HomeMy WebLinkAbout20-19RESOLUTION 20-19
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF SETO FAMILY TRUST)
WHEREAS, the Seto Family Trust, John Yee Woon Seto and Lai-Ieng Che Seto Trustees
("Owner") own the property commonly known as 13410 La Cresta Drive, Los Altos Hills,
California (APN 175-42-014); 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 reen, ayor
Resolution 20-19 Page 1
ATTEST:
00,
4�eborah Padovan, City Clerk
Resolution 20-19
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 �fppr Open Space Easement ("Agreement") is made and
entered into this / % day of Ma , 2019, by and between JOHN YEE WOON SETO
AND LAI-IENG CHE SETO, Trustee, ("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 13410 La Cresta 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 20-19 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. Exce tions. 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 20-19 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: 1 '2019
M,
t
IL. A _
Date.
ATTEST:
aal�; rc'4�—
City Clerk- Deborah Padovan
OWNER:
JohVYee Woone o
c
Lai- eng Che Seto
TOWN OF LOS ALTOS HILLS:
cLc.�t
Mayor -Mier Spr en
Resolution 20-19 Page 5
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 pri'/ l'� 2al , before me, GS1%� � /I✓� �,s +r /��r��c•
personally appeared
��H (cde�c ,y �' ay al Z ee, _ le 4 jr C 4 e 5-4- A" , who proved to me
on the basis of satisfactory evidence to be they persons) whose name(s) isfare 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 ifisAYer/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. •. PAM i
q**r 0221' 1 .
+►�
s.na`cwm cow►
C", - O c 3022
Signature: (Seal)
Resolution 20-19 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.
4 J o th DEBORAH L. PADOVAN
Notary Public - California
z : Santa Clara County >
Commission N 2282419
Signature: (Seal) My Comm. Expires Apr 19, 2023
Resolution 20-19 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.
Deborah Padovan, City Clerk
DateMMay' 17; 20.19
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 20-19 page 8
Certified as a true copy
RESOLUTION 20-19
By
RESOLUTION OF THE CITY COUNCIL OF THECity Clerk of the Towrtof Los Altos Hills
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF SETO FAMILY TRUST)
WHEREAS, the Seto Family Trust, John Yee Woon Seto and Lai-Ieng Che Seto Trustees
("Owner") own the property commonly known as 13410 La Cresta Drive, Los Altos Hills,
California (APN 175-42-014); 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 reen, ayor
Resolution 20-19 Page 9
Resolution 20-19 Page I
ATTEST:
Aeborah Padovan, &City�Cl—erk
Resolution 20-19
Resolution 20-19
Page 10
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION FOR AN OPEN SPACE
EASEMENT OVER A PORTION OF LOT 4 OF
"TRACT NO. 1925, FREMONT HILLS UNIT NO. 3"
LANDS OF JOHN SETO
13410 LA CRESTA DRIVE
TOWN OF LOS ALTOS HILLS,
STATE OF CALIFORNIA
All that certain real property situated in the Town of Los Altos Hills, Santa Clara County, State of
California consisting of a portion of Lot 4 as shown on that certain map entitled "Tract No.
1925, Fremont Hills, Unit No. 3" filed for record in Book 81 of Maps at Page 42, Santa Clara
County Records, more particularly described as follows:
BEGINNING AT THE EASTERLY MOST CORNER of Lot 4 as shown on that certain map entitled
"Tract No. 1925, Fremont Hills, Unit No. 3" filed for record in Book 81 of Maps at Page 42, Santa
Clara County Records; thence along the southeasterly line of said Lot 4 S68009'27"W, a
distance of 76.79' ; thence leaving said southeasterly line of said Lot 4 and through Lot 4 the
following 3 bearings and distances:
1. N2700712511W, a distance of 98.82'; thence
2. N11048'55"W, a distance of 26.98'; thence
3. N38120'51 "W, a distance of 71.07' to a point in the northwesterly line of said Lot 4; thence along
the northeasterly line of said Lot 4 N59041'00"E, a distance of 90.92' to the northern most corner
of said Lot 4; thence along the northeasterly line of said Lot 4, S25001'00"E, a distance of 206.83'
to the POINT OF BEGINNING;
Containing 0.3677 acres or 16,018 square feet, more or less.
