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HomeMy WebLinkAbout19-19RESOLUTION 19-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF HWANG AND DONG) WHEREAS, Kevin Yu Hwang and Sabrina Z. Dong ("Owner") own the property commonly known as 13439 Mandoli Drive, Los Altos Hills, California (APN 175-42-026); 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 16th day of May 2019 by the following vote: AYES: Spreen, Wu, Corrigan, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None BY: Roger Sp en, M yor Resolution 19-19 Page 1 ATTEST: Deborah Padovan, City Clerk Resolution 19-19 Page 2 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 07""� day of . '2119, by and between KEVIN YU HWANG and SABRINA Z. DONG, ("Owner") d 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 13439 Mandoli Drive, 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: Resolution 19-19 . Page 3 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, 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 19-19 Page 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. 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. Date: 4 , 2019 Date: , 2019 ATTEST:Irlwz- City Clerk- Deborah Padovan Sabrina Z. Dong TOWN OF LOS ALTOS HILLS: ; 4, 9 � � Mayor -R er Spr ,n Resolution 19-19 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT § 1189 CIVIL CODE 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 ) ie- On - 2- Z �a before me, © A) '� ke IvAA / Ltb personally appeared j N t t WA N �' 1, tj 2 Do who proved to me on the basis of satisfactory evidence to be the persong) whose nW i�subscribed to the within instrument and acknowl ed to me that he/shexecuted the same in his/her eir authorized capacit ies and that by his/hesignatur s on the instrument the person, or the entity upo ehalf of which the per 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. 1 N K. g 0 COMM. # 2158585 NOTARY PUBLIC CALIFORNIA Q SANTA CLARA COUNTI, *OR ` COMM, E7{PfRES JULY 2b 2020 Signature:J4i-4a---(SeaI) Resolution 19-19 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 May 17, 2019, before me, Deborah L. Padovan, Notary Public, personally appeared Roger Spreen, 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, 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 DEBORAH L. PA60VAN Notary Public - California Santa Clara County Signature: (Seal)" Commission p 2282419 My Comm. Expires Apr 19, 2023 Resolution 19-19 Page 7 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. 0"4�"94- Deborah Padovan, City Clerk Date: May 17, 20.19 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 19-19 Page 8 Cued as a hue copy RESOLUTION 19-.19 By, RESOLUTION OF THE CITY COUNCIL OF THE Clerk Towrtoi Los ARM Halla' TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT-- (LANDS ASEMENT- (LANDS OF HWANG AND DONG) WHEREAS, Kevin Yu Hwang and Sabrina Z. Dong ("Owner") own the property commonly known as 13439 Mandoli Drive, Los Altos Hills, California (APN 175-42-026); 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 16th day of May 2019 by the following vote: AYES: Spreen, Wu, Corrigan, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None , BY:a.ce— Roger Sp en, M yor Resolution 19-19 Page 9 Resolution 19-19 Page I ATTEST: Deborah Padovari; City Clerk Resolution 19-19 Resolution 19-19 Page 10 Page 2 EXHIBIT A OPEN SPACE EASEMENT LANDS OF HWANG & DONG 13439 MANDOLI DRIVE, LOS ALTOS HILLS Situate in the Town of Los Altos Hills, County of Santa Clara, State of California, Being an easement over a portion of the lands of Kevin Yu Hwang and Sabrina Z. Dong, Husband and Wife as Community Property