HomeMy WebLinkAbout77-18 RESOLUTION 77-18
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF EVERSHINE III,L.P. AND MICHAEL Y. J. CHAN TRUST)
WHEREAS,Evershine III, L.P. and Michael Y.J. Chan Tmst("Owner") owns the property commonly
known as 12815 Deer Creek Lane (APN 175-43-047), 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 regular meeting held on the 20" day of September, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan Waldeck,Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY: dZ-�
ohn Radford,Mayor
ATTEST:
�
Deborah Padovan, City Clerk
Resolution 77-18 Page I
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 27393
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 may of August,2018,by and between Evershine HI,L.P.AND Ttvstees
of the Michael Y.J. Chan Trust, ("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 12815 Deer Creek Lane, Los Altos Hills, California(APN 17543-
047).
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 pradi)tg,
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 77-I8 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),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
C. against any plantings other than native vegetation; and
£ 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 77-I8 Page 3
S. 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 Aereement. 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: August /5 2018 / --Z'�yzf
Ev&shine III,L.P.,a California
limited partnership
By: Everbright I,LLC a California
limited liability company
By:Annie M.H. Chan,Items Manager
W U�
Myong SbhrWoo,Trustee
S r
Kim,T
TOWN OF LOS ALTOS HILLS:
06,o r 117a
Date: �8t8
L>Kyor John Radford
ATTEST:
City Clerk-Deborah Padovan
Re alu ion 77-I8 P,g 4
INDIVIDUALACKNOWLEDGMENT
AN 5 tmn
tate p' On this theay of Mo rear
d\ ss.
Con ry of } before me, Do,! K.Lonokapu I..,. n
Nama of Nobn Public
the undeNolar Public, personally appeared
Namala,o�—'„'personalto me❑ proved tthe basis of satisfactory evidence
to be th (s) whose name(s) is/are subscribed
to the instrument, and acknowledged that
he/she/thed it.W NESSd and lic�seal.
Sg,alure of Nolary Pubic
�$ Dori K.Lonokapu-Sablan
Notary Public,Stale of Hawaii
My commission expires: May 19,2022
fdf7'fAffM OLP400 CERTIFIDk.T10N
Dari K. Lonokapu- ablan F`st Ci'cuit
Roc. Des iplion: r
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Notary Signatur Date
Resolution]]-18 Page 5
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 ?AMR e+-PRA ) £ (�
OnAUkS I Z3 � 'Ioi 9- before me, N rkdA)y ) . L( r— AJOTA � 1 d?L$ IL
Date fr� / Here Insert Name and tle of the Officer
personally appeared m /O, Jh41N 'go
4 gumGKOOK mirl
Names)of Signer(s)
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(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.
_ WITNESS my hand and official seal.
Signature P
Signature offAlotary 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 r IS )�'
Title or Type of Document:A} 44EV t- j-0ZC S�LlsD6 '�iYDate: d
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): -1 Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General -] Partner — O Limited ❑General
❑ Individual ❑Attorney in Fact 7 Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Raolution 77-18 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 October 1, 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 person(O-whose names}
is/are subscribed to the within instrument and acknowledged to me that he/4w4d ey executed the
same in his{hetftfi0tr authorized capacity(ies), and that by his+erMrir signatureFa} on the
instrument the person, or the entity upon behalf of which the persort(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. oeeowta L wtoovul
Coned 1I.21043MM
xofur rueae•calumnda
aua&Clan cc"
Comm. 10 4019
Signature: Q4 (Seal) Le
Raulu ion 77-18 P.,7
Certified as a he crM
RESOLUTION 77-18 �q
CRY Clerk of the Town of Los Altos HNIs
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT - -- --
(LANDS OF EVERSB INE HI,L.P.AND MICHAEL Y.J. CHAN TRUST)
WHEREAS,Evershine III, L.P. and Michael Y.J. Chan Trust("Owner") owns the property commonly
known as 12815 Deer Creek Lane(APN 175-43-047), 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 fords 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 20`"day of September, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan Waldeck,Wu
NOES: None
ABSENT: None
ABSTAIN: None
BY: K
ohn Radford,Mayor
ATTEST:
�
Deborah Padovan, City Clerk
Resolution 77-18 - Page 8
Resolution 7-18 - Pup i -
EXHIBIT"A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
FOR THE BENEFIT OF THE TOWN OF LOS ALTOS HILLS
LANDS OF EVERSHINE 114 L.P.AND TRUSTEES
OF THE MICHAEL Y.J.CHAN TRUST
12815 DEER CREEK LANE
TOWN OF LOS ALTOS HILLS,CA
EASEMENTS OVER CERTAIN REAL PROPERTY, SITUATE M THE TOWN OF LOS ALTOS HILLS,COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL I OF TRACT NO. 10067 FILED
AUGUST 7, 2013, IN BOOK 863 OF MAPS PAGES 38.41, RECORDS OF SANTA CLARA COUNTY,STATE OF
CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AREA 1:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL l; THENCE SOUTH 74°27'52" EAST
432.32 FEET A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF DEER CREEK LANE,AS SAID RIGHT OF
WAY IS SHOWN ON SAID MAP, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
RIGHT OF WAY LME, NORTH 17°10'49" EAST 35.08 FEET; THENCE NORTH 47°51'19" EAST 25.00 FEET;
THENCE SOUTH 89°15'51"EAST 70.73 FEET;THENCE SOUTH 43050'38"WEST 17.74 FEET TO A POINT ON
SAID NORTHERLY RIGHT OF WAY LINE OF DEER CREEK LANE; THENCE ALONG SAID RIGHT OF WAY LINE
SOUTH 67°16'03"WEST 94.48 FEETTO THE TRUE POINT OF BEGINNING.
