HomeMy WebLinkAbout62-18 RESOLUTION 62-18
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(L,ANDS OF WANG AND YU)
WHEREAS,Jeffrey Wang and Amy Yu("Owner")own the property commonly known as 12735
Alto Verde Lane(APN 175-54-016), 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'rown 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 19" day of July, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan, Waldeck, Wu
NOES: None
ABSTAIN: None //� /�
ABSENT: None �rc^—� �'^'/� '.��' ..~�
BY:
obn Radford,Mayor
Res.WL.62-18 Page I
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hilts
And is Exempt from Fee
Per Goeemment Code
Sections 61.03 and 27383
When Recorded,Mail to:
Tnwn of I.os Altos Hills
26379 Fremont Road
Los Altos Hilts,CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement for Open Space Easement ("Agrecatent") is made and
entered into this2-T%ay of May, 2018,by and between Jeffrey D. Wang AND Amy J.Yu,
C`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 12735 Alto Verde Lane, Los Altos Hills, California (APN 175-54-
016).
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 Exlubit A attached hereto, by dedication of an open space
casement in order to reduce potential adverse impacts on such land including grading,
vegetation removal, and erosion,recognising 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 62-I$ Page 3
1. Grata of Open Space P.asement. 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 Exli bit A,
(the "Property"), to have and to hold said open space easement for the tern and for the
purposes and subject to the conditions;covenants, and exceptions described herein.
I 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 naming 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), a well,
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. ExMtums. 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.
ae olution 62-18 Peg,4
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.
& Temt 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: ,.. ..,
2d2018
Date: May_tt 20]8
Jeffrey D.7fing
Amy J. Yu .......
TOWN OF LOS ALTOS HILLS:
aao,X01
Date: May
20188
fd'ayor John Radford
ATTEST: —
City Clerk-Deborah Padovan
"Al CERTr'
*ArrACkE
Resolution 62-18 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer complering this oemficate verifies only die identity of the individual who signed
the document to which this cerdfioate is attached,and nor the truthfulness,accuracy,or validity of that document.
State of California
Countyof fnarneoll
On V1 12-01 before me,v`/LLw KA (w�..'r Notary Public,personally appeared
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 we/she/they executed the same
in his/her/their authorized capaary(ies), and that by bis/herytheir 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 foregoing paragraph
is true and correct. ®IIIIIIIINIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN%IIMIXIIIIXIIIIIII�
HARINDER KAUR JHAJ-
WITNESS MY HAND AND OFFICIAL SEAL. 1,9
COMM.k2121n4 =
a NOTARY PUBLIC-CALIFORNIA
AIAMEDACAUNIY v
My Comm.Ery.Aug 28,2019 1
1( '�' If�''`�1 YIIIIIIIIINIIIIIXIIIXIIIIIIIIIINIIIIIIIIXIIIIIINIIIIIIIIIIIIIRINXMtlXIINI�
Signature of Nasty Public (Notary Seal)
OPTIONAL INFORMATION
The atknowkdgmeai contained sitbin ibis dat eet is in atmrdana mth Cakfamia Ime Any orbfuate of atkn ledgsment
peifomed soden the State of Cagonia shall we the pmroding marditrg parraaat to Civil Code ienion 1189. M aeknowledg-
mmr canna[be a8 ed ro a document.sear by marl or orberwis<deb'Ve.d ro a Henry public,ladudug ehemoraic
meenq whereby Ne signer did no[ pemanaOY PPnr bU rbc notary public even iJ Ne ugnu is.brown by rlx
novrypubb'c. In addidoy rbc rorrec[nomrid wording can wily be signed cad ceded bya nomrypubl+'e l sed
and a�arwe tamer be st!ixed m e docmnenr wirhou[the romctnobNd mordy8.