with Right of Survivorship, conveyed by Grant Deed recorded March 1, 2018 as Document Number 23879013, Santa Clara County Records, Being a portion of Lot 4, as said Lot is shown and delineated on that certain map entitled "Tract No. 2107, Mandoli Subdivision," filed for record on December 18, 1959 in Book 115 of Maps at Page 3, Santa Clara County Records, more particularly bounded and described as follows to wit: Beginning at a point in the northwestern boundary of said lands of Hwang and Dong, from which the westernmost corner thereof bears South 640 59' 00" West 34.72 feet distant; Thence from said point of beginning leaving said last mentioned boundary South 150 29'4511 East 40.58 feet; thence South 270 02'45" East 39.16 feet; thence South 360 50'45" East 7.96 feet; thence South 280 35' 45" East 14.59 feet; thence South 340 36' 45" East 26.39 feet, thence South 23151' 45" East 26.20 feet; thence South 420 45'45" East 9.01 feet; thence South 340 37' 45" East 32.86 feet; thence South 470 06'45" East 34.42 feet; thence South 52° 49' 45" East 7.58 feet to a point in the southeastern boundary of said lands of Hwang and Dong; thence along said last mentioned boundary South 450 15'00" West 64.30 feet to the southernmost corner thereof; thence along the southwestern boundary of said lands of Hwang and Dong North 250 0100" West 255.00 feet to the westernmost corner thereof; thence along the northwestern boundary of said lands of Hwang and Dong North 64159'.00" East 34.72 feet to the point of beginning. Containing approximately 9,224 sf of land, more or less. Attached hereto is a plat labeled Exhibit B and by this reference made a part hereof. Surveyed and compiled by Alpha Land Surveys, Inc. in January of 2019. ILA AUL 8.4 n -Paul Happee, P 8807 8807 f 0A0 Page 1 of 2 Resolution 19-19 Page 11 2018-159 OPEN SPACE EASEMENT CLOSURES.tXt Parcel name: OPEN SPACE EASEMENT North: 3713.5184 Line Course: S 15-29-45 E North: 3674.4135 Line Course: S 27-02-45 E North: 3639.5359 Line Course: S 36-50-45 E North: 3633.1659 Line Course: S 28-35-45 E North: 3620.3556 Line Course: S 34-36-45 E North: 3598.6363 Line course: S 23-51-45 E North: 3574.6759 Line Course: S 42-45-45 E North: 3568.0610 Line course: S 34-37-45 E North: 3541.0222 Line course: S 47-06-45 E North: 3517.5973 Line Course: S 52-49-45 E North: 3513.0175 Line Course: S 45-15-00 W .North: 3467.7494 Line Course: N 25-01-00 W North: 3698.8265 Line Course: N 64-59-00 E North: 3713.5090 East : 3803.6724 Length: 40.58 East : 3814.5141 Length: 39.16 East 3832.3203 Length: 7.96 East 3837.0936 Length: 14.59 East 3844.0768 Length: 26.39 East 3859.0669 Length: 26.20 East 3869.6659 Length: 9.01 East 3875.7834 Length: 32.86 East 3894.4565 Length: 34.42 -East 3919.6757 Length: 7.58' East 3925.7158 Length: 64.30 East : 3880.0508 Length: 255.00 East : 3772.2160 Length: 34.72 East : 3803.6787 Perimeter: 592.76 Area: 9,224 sq.ft. 0.21 acres Mapcheck Closure.- (uses listed courses, radii, and deltas) Error Closure: 0.0113 Course: S 33-46-56 E Error North: -0.00940 East : 0.00629 Precision 1: 52,457.52 Page 1 Resolution 19-19 Page 12 Z d0 Z 30Vd SIIIH SODV SO] '3AI8O IIOONVW 6£x£1 ONOO V ONVMH JO SaNVI NOLLM S3031V031 ANVdAOODV Ol 1VId 29.44-8£-V L$8 99056 VO `A311VA S1100S L 311ns '3AI80 A311VA SHOOS -0tt-V O N I `S)13A?j (1S a Nd� d H dib' ,09=p1 31VS 6 LOZ 'Z NVt' £-SdVw-911 (V) 81i81HX3 Zi,—SdVW—L8 Zt,-SdVH—L9 S30N3a3 21 9M 'ON MI 'ON VMV 1N3W3SV3® lOVa1 Z 103 Z*—SdVW—L$ t90085$l #004 1OV81 £ 103 Z80£9£ZZ #000 3NI1 1N3W3SV3 — — — — 9261 'ON SONIIIIHS NI1I00 3NI1 Al83dO8d --- 1OV81. 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