CONTAINING 2,349 SQUARE FEET,MORE OR LESS.
TOGETHER WITH THE FOLLOWING:.
AREA 2:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1;THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 1, NORTH 68°20'38" EAST 292.30 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAB)NORTHERLY LINE OF SAID PARCEL 1,NORTH 68°20'38"EAST 281.99
FEET,THENCE LEAVING SAID NORTHERLY LINE OF SAID PARCEL 1,SOUTH 38023'37'WEST 156.00 FEET
THENCE SOUTH 82000'22"WEST 60.00 FEET;THENCE NORTH 87026'58"WEST 35.10 FEET;THENCE NORTH
70032'22"WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 12,594 SQUARE FEET,MORE OR LESS.
THE ABOVE DESCRIPTIONS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY REFERENCE MADE A PART
HEREOF.
END OF DESCRIPTION E�LAND SUq
PREPARED BY OR UNDER
THE SUPERVISION OF:
JULY 31,2018
MICHAEL J.W Rs PLS 5528 DATE No. LS 5528
+. ,t Exp._._
9 OF CAL\FOS
PAGE 1 OF 2
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Resolution77-18 P'g 9
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C T OF FLOODOON9ER9ATKIN D9F WIOT
OINT OF YgEA6°aY �. .�I9� 179 A1AP1s 1CaOM E fMENT APN 1.75 L®Y 90 �Y E �Y 8
�� 14303APN 775-43-0235 682038" W 654.29 LB APN 175-4 -024 APN 175-43-025
17(11E)
TRUE POINT OF el
BEGINNING (AREA 2) `� /7,0 1 0 \
4l7 , N
1,0 P7 SPACE EAS811IENT `Y
a
MTURE PARGEI. 1 IE,6 2.PT Ws0
PARCEL A /'TRACT S®9�006Z PARS B 0.z9t ACRES to 0 0 50 100 /200
Q. 31 nFl APN 175-43-047 ��n
�y N a i
OZ < PEN SPACE EASEI[KNT h $Ci�E: 1" = 100'
(AREA 1)
.U: n ', 2.3493 SQ.FT a
a Z C4 0.053 ACRsg Q LAN
-L�1� s 21'52 40 w s� .
— �t — 57.52'
TRUE POINT OF BEGINNING (AREA 1)
NNS g3aIL6'03_E 331804 PARM A: 4
N 71'37',7" E -- ,`
�� zsss DEER CREEK LANE (620.0c). 'APN 175-43-050 "; =
' WAR iEL 2 APN 175-43-048 NAS. 3 $ N 22'43'57" / Tf,�..•,`•,..y6�o�
APN 175-43-049
OF CN\ C
z
LINE TABLE
UNE BEARING LENGTH 16 S67*1 6 03 W 94.68 LEGEND
Ll S74*27 52 E 2. 1 17 1 N6 '2038 .30 ------------ OPEN SPACE EASEMENT
N 7'1049 E 3 .0 N68 1 — . — . — . — — RIGHT OF WAY
N4T51 19 5:00 538'23 37 W 0 _ _ _ _ _ — BOUNDARY
889'15 51 W 60.0
S43'50'38"W 1 17.74 N 7 3D-LQ-
--- - -- FUTURE PROPERTY LINE
N7 '3 75.00— _---------------------_ TIE
EXHIBIT "B"
LEA 6 BRAZE�E BRAZE. PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR OPEN SPACE EASEMENTS
ava ENaNEQW uNo suR•.EYwes LANDS OF EVERSHINE Ill L.P., & TRUSTTES
BAY IAEA MQN SAOtA11FAT0 R S
2/ wousmlt RM asT sm7 oauctAs BLVD.Ism OF THE MICHAEL Y.J. CHAN TRUST
NAYNNA.CIIliORU.we/s RO�w1E a 9568,
(9) (5119)=--=g
rr- 966 (F) (w6)966—tss6 1RHI DEER CREEK LANE,
(0 (519) 667-5219 (0 (918)79]-7565 LOS ALTOS HII.LS, SANTA CLARA COUNTY, CA.
W W W.LEABRA2E.COM
PAGE 2 OF 2 JOB #2140756CI DRAWN BY: M.J. WALTERS JULY 31, 2018