HomeMy WebLinkAbout11-24RESOLUTION 11-24
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF JUNG YEON SON)
WHEREAS, Jung Yeon Son ("Owner") owns the property commonly known as 26455 Saint Francis
Drive, Los Altos Hills, California (APN 175-53-043); 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 regular meeting held on the 21" day of March 2024, by the following vote:
AYES: Mok, Schmidt, Swan, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Stanley ok, ayor
ATTEST:
41ka Birdsong -Miller, dty Clerk
Resolution 11-24
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
AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement for Open Space Easement ("Agreement") is made and
entered into this day of , 2024, by and between Jung Yeon Son
("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 26455 Saint Francis Drive, Los Altos Hills, California (APN 175-53-
043).
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,
(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:
Date: , 2024
Jung Yeon Son
TOWN OF LOS ALTOS HILLS:
Date: , 2024
Stanley Q. Mok, Mayor
ATTEST:
Arika Miller, City Cleric
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
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
On , 2024, before me, , Notary
Public, personally appeared , 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.
Signature: (Seal)
EXHIBIT A9
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
26455 SAINT FRANCIS ROAD, LOS ALTOS HILLS,
SANTA CLARA COUNTY, CALIFORNIA
All that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State
of California, being a portion of the. Lands of 26455, St. Francis LLC as described in that certain
Grant Deed filed December 2, 2020 as Document Number 24731635, Official Records of Santa
Clara County, Being a portion of Lot I as shown on that certain map -recorded in Book 107 of
Maps at page 53, Santa Clara County Records, as shown on Exhibit 'B' made apart hereof, more
particularly described as follows-,
Beginning at the most northwesterly comer of said Lot, being on the westerly line of Fremont Road,
width varies, thence along the easterly line of said Lands and the westerly line of said road the following
two (2) courses:
1. South 21130'00" East 25.19 feet;
2. South 14'58'49" East 48,72 feet,
Thence leaving said Line, North 68151'21" West 53.19 feet,
Thence South 82135'37" West 32.48 feet;
Thence South 65012'08" West 14.74 feet,
Thence South 5811652" West 32.23 feet;
Thence South 62111'56" West 17.55 foot;
Thence South 61153'49" West 23.14 feet;
Thence South 62128' 56" West 35,65 feet to a point on the westerly line of said Lands;
Thence along said line, North 12157'40'Wost 216.78 feet to a point on the northerly line of said Lands,
said point is also the beginning of a non -tangent curve to the left with a radius of $2.50 feet, a radial to
said curve bears South 12157'40" East;
Thence along said curve, through a central angle of 22128'48", an are length of 32.37 feet;
Thence North 54°33'32" East 50.76 feet to the beginning of a curve to the right, with a radius of 117.50
feet;
Thence along said curve through a central angle of 5649'20", an are length of 116.53 feet to the Point of
Beginning.
Containing 12,044 Square Feet More or Less.
End of Description
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EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT,
26455 SAINT FRANCIS ROAD, LOS ALTOS,
SANTA CLARA COUNTY, CALIFORNIA
JOB NO 2201335/2210187 SCALE: V= 40'
DRAWN BY. DN PAGE 2 OF 2 JULY 2021