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER
hgree Mer Yv op:n-�dm �Oid�WErll Individual
(ride of document) Corporate Officer
Numb-of Pages Uf (Ircludivg aelnomledgmevt) partner
Document Dace M" 2,," IS Artomey-In-Fact
Trustee
Other:
wwtxv x.msw.usauneeesoN ....romexa.y.M
Resolution 62-18 Page 6
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 July 20, 2018, before me, Deborah L. Padovan, Notary Public, personally appeared John
Radford,who proved to me on the basis of satisfactory evidence to be the persor4if(whose name(i j
is/ere subscribed to the within instrument and acknowledged to me that hetsheAhey executed the
same in hislher/Lheir authorizedcapacity(iea} and that by his/herhheir signaturo(sjron the
instrument the person, or the entity upon behalf of which the perso� 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. �r�,�,.�
7 I L FM�D9Yiu1
! Notary
ypuIpn California
uPoDIa California
Signature: (Seal) �w+r � CeumyIt
20101
aesoWGon 62-I8 Page'I
I/,Cdet�M-�e�d/as a 6uecePY
sy
RESOLUTION 62-18 City Clark of the Town d Los Altps MA6
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OFF QS ALTOS HELLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF WANG AND YU)
WHEREAS,Jeffrey Wang and Amy Yu("Owner")own the property commonly known as 12735
Alto Verde Lane(APN 175-54.016), Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Pian 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 19s'day of July,2018 by the following vote:
AYES: Radford,Spreen,Corrigan,Waldeck,Wu
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford,Mayor
Resolmion 62-I8 Page 3
Resalufiw 6248 Page i
EXHIBIT"A"
LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
LANDS OF WANG AND YU
12735 ALTO VERDE LANE
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 JULY 20,2015 AS
DOCUMENT NG.23023973,BEING DESCRIBED AS LOT 18 IN BLOCK L AS SHOWN ON THAT CERTAIN MAP
ENTITLED"TRACT NO. 1926 FREMONT HILLS UNIT NO.2",FILED MAY 21, 1957 IN BOOK 81 OF MAPS,
PAGES 40-41 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 18; THENCE ALONG THE WESTERLY
AND NORTHERLY LINE OF SAID LOT 18 THE FOLLOWING FOUR COURSES:
1) NORTH 05054'00" WEST 48.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 02036'00"AND A RADIUS OF 1030.00 FEET;
2) THENCE NORTHWESTERLY ALONG SAID CURVE,46.74 FEET;
3) THENCE NORTH 08030'00"wEsT 61.94 FEET;
4) THENCE NORTH 56000'58"EAST 80.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 18, SOUTH 12034'43" EAST 171.25 FEET TO A
POINT IN THE SOUTHERLY LINE OF SAID LOT 18; THENCE ALONG SAID SOUTHERLY LINE, SOUTH
68022'02"WEST 90.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,092 SQUARE FEET,MORE OR LESS.
THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT"B"AND BY REFERENCE MADE A PART HEREOF.
END OF DESCRIPTION
PREPARED BY OR UNDER
THE SUPER ISION OF: ��
MICHAEL L W s PLS 5528 MAY 25,2018 ,'� SEO LAND ''SURy`°'
�T N
t No. LS 5528
* Exp.e
OF C p-\
Page I of 2
Resolution 62-I8 Page 10
LEGEND
— — BOUNDARY UNE ABBREVIATIONS
4 OR QMC1AL RECORDS
ADJACENT PROPERTY LINE ` GPE EN RAL PUBLIC
) WA-- OPEN SPACE EASEMENT SO FT R�FEET
— -- — — — — — EQSTiNG EASEMENT a
CENTERLINE40
L01 4�
! d Wim' 1 (5235 D=71'5325"
r EA W` R-404V
J 4 LR50.19' 1 u
M m !N !Z 00
ch
= c
tJ ^ LANDS OF WANG & YU 5.
a
OPEN SPACE DOC. 230239730
4 F aF cati``
EASEMENT LOT 18 BLOCK L
D=2.36'00' ! 130sz S0. TRACT NO. 1926
R=1030.00' a FT, 4./— -p-
L-46-74'
j— -
g1 MAPS 40-4? w A
L-46.74' tiv
/ .. 5' G.P.E 5' G,P,E`
o (81 M 40) (81 M 40 ((
D��
s6saz'oz"wLOT4511T}}— SOS } 0 25 50 100
RITN�G BLOCK L—TRACT NO. 1926
81 M 40-41 SCALE. ,=W
EXHIBIT "B"
12 LEA e sum emem No. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
' s • u sins OPEN SPACE EASEMENT
SAY AREA KOM UMAWNT9"L'tl9" FOR 12735 ALTO VERDE LANE
s wo ws varc vw 3M]o-wwa.�s ata Soo-
("jpP)"""1b•°"'°""°1815 LOS ALTOS HILLS, SANTA CLARA COUNTY,
(f) Colla)eat-_rods CP) (wa)98433w f f
(� (P16)191-1383 CALIFORNIA
APN: 175-54-016 21 58
PA 2 DRAWN BY: M.J. WALTERS MAY 25, 2018
OPEN SPACE ESMT.tXt
---------------------------------------------- nJ 4 Pa ---------
Parcel name: OPEN SPACE ESMT
Line course: N OS-54-00 w Length: 48.24
curve Length: 46.74 Radius: 1030.00
Delta: 2-36-00 Tangent: 23.37
chord: 46.74 Course: N 07-12-00 w
Course in: s 84-06-00 w course Out: N 81-30-00 E
Line Course: N 08-30-00 w Length: 61.94
Line Course: N 56-00-58 E Length: 80.00
Line Course: 5 12-34-43 E Length: 171.25
Line course: 5 68-22-02 w Length: 90.00
Perimeter: 498.17 Area: 13,083.61 sq.ft. 0.300 acres
Mapcheck Closure - (uses listed courses and chords)
Error Closure: 0.0139 course: N 11-38-49 w
Error North: 0.01357 East -0.00280
Precision 1: 35,839.57
� n • a
N LS 5528
E
Ip
OF CAUE��
Page 1
1 Resolution 62-I8 Page 12