Attached hereto is a plat labeled Exhibit "B" and by this reference made a part thereof.
This Legal Description and attached plat are based on record information and not a field survey.
Description prepared September 20, 2015.
END OF DESCRIPTION.
(()o -AN DDave Alvarez LS 4050DAVID O
ALVAREZ SR.No. 4050
O
F CAS\�
Page 1 of 2
Resolution 20-19 Page 11
LOT 6 OF "TRACT NO 1025, FREMONT HILLS 263.29' LOT 5 OF "TRACT NO 1025, FREMONT HILLS
UNIT N0.3" Book 81 of Maps at page 42 N 59°41'00" E UNIT NOS' Book 8l of Maps at page 42
' K
0
Ln
,o
r
� � I
' k
N LOT 4 OF "TRACT NO 1025, FREMONT HILLS
UNIT NOY' Book 81 of Maps at page 42
Z
v�
V
a
w
NOTE LOTS 0-�' ' -
This Plat and attached Legal Description mvrTNo���k81025,FwEMON.1 aiL�'09'Z7" W
are based on record information and maps *Page 196.18'
not afield survey. '
40 80 120 160
LEGEND
BASIS OF BEARINGS
THE BEARING N 46'08'W OF THE CENTERLINE OF LA CRESTA DRIVE
AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO 1925, FREMONT
HILLS UNIT NO.3" TOWN OF LOS ALTOS HILLS," filed for record in Book 81,
of Maps at page 42, Santa Clara County Records WAS USED AS THE BASIS OF
BEARINGS FOR THIS PLAT.
POB Indicates Point of Beginning
K�� Indicates area to be dedicated
U DAVID p
ALVAREZ SR.
LP No. 4050
LM
�o VICINITY MAP
NTS
oR° SITE
w T
a
ST FRANCIS D. Q
r'80 LA CRESTA.DR.q
EXHIBIT "B"
PLAT TO ACCOMPANY A LEGAL DESCRIPTION
FOR AN OPEN SPACE EASEMENT OVER A PORTION OF
LOT 4 OF "TRACT NO 1925, FREMONT HILLS UNIT NO.3 "
LANDS OF JOHN SETO
13410 LA CRESTA DRIVE
TOWN OF LOS ALTOS HILLS,
STATE OF CALIFORNIA
DATE: 09-20-15 SCALE: 1" = 40' P.
Resolution 20-19 Page 12
2of2
MAPCHECK REPORT
Thu Jul 02 15:32:47 2015
Project: LA CRESTA SLOPE EASEMENT DEDICATION
Starting Pt#23 Coordinates -N:1488.9253' E:2116.2228'
Ending coordinates -North: N:1488.9253' E:2116.2228'
ERROR - North: 0.00', East: 0.00', Total: 0.00', Bearing:N/A
23
N:1488.9253'
E:2116.2228'
S 68009'27" W
76.79'
24
N:1460.3534'
E:2044.941.5'
N 2700725" W
98.82'
25
N:1548.3097'
E:1999.8862'
N 11048'55" W
26.98'
26
N:1574.7159'
E: 1994.3623'
N 38°20'51" W
71.07'
27
N:1630.4546'
E:1950.2675'
N 59041'00" E
90.92'
28
N:1676.3515'
E:2028.7582'
S 25001'00" E
206.83'
29
N:1488..9253'
E:2116.2228'
Perimeter: 571.42' Area: 0.3677 acres 16017.9605 sq ftaecision: Perfect ❑
LAND S�\
U DAVID p
ALVAREZ SR.
No. 4050
OF CA O
Resolution 20-19 Page 13