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Home My WebLink About39-24RESOLUTION NO. 39-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF NG) WHEREAS, Arden Ng and Geraldine Ng ("Owner") own the property commonly known as 10701 Magdalena Road, Los Altos Hills, California (APN 336-40-078); 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 accepts 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 18th day of July 2024, by the following vote: AYES: Mok, Schmidt, Tankha, Tyson, Swan NOES: ABSTAIN: ABSENT: TEST: a Birdsong -Miller, C4 Clerk RESOLUTION NO. 39-24 By: 4"Ktanleyy Mok, Mayor 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 25667175 Regina Alcomendras Santa Clara County - Clerk -Recorder 08/19/2024 04:42 PM Titles: 1 Pages: 8 Fees: 0.00 Taxes: 0 Total: 10.00 I I I I R, �.j 77' VWI"U 1,O� 11lk iFIIA EstVdi11111 ki 11 II AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this - day of � j LA 1 Y , 2024, by and between Arden Ng and Mui Hoon Ong ("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 10701 Magdalena Road, Los Altos Hills, California (APN 336-40- 078). 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: Dater l , 2024 a— Arden Ng, Property Ow r Date: d ( d . 2024 � 1 Date: 2024 l�� Mui Hoon Ong, Property Owner TOWN OF LO ALTOS HILLS: Start.164. o , ayor CALIFORNIA ACKNOWLEDGMENT 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 tri Clq FIGI_ On 8 3t41 L( 2024 before me, Date Here Insert Name and Title of the Officer personally appeared TCRUCE-) N�) IV) - Nome(s) of Signer(s) 1 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ I certify under PENALTY OF PERJURY under the � �•(cREN iR HNER laws of the State of California that the foregoing yctary "--:,'c - California paragraph is true and correct. I Sana Czar; County Ccr-in•ss`cr x 24787ZO Mrc -es .a-s.za2, WITNESS my hand and o icial seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docu_mhhe��nt: 6'DIW-e EISrkr " �}R<fIW� Document Date: �J�►� -I '� t72� l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: b -ch N G1 ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General "&,Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Z,'2019 NationalNotary Signer's Name:kA(41 �ah bhp, ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Exhibits A and B Legal Description of Open Space Easement Property and Plat Accompanying Description EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT 10701 MAGDALENA ROAD LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA AN EASEMENT FOR OPEN SPACE 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 THAT CERTAIN MAP ENTITLED "TRACT 3116, BEING A PORTION OF LOT 44 OF THE SUBDIVISION OF THE HALE RANCH" FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON OCTOBER 31, 1963 IN BOOK 169 OF MAPS AT PAGE 5, SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHERLY LINE OF SAID LOT THE FOLLOWING TWO ; 2 COURSES: 1. NORTH 74037'50" EAST 171.61 FEET; 2. SOUTH 49040'00" EAST 142.35 FEET; THENCE LEAVING SAID LINE, SOUTH 77-34'12" WEST 37.68 FEET; THENCE NORTH 49040'00" WEST 68.93 FEET; THENCE NORTH 72008'45" WEST 22.74 FEET; THENCE SOUTH 74037'50" WEST 124.77 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT; THENCE ALONG SAID LINE NORTH 49040'00" WEST 56.00 FEET TO THE POINT OF BEGINNING CONTAINING 10,560 SQ.FT. MORE OR LESS BASIS OF BEARINGS THAT CERTAIN MAP ENTITLED "TRACT 3116" FILED OCTOBER 31, 1963 IN BOOK 169 OF MAPS AT PAGES 5 OF SAID COUNTY RECORDER IS THE BASIS OF ALL BEARINGS IN THIS DESCRIPTION. A PLAT SHOWING THE ABOVE DESCRIBED OPEN SPACE EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B". END OF DESCRIPTION PREPARED BY OR UNDER MY DIRECTION OF: RICHARD F. MATHER, LS 8341 14105 r � Picherd F Mather 541 l�Tfi OF CAOP�\� N:\projects\2019_JOBS\2190042 SU\EASEMENT\EXH A OPEN SPACE ESMT.docx Page I of 2 LOT I TRACT No. 31IS ISO MAPS 6 Doc. c. 7966060 APH 836-40-0077 OPEN SPACE EASEMENT r 10,560 Sid. FT. t t _�— S49°40'00"E 218.00' 14?? \ rev \ `L2 L1 LOT 2 TRACT No. 3116 69 MAPS 5RA DOC. 24471371 APN 336-40-078 S33°40'00"W • L4 c�� `�°` 10.00' 553°39 07 E 142.81' P.O.B. r 549`•40'00"E 3 123.82' Q LANDS OF ^ � ALTL�6`J� NOFEN v D o C. 2240 0 3966 APH 636-400-0066 c LINE TABLE: L1 S77°34'12"W L2 N49°40'00"W L3 N72'08'45"W L4 N49'40'00"W w C) � N LANDS OC MERCY LLC DOC. 2RO48T4 I LANDS OF FOF;EVrE MERCY LLC DOC. 24456720 APH 336-40--M 37.68' 68.93' 22.74! LOT 9 %P ,® 56.00 To ACT No 40084 206 M 42 0�a 0 DOC. 226036960 APH 666-40-060 0 50 100 200 ��CLE: : 1 " a 100' LOOT 2 TRACT No. 40034 ` 2008 M 422 DOC. 241600231 APH 336-40-086 ygell>; 11r`mi►yi/ 1 u ;_AND 6, Richard P Mather 6341' 0 X6'2 5-207-9 FOUND MONUMENT PER 169 MAPS 5 P.O.B. POINT OF BEGINNING LANDS OF HEMAR0 DOC. 242503000 APM X386-40-0042 31.14 f � f 29.56'_ 28.24° CENTERLINE AGDALENA 0N64°29'00"W 31.13' ROAD (605) BASIS OF BEARINGS THE BEARINGS SHOWN ARE BASED ON 169 MAPS 5, SANTA CLARA COUNTY ? 9 LEA & BRAZE ENGINEERING, INC.EXHIBIT D r PLAT TO ACCOMPANY FOAL DESCRIPTION " CIVIL ENGINEERS • LAND SURVEYORS FOR OPEN SPACE EASEMENT, BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 1 300 10701 MAGDALENA ROAD, LOS AL'T'OS HILLS, HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 SANTA CLA.RA COUNT', CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM JOB NO 2190042 SCALE: 1"= 100' U-NAWN bY: UN PAGE 2 OF 2 JUNE 2024 North: 2970.1216' East: 8013.1342' Segment #1 . Line Course: N740 37' 50"E Length: 171.61' North: 3015.6054' East: 8178.6069' Segment #2 . Line Course: 5490 40' 00"E Length: 142.35' North: 2923.4718' East: 8287.1191' Segment #3 . Lane Course: 5770 34' 12"W Length: 37.68' North: 2915.3613' East: 8250.3224' Segment #4 . Line Course: N490 40' 00"W Length: 68.93' North: 2959.9751' East: 8197.7776' Segment #5 . Line Course: N720 08' 45"W Length: 22.74' North: 2966.9470' East: 8176.1328' Segment #6 . Line Course: S740 37' 50"W Length: 124.77' North: 2933.8778' East: 8055.8249' Segment #7 . Line Course: N490 40' 00"W Length: 56.00' North: 2970.1228' East: 8013.1366' Perimeter: 624.09' Area: 10560.23 Sq. Ft. Error Closure: 0.0027 Course: N620 22' 00"E Error North: 0.00124 East: 0.00237 Precision 1: 231140.74