST) .zfiC before me, ,TRC MinhQluar Notary Public Date Here Insert Name and Title of the Officer personally appeared CA- 1-ti e 0 "�- 1• e(s)of Signe s • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ris/are subscribed to the within instrument and acknowledged to me that he/ebb/they executed the same in pis/her/thelr authorized capactty(les),and that by Ns/WY/their signature(s)on the Instrument the person(s), 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 foregoin aragraph is true and correct. ' ^'c WITNESS my han• .� al seal. Coque x21701/3 NotaryauW¢Califolinla 5 1a ',t Santa Clara County dor ! r _ cammaapaa.ace 3a zo2o t Signetu : 1 ign-turn of No ary 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 Title or Type of Document:AGfEat 1=W - 0& Srp-er ENS€MEA"1 Document Date: MANE a Is :0118 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signals) Signer's Name: (" 'hULI Signer's Name: 'KIM lK� ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — O Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual 0 Attorney in Fact ❑Trustee ID Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: - 0 Other: Signer Is Representing: Y EC> Signer Is Representing: YES 02016 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item 4/5907 Resolution 50-18 Page 5 Certified as a Ofrue copy RESOLUTION 50-18 BY XyCle ownofLosAIWsHpb RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF MU AND LUO) ---".. - --- "-- WHEREAS,Feng Niu and Xixi Luo("Owner")own the property commonly known as 14510 Manuella Road(APN 175-05-008), 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; WHFREAS, 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21't day of June, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: ohn Radford,Mayor AA EST: /oort / Deborah Padovan,City Clerk Resolution 50-I8 Page 6 Resolution 50-18 Page I EXHIBIT"A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF MU AND LUO 14510 MANUELLA ROAD TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA AN EASEMENT SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,OVER A PORTION OF THE LAND DESCRIBED IN THAT CERTAIN DEED,FILED JUNE 15,2017 AS DOCUMENT No. 23674872, BEING DESCRIBED AS LOT 45, AS SHOWN ON THE MAP OF TRACT No. 1286 PINECREST HEIGHTS, No. 2, FILED MAY 18, 1954 IN BOOK 50 OF MAPS, PAGES 14-15 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 45, THENCE ALONG THE WESTERLY LINE OF SAID LOT 45, NORTH 48°24'10" WEST 48.03 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 45,NORTH 58°42'57"EAST 52.02 FEET,THENCE NORTH 65°14'28"EAST 125.97 FEET;THENCE NORTH 76°15'56"EAST 58.43 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 45;THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHERLY LINE OF SAID LOT 45 THE FOLLOWING TWO(2)COURSES: 1) souTH 30°56'05"WEST 103.83 FEET; 2) SOUTH 73°53'50"WEST 131.47 FEET TO THE POINT OF BEGINNING. CONTAINING 11,305 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT"B"AND BY REFERENCE MADE A PART HEREOF. EM)OF DESCRIPTION PREPARED BY OR UNDER THE S ERVISIONOF: "'^ �, 49 SND Sin✓ MICHAEL J. ALTERS PLS 5528 MAY 29,2018 JFA`,t,P,E'.t J. 14/40,gc^f0?� No. LS 5528 @ # Exp.� � ! Q �T4Tf OF CAUFoQ�\ Page 1 of 2 Resolution 50-I8 Page 7 co c. 8 & - w Z CD f CD Cl- k ( \ } r Cc_ Lc1 qu > \ �� al } ciZg § o 0 7 owl ° v« : j 1ill 41Ig 0 ± & o : < E El ® « § § ac - § ` \ `963•C' I § / \ § � « 3@ r � � \ 21 �n ® 2I k ° kF \ t « « e m ~ o /- Otoy \ \e ± 0 c § § \ ® io/ . 82 = % » § j ® ^ 7 " > % %3� %% \ 2 � � r \ \ © \\> // jC3 00 � � ^ K % Cs % \ + N \7, o 2 / �* ,moo § _ a \ e } § rr pa % ze /\ 1 y /�� °% ) z § S ^Z z / .G: 9,4- ° ° la \ �^ § ) § \ lbw .. c W [ © &R\ ar '\ ° %@� / \ /�A°6 \| , \ # 0 = _ . ¥. w=� Z w 1 I®� » 9 {\ > \\ :w . . .+