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Home My WebLink About51-20RESOLUTION 51-20 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF HO AND YANG) WHEREAS, Lloyd Ho and Meng Yang ("Owner") own the property commonly known as 10842 West Loyola Drive, Los Altos Hills, California (APN 331-21-002); 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 17th day of September 2020, by the following vote: AYES: Wu, Tankha, Corrigan, Spreen, Tyson NOES: None ABSENT: None ABSTAIN: None �eborah Padovan,' BY: _ fiche le , Resolution 51-20 Page 1 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 I 'W-- day of( 2020, by and between Lloyd Ho and Meng Yang, ("Owner") and the TOWNS ALTOS HILLS, a municipal corporation, ("Town"). RECITALS A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 10842 West Loyola Drive, Los Altos Hills, California (APN 331.-21- 002). 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 and Exhibit B 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 51-20 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 and Exhibit B, (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 underground public and private utilities, ground mounted solar panels, pathways on dedicated easements to the Town, and wildlife friendly fencing, 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 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 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. Public Use. The public shall not have a right of entry upon the Property. Resolution 51-20 Page 3 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: �� 2020 Date: , 2020 ir City Clerk- D•i '.do . OWNER: Lloyd FHVI Meng Yang TOWN OF LOS ALTOS HILLS: Mayor Mich PLEASE SEE AT(ACNECJ ACKNOWLEDGEMENT/J U RAT FROM NOTARY -PUBLIC Resolution 51-20 Page 4 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 San Mateo ) On before me, Bharat P. Patel, Notary Public a (insert name and title of the officer) personally appeared 1,) flu rif ktu who proved to me on the basis oT 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. eH RAT P PATEL �^ COMM. # 2148544 c_ ' NOTARY PUBLIC- CALIFORNIA D WITNESS m hand and official seal. s} SANMATEOCOires Y tl �q p p My Commission Expires y f& May 4, 2020 The notary commission extended pursuant to Signature (Seal) Executive Order N-63-20 Resolution 51-20 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 September 28, 2020, before me, Deborah L. Padovan, Notary Public, personally appeared Michelle Wu, 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. o, h DEBORAH L. PADOVAN Notary Public California t Santa Clara County Commission N 2282419 `4 , "� My Comm. Expires Apr 19, 2023 Signature: (Seal) Resolution 51-20 Page 6 RESOLUTION 51-20 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF HO AND YANG) WHEREAS, Lloyd Ho and Meng Yang ("Owner") own the property commonly known as 10842 West Loyola Drive, Los Altos Hills, California (APN 331-21-002); 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 17th day of September 2020, by the following vote: AYES: Wu, Tankha, Corrigan, Spreen, Tyson NOES: None ABSENT: None ABSTAIN: None a %�i� . rte• -- 15-e—borah Padovan,'City Clerk BY: fk,� fiche le , - Certified as a true copy By 41tyCc ofthe Town•of los Altos Hills it 8111Eioil�I=a@ W& 17 Exhibit "A" Legal Description Open Space Easement Lands of Ho and Yang 10842 West Loyola Drive Los Altos Hills, California Portion of APN: 331-21-002 An easement for open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of Lot 2 of Tract No. 5618 as shown upon that certain Parcel Map filed for record on January 29, 1975, in Book 351 of Maps at Pages 1-2, Santa Clara County Records, as shown on Exhibit `B" and made a part hereof, more particularly described as follows: Beginning at the most westerly corner of said Lot 2, said corner being in the southerly right-of-way of West Loyola Drive, 50 feet wide, as shown on said map; thence along said southerly right-of-way North 67°09'32" East, 62.89 feet to the beginning of a tangent curve to the left with a radius of 200.00 feet; thence along said curve through a central angle of 5°43'00", a distance of 19.95 feet; thence leaving said southerly right-of- way the following ten (10) courses: 1. South 38°31' 10" East, 90.00 feet; 2. North 52°30'00" East, 131.00 feet; 3. North 37°00'00" East, 70.00 feet; 4. North 24°00'00" East, 18.97 feet to a point in the easterly line of said Lot 2; 5. Along the boundary of said Lot 2 South 53'l 3' 17" East, 49.44 feet; 6. South 29°45'32" East, 57.03 feet; 7. South 54'40'15" West, 122.28 feet; 8. South 73°18'26" West, 99.61 feet; 9. South 83°29'06" West, 100.09 feet; 10. North 38°31' 10" West, 94.80 feet to the Point of Beginning. Containing 24,392 square feet (0.56 acres), more or less. Prepared by, or under the supervision of: Richard F Mather, P.L.S. 8341 Sheet 1 of 2 GXorrespondence\2015 JOBS�2150843 SMOSE Legal Description.doc Resolution p1-20 .AND SUR�F� v RICHARD F � MATHER No. 8341 \\ 0 F CA \// Page 8 BASIS OF BEARINGS N67009 32'E 208 04' 0 25 50 100 SCALE: 1 " = 50' W.ma Imo_ S22'50'28'E N67®009'3�2"EL-�- 62.89' POINT OF Zz BEGINNING �`d'• R=200.00' A=5'43'00" o`'os L=19.95' m 30.00' --- ®S8` 9`��w 00 09, 1 LOT 2 7F-RQr-7 RPM g N24'00'00"E C�NHA o QR HUS 18.97' --\ 351 [gaps I1 c� NET AREA REMAINING •pow 19,201 SQ.FT. ��%p00 0.44 ACRES +OO"E. 1 .3 poi OPEN SPACE 131 EASEMENT 24,392 SQ.FT. 0.56 ACRES 0 '�.,.., ®S 73'18'26 "W 991'.0-100 .6--ft-0-10" � THE BEARING NORTH 67009'32" EAST BETWEEN FOUND BRASS DISK MONUMENTS IN THE CENTERLINE OF WEST LOYOLA DRIVE AS SHOWN ON TRACT NO. 5618 FILED IN BOOK 351, PAGES 1-2, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN UPON THIS PLAT. LOOT � CQUQHLQN Doc. No. 20468300 LAND So R� &6 RICHARD RICHARD F MATHER ci> No. 83 1 '0\op CAL EXHIBIT "B" ALEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION CIVIL ENGINEERS • LAND SURVEYORS FOR AN OPEN SPACE EASEMENT BAY AREA REGION SACRAMENTO REGION LANDS OF HO AND YANG 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 10842 PEST LOYOLA DRIVE HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 SANTA CLARA COUNTY www.LEABRAZE.coM APN: 331-21-002 JOB #2150843 vr<nrriv D 1. Ra z0tt I Z OF 1 AUGUST, 2019