HomeMy WebLinkAbout50-06 • •
RESOLUTION NO. 5 0-0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Kim)
WHEREAS, Young S. Kim and Keum J. Kim, husband and wife ("Owners") own the
property commonly known as 13686 Page Mill Road, 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 Owners have offered to enter into an agreement for open space easement
attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owners and the Town recognize that the land subject to the Open Space
Easement Agreement 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 Owners;
WHEREAS, the Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to exec to the Open Space Easement Agreement.
PASSED AND ADOPTED this ZZ day of , 2006
BY: ` '''` ,
11 . ,
A T:
City Clerk
#656294v1
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Attachment A
Open Space Easement Agreement
#656294v1
• Attachment A to Resolution 50-06
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DOCUMENT: 19361172 Pages: 8
Fees. . . . * No Fees
Taxes. . .
This Document Is Recorded II III II III II I II I III I II
For the Benefit of the Cop i es I .
AMT PAI D
Town of Los Altos Hills
And is Exempt from Fee REG 1 NA ALCOMENDRAS RDE # 001
Per Government Code SANTA CLARA COUNTY RECORDER 3/28/2007
Sections 6103 and 27383 Recorded at the request of 1 1 :37 AM
When Recorded,Mail to: City
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
Thisiyreemen for Open Space Easement ("Agreement") is made and entered
into this zday of ,, . 006, by and between Young S. Kim and Keum J. Kim,
husband and wife (` I ers") and the Town of Los Altos Hills, a municipal corporation
("Town").
RECITALS
A. Owners own that certain real property in the Town of Los Altos Hills
commonly known as 13686 Page Mill Road,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 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:
• 411/
1. Grant of Open Space Easement. Owner, as grantors, hereby grant 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 declare 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 and paths dedicated to the Town
or an approved septic system, 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; and
d. against the cutting of vegetation, except as may be required for fire
prevention, thinning, elimination of diseased growth, and similar measures; and
e. against any plantings other than native vegetation; and
f. against the erection of structures other than lawful fences or 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.
III ' •
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.
OWNERS:
Date: u41 e e 7 , 2006
--(---' 111 —
Young .
16_,„/7
Date: T&11 P 2 , 2006 —____
eum J. Kim y
i ' 'k OF a - A TOS HILLS:
Date: 6 - Z 2 2006 �`'� ,
►� . or
ATTEST:
City Clerk
411' •
STATE OF CALIFORNIA
ss:
COUNTY OF&i d. C .
OnzJW 7 , 2006, before me�t`ie undersigriet �ublic, personally appeared
\fcrin tx.Lvi cuici (< Yn ism , proved to me on the basis of satisfactory
evidence to be the personswhose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that the
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS-111 ,and and official seal. KARTHIK A MOULIE
Commission#1432832
z€7-' � Notary Public-California
I'Lp Santa Clara County
Signature `" My Comm.Expires Jul 29,2007
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On , 2006,before me, the undersigned Notary Public, personally appeared
, personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that the
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
•
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
LAV
EXHIBIT "A" « O. 7078
Legal Description of the FXp4/274 ' t
Open Space Easement
Over the Lands of Kim L' '`
Los Altos Hills, California 6 Z7• D
All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of
California, described as follows:
Being a portion of the Lands of Kim as described in that certain Grant Deed recorded on
December 3, 2004, as Document#18124847, in Santa Clara County Official Records, being more
particularly described as follows;
BEGINNING at the northeasterly property corner of said Lands of Kim, and along the northerly
boundary line of said Lands of Kim, South 85°40'00"West,49.73 feet;
Thence,leaving the northerly boundary line of said Lands of Kim, South 38°32127"East, 38.07
feet;
Thence, South 36°20'00" East, 40.25 feet;
Thence, South 55°20'00" East, 20.24 feet;
Thence, South 37°15'19" East, 40.71 feet;
Thence, South 54°52'10" East, 38.50 feet,to a point on the southerly boundary line of said Lands
of Kim;
Thence,along the southerly boundary line of said Lands of Kim,North 85°40'00"East, 65.58
feet,to the most easterly property corner of said Lands of Kim;
Thence, proceeding along the easterly boundary lines of said Lands of Kim,North 55°12'00"
West, 94.18 feet;
Thence, continuing along the easterly boundary lines of said Lands of Kim,North 38°44'00"
West, 94.00 feet;to the POINT OF BEGINNING;
Containing 7,413 square feet, more or less.
End of Description.
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* EXP. 12-31-06 *
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♦ Giuliani Sr KullInc. SCALE: 1"= , PLAT TO ACCOMPANY
DATE: 5/30 06 LEGAL DESCRIPTION
Engineers • Planners • Surveyors DRAWN: C.M. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: C.M. LANDS OF KIM
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 05172
Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS. CALIFORNIA
F\2A05\0.5172\deg\05172PLAT.dsg 4/12/2006 a2O56 PH PDT
•
RESOLUTION NO. 5 0—0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Kim)
WHEREAS, Young S. Kim and Keum J. Kim, husband and wife ("Owners") own the
property commonly known as 13686 Page Mill Road, 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 Owners have offered to enter into an agreement for open space easement
attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owners and the Town recognize that the land subject to the Open Space
Easement Agreement 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 Owners;
WHEREAS, the Open Space Easement Agreement 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 Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to exec to the Open Space Easement Agreement.
it
PASSED AND ADOPTED this ZZ day of , 2006
BY: � .
LA . •
AT: Certified as a flue copy
City Clerk By CI Clerk o • Own of os Altos Hjlis
#656294v1