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Home My WebLink About06-24RESOLUTION 6-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF LIAONING BENEFIT INVESTMENT LLC) WHEREAS, Liaoning Benefit Investment, LLC ("Owner") owns the property commonly la-lown as 13021 N Alta Lane, Los Altos Hills, California (APN 175-46-009); 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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accept on behalf of the public, and for the purposes therein described, 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 special meeting held on the 15th day of February 2024, by the following vote: AYES: Mok, Schmidt, Swan, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None BY: StanAor ATTEST: ►..,•I� �1111� SII, Resolution 6-24 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 Regina Alcomendras Santa Clara-Countyy Clerk-Recorder 05/27/2024 04:1g PM CONFORMED COPY Copy of document recorded. Has not been compared with original. AGREEMENT FOR OPEN SPACE EASEMENT This A reement for Open Spa e Easement ("Agreement") is made and entered into this day of VIP, 2024, by and between Zhen Ding ("Owner") and the TAN 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 13021 N Alta Lane, Los Altos Hills, California (APN 175-46009). 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: 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 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. 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. OWNER: I Date: 03/ '2024 en Ding TOWN Of LOS 4L TOS HILLS: Date: -LlAe 2.-, 2024 IT- StanleW NTA, Mayor ATTEST: ' 1, rl ca Miller, City C 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 `tCl C &\M On �� I.�1 , 2024, before me, 5 �" Lia® , Notary Public, personally appeared Zhft D awn , who proved to me on the basis of satisfactory evidence M be the personKwhose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity029j,_and that by his/her/their signatureksTon the instrument the person; or the entity upon behalf of which -the -person cted, 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. S. `„ ry QINGFENG LIAO _ COMM. 4#2326693 z 0. Notary Publfo - California o Z" T Santa Clara County Signature:e2(Seal) Co z IreS �My 22. ,2Q24 Exhibits A and B Legal Description of Open Space Easement Property and. Plat Accompanying Description AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; BEING A PORTION OF LOT 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 49 ROBLEDA HEIGHTS", FILED APRIL 12, 1937, IN BOOK 1 OF MAPS, AT PAGES 46 AND 47, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7, NORTH 89°36'00" EAST 113.20 FEET TO A POINT ON SAID NORTHERLY LINE OF SAID LOT 7; THENCE LEAVING SAID LINE AND ACROSS SAID LOT 7 THE FOLLOWING FIVE (5) COURSES: 1. SOUTH 08°12'27" EAST 147.54 FEET; 2. SOUTH 37023'09" WEST 42.35 FEET; 3. SOUTH 88°49'32" WEST 136.60 FEET; 4. NORTH 36°08'56" WEST 50.97 FEET; 5. NORTH 89°40'44" WEST 68.54 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 7; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 7, NORTH 42°06'00" EAST 188.88 FEET TO THE POINT OF BEGINNING. CONTAINING 32,902 SQUARE FEET OR 0.755 ACRES, MORE OR LESS. SEE EXHIBIT "B" FOR THE ACCOMPANYING PLAT, ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY, OR UNDER THE SUPERVISION OF WARN CHUI. PREPARED ON NOVEMBER 20, 2023 Q�oF�""- LC ENGINEERING s%gl�. No. 32912 VH. W. CHUI RCE N0.32912 LC; ENGINEERING 598 E Santa Clara St, Sulta 270, San Jose, CA 95112 SHEET 1 OF 2 P(408) 808 7187 EXHIBIT "B" LANDS OF WEISS LANDSOF EGFR DOC 21056201 DOC 11185310 I CIT 1161 ;'JFiTgJa\] Jr I fff'Ifj N ®� i1y APN 175-46-007 APN 175-46-026 4�/8 q LANDS OF RAMSAY" �1F` 4_�e90-0 o R sq ( DOC J1f33507EJ Q APN 175-46-006 /O ^y�rid h� O, POB OPEN SPACE EASEMENTR°or- �0 9®2 SF °\.� 0.055-- AC A4 o_ / 4 LANDS OF DING �✓ Az� o /,"�`�' DOC 25312964 Nam /a� C5 e0 TriA rf NJ, 44 `E w cj o / `6 ri:[151J s�rlil! 01rn ' ® V' �® / 'I 6111APS 46-41 '%c3 D a/ 1 Jli J n Q rn' ® 50.97' "W APN 175-46-009 13® OVERALL AREA La p ® \—N89.40'44"W 68.54' 94,538 SF -' ®_ cn , 2.17 AC L=140.30', R=76.38' / A=105'15'00", T=100' o�—® S36'09'5 E 2.27.90' ALTA TIERRA ROAD (50' R/V1/) (PUBLIC) VICINITY MAP N.T.S LES ADJACENT PROPERTY LINE �OFESSI� — ---®—® OPEN SPACE EASEMENT Q W Nq( PROPERTY BOUNDARY AC ACRES C �G APN ASSESSOR'S PARCEL NUMBER N.T.S NOT TO SCALE cL G POB POINT OF BEGINNING �" No. 32912 R/W RIGHT OF WAY �„� SF SQUARE FEET sf�T C/ V F OF PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT 13021 NORTH ALTA LANE APN 175®46®009 Los Altos Hills California ENGINEER NG 598 E Santa Clara St #270 San Jose, CA 95112 Phone: (408) 806-7187 SCALE: I" = 70' IDDATTEE:11/20/23'DRWG. NAME: 'PROJECT NO. SHEET 2 OF 2