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HomeMy WebLinkAbout63-21RESOLUTION 63-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF WEN LIVING TRUST) WHEREAS, Rudy Wen and Elaine Wen, Trustees of the Wen Family Trust ("Owner") own the property commonly known as 26724 Palo Hills Drive, Los Altos Hills, California (APN 175-33-047); 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 September 2021, by the following vote: AYES: Tankha, Tyson, Mok, Schmidt Swan NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah Padovan, City Cleric BY: (�-- ,--(Te-orge TysoAjice or Resolution 63-21 Page 1 Attachment A 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 Oen Space Easement ("Agreement") is made and entered into this _ day of 1-M 05 � , 2021; by and between Rudy Wen, Trustee and Elaine Wen, Trustee of the Wen Living 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 26724 Palo Hills Drive, Los Altos Hills, California (APN 175-33- 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 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 63-21 1 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 public and private utilities (excluding solar panels), 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 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 Resolution 63-21 Page 3 of law and not incompatible with maintaining and preserving the natural character of'the land. 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( u�� , 2021 Date: ATTEST: 2021 Deborah L. Padovan, City Clerk OWNER: Rudy Wen, Trustee 7-19��- Elaine Wen, Trustee TOWN OF LOS ALTOS HILLS: S -- p Kavita Tankha, Mayor Resolution 63-21 Page 4 Date: '2021 ATTEST: eborah L. Paclovan, City Clerk TOWN OF LOS ALTOS HILLS: eorge Tyson, Vice MayYr Resolution 63-21 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 n W)a4e,(f) On f9 q. c t,/ 6J- � , 2021, before me, P_&oCZ i= L �� lc ��4n�r Notary Public, p rsonally appeared S G(l e,1-7 cc /1 ,_. _�who�P proved to me on the basis of satisfactory evidence to be the person(s) whose narrie(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. Signature: `�, ��� © ��� it (Seal) ^ WP�,E °` ry ; RE9ECCA LEE GOLD9ERG Notary Public •California s San Mateo County ; „• Commission M My C 2343197 omm, Expires Jan 27, 1025 r Resolution 63-21 Page 6 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. eborah Padovan, City Clerk Date: September 24, 2021 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 63-21 Page 7 RESOLUTION 63-21 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF WEN LIVING TRUST) WHEREAS, Rudy Wen and Elaine Wen, Trustees of the Wen Family Trust ("Owner") own the property commonly known as 26724 Palo Hills Drive, Los Altos Hills, California (APN 175-33-047); 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 September 2021, by the following vote: AYES: Tankha, Tyson, Mok, Schmidt Swan Certified as a true copy NOES: None i By ABSENT: None A-92 C(ty Clerk of the TOwn of los Altos Hills ABSTAIN: None BY: eorge Tyso , ice thor ATTEST: Deborah Padovan, City Clerk An@10@110=21 h4r, � EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF WEN LIVING TRUST 26724 PALO HILLS DRIVE, LOS ALTOS HILLS, CALIFORNIA An easement over that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of Lot 2, as shown on the certain map entitled "Tract No. 2554 Palo Hills Estates" filed in the office of the County Recorder of Santa Clara County on November 20, 1959 in Book 113 of Maps at Page 56, as shown on Exhibit `B" attached hereto and made a part hereof, more particularly described as follows: Beginning at the Northwest corner of said lot, said point being on the Southerly right of way of Palo Hills Drive; thence along the Northerly line of said lot, being also the Southerly line of said Drive South 84°33'40" East, 44.24 feet; thence leaving last said line in a general southerly direction along the following ten (10) courses: 1) South 16°44'44" West, 72.16 feet 2) South 20'54'14" West, 40.45 feet 3) South 28°13'59" West, 32.58 feet 4) South 23°43'36" West, 29.20 feet 5) South 44°03'09" West, 14.72 feet 6) South 28°47'53" East, 11.62 feet. 7) South 22°44'41" East, 31.92 feet 8) South 36°33'56" East, 23.18 feet 9) South 09°04'42" East, 28.00 feet 10) South 09°30' 18" West, 14.69 feet to the Southerly line of said lot. Thence along last said line South 88°12'55" West, 45.21 feet to the Southwest corner of said lot; thence along the westerly line of said lot the following five (5) courses: 1) North 04°46'00" East, 23.79 feet 2) North 26°55'30" West, 70.60 feet 3) North 06°20'30" East, 45.30 feet 4) North 31°43'30" East, 64.70 feet 5) North 18°35'00" East, 97.25 feet to the Point of Beginning. Containing 13,300 square feet, more or less. The bearings described are based on the North line of said lot being South 84°33'40" shown on said "Tract No. 2554 Palo Hills Estates". END OF DESCRIPTION ,, Rt PREPARED BY R U E T + SU ERVISION OF: PA ' RICK C. W +BEER, LS 8162 F 0� G:\Correspondence\2020 JOBS\2200832 SU\EASEMENTS\ARCHIVE\07-15-21\EXHIBIT (OSE) A.docx V Page 1 of 2 Resolution 63-21 Page 9 PALO HILLS DRIVE S84'33'40 "E cJ ®' POINT OF •'44 24'.•.•.. THE BEARINGS SHOWN ARE BEGINNING `'---- BASED ON THE NORTHERLY LINE .... • /::' OF LOT 2, TRACT No. 2554 .. ... S16'44'44"W �. t� o'...... 72.16 FILED IN BOOK 113 AT PAGE 56, o + • • SANTA CLARA COUNTY RECORDS,. o ' •.•.•.•.•.•.. . . SHOWN AS S84'33'40"E. 10.00' SANITARY LOT 3 TRACT No. 2654 1113 MAPS a6 APHo 1116-33-0046 0 20 40 80 SCALE: 1 " = 40' ct)n• SEWER EASEMENT (4498 O.R. 516) ........ . . , . e :;1: LANDS OF WEM LOM[IMQ TRUST h LOT 2 TRACT No. 2664 993 MAPS GO APMo 9776-33-047 <v .a;!'^� ' �" MCT AREA- 39,668 S(Q.FT.+ S28'1 3'59"w �' ..... q, 32.58' ,C �...� Q �v S23'43'36"W . � �W 29.20' Lu :....;� M S44'03'09"W ��° A Q� �' "No �. ►�•• o .;�'.• � .14.72' � � � 528'4753"E v e 0 o o : Z 11.62' 1182 S22'44'41 "E �� r :.........::.:::.: 31.92' """"""cp •�•'•'.. STORM DRAIN ..:.:.:.:.:.:.:...\ EASEMENT crs . ' ..... (113 MAPS 56) moo., `; S36'33'56"E N04'46'00"E 23.79'............... LOT 4 S88#1 2'55"W TRACT Mo. 9946 45.21' 776 MAPS 112 APH: 11716-33-026 LEA & BRAZE ENGINEERING, INC. CIVIL ENGINEERS • LAND SURVEYORS BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 �P) (510) 887-4086 (P) (916)966-1338 F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM 23.18' ®SO9'04'42"E 28.00' S09'30'18"W 14.69' LOOT 6 TRACT No. 11846 778 MAPS 92 APH: 9716-33-0026 EXHIBIT "B" OPEN SPACE EASEMENT 26724 PALO HILLS DRIVE LOS ALTOS HILLS, CALIFORNIA SANTA CLARA COUNTY JOB N0: 2200832 SU SCALE: 1"= 40' DRAWN BY: PCW ResolutPAAW 2 OF 2 PageJU° LY 2021