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Home My WebLink About64-05 4-0 414 RESOLUTION NO. 6 4-0 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF FANG) WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement for Open Space Easement ("Agreement") between the Town and Pei Hsien Fang and Yu Lin Fang, (collectively, "Owner"). NOW,THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this 7th day of July , 2005. BY: May A 8 ': City Clerk Attachment A to Resolution 64-05 DOCUMENT': . 18503212 Pages 10 01 1111 I II I -Fees. . . . * No Fees This Document Is Recorded Taxes. . For the Benefit of the Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 005 Sections 6103 and 27383 SANTA CLARA'COUNTY RECORDER 8/01/2005 When Recorded,Mail to: Recorded at the request of 2: 1 1 PM City 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 7`h day of July , 2005, by and between.Pei Hsien Fang and Yu Lin Fang, husband and wife as community property (collectively, `,`Qwner") and the Town of Los Altos Hills, a municipal corporation ("Town"). RECITALS A. Owners own that certain real property in the Town of Los Altos,IIIs commonly known as 27053 Taaffe Road,Los Altos Hills, California. 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 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: #656191vl ' r 1. Grant of Open Space Easement. Owner, as grantors, hereby grant 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 declare 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 and paths dedicated to the Town or an approved septic system, 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; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and e. against any plantings other than native vegetation; and f. against the erection of structures other than lawful fences or 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. #656191v1 •i ... STATE OF CALIFORNIA ) ) ss: COUNTY 04A/46;441 ) On ftm-e _f , 2005,before me, the undersigned Notary Public,personally appeared yr,li,i f,� , personally known to me or proved to me on the basis of satisfactory evidence to lfe the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. RICHARD D.RAINES "` Commission#1319088 .odim_--...e. ____---- STATE i ite Notary Public-Californiaz .} ` ,� Santa Clara County �- �' My Comm.Expires Aug 27,2005 Signature OF CALIFORNIA ) ) ss: COUNTY OFJ44G M ) On../aA/G .c: - , 2005,before me, the undersigned Notary Public,personally appeared ?e/#{sr*a• '4f , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS m hand and official seal. ri.dh..h.a64,..0.4....„...... RICHARD D.RAINES y } Commission#1319088 y t (-. „ Notary Public-California z ' `ei Santa Clara County Signature My Comm.Expires Aug 27,2005 #65619lv1 > 110 i 0` 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. OWNERS: , ei Hsien Fang 21 2005 ( ?I_ Date: , Yu Lin Fang TOWN OF LOS ALTOS HILLS: / ------ eeja,Li_., 2005 '44Mayor ATTEST: City Clerk #656191v1 �! �l Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description #656191v1 LEGAL DESCRIPTION OPEN SPACE EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, Town of Los Altos Hills described as follows: Lot 5, as delineated upon that certain Map entitled "Tract No. 4444 Rose Hill Estates No. 2", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 24th, 1969 in Book 248 of Maps, at Page6. The Open Space Easement to be dedicated is over the northern portion of the property begins at starting Elevation 665 and sloping down to Deer Creek covering areas of oak woodland being described as follows: Beginning at the Southwesterly point of Lot 5, referred above, and along the line N16°29'30"W, 117.00' to the True Point of Beginning of this description; thence leaving said point and running N 16°29'30"W, 194.92'; thence leaving said line and running N55°08'40"E, 68.27'; thence leaving said line and running N62°51'44"E, 59.00'; thence leaving said line and running S28°33'03"E, 180.10'; thence leaving said line and running N62°04'57"W, 53.95'; thence S69°31'44"W, 57.00'; thence S20°54'49"W, 107.00' to the True Point of Beginning. Containing 21,023 square feet, more or less. @%OF ESSIp4� Iwo �� icy o � �Fye. l� ,� . fie. C 258.81 ' Mil F CA1 ea`` 0. 4110L o, p 5. LEGEND 1 6,q'E BORDER LINE 6259'.5 �0I OPEN SPACE EASEMENT N STREET CENTER LINE & POINT OF BEGINNING P.O.B 0 F' TRUE POINT OF BEGINNING T.P.O.B NO) it k$/ PATH EASEMENT P.E. ✓� SANITARY SEWER EASEMENT S.S.E. 0 -N- ''o_ /I OPEN SPACE EASEMENT 06 AREA 21,023 SF Ne). SCALE:1-=50° c �a o �til, cAK •31iatr4 �6e0 56951• •,4.55.E sp N ELEVATION 665 `r 3 o Q, s ,v � o0 o 1.0 o o � S o:13 re, 20 N_ /PEI H.&YU L.FANG Tract No.4444 Lot 5 / T.P.O.B.— BK.248 PG.6 /O0 f / .'ti\�p0 OP o St` 20-a es0 e / �� OF�� S/04/A ��0 /4 , q� UIFS. e'c • oo �" N . C 2 5 3.31 2 P.O.B.--- ;,,,t_ r I-)f3/I es—- 4. DRAWN BY: FH I CHECKED BY: FH SCALE+ 1'=50' DATE! 6-16-05 PLAT TO ACCOMPANY DESCRIPTION PEI H.&YU L.FANG LEE ENGINEERS OPEN SPACE EASEMENT 27053 TAAFFE ROAD 1211 PARK AVENUE SUITE 112 SAN JOSE, CA 95126 LOS ALTOS HILLS,CA TEL/FAX+ 408-293-3833 Lot name: Open Space Easement North: 971.2461 East: 513 .7075 Line Course: N 16-29-30 W Length: 194 . 92 North: 1158 . 1473 East: 458 . 3744 Line Course: N 55-08-40 E Length: 68 .27 North: 1197 . 1643 East: 514 . 3965 Line Course: N 62-51-44 E Length: 59. 00 North: 1224 . 0761 East: 566. 9013 Line Course: S 28-33-03 E Length: 180. 10 North: 1065. 8774 East: 652. 9780 Line Course: N 62-04-57 W Length: 53. 95 North: 1091. 1368 East: 605.3066 Line Course: S 69-31-44 W Length: 57. 00 North: 1071.2019 East: 551. 9062 Line Course: S 20-54-49 W Length: 107. 00 North: 971.2511 East: 513. 7115 Perimeter: 720.25 Area: 21, 023 sq. ft. 0. 48 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0. 0063 Course; N 38-37-04 E Error North: 0 . 00493 East: 0. 00394 Precision 1: 114, 072. 85 ov2, ESS/04; Vat 44" No. C 251 OF CAS • • RESOLUTION NO. 6 4-0 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF FANG) WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement for Open Space Easement ("Agreement") between the Town and Pei . Hsien Fang and Yu Lin Fang,(collectively, "Owner"). NOW,THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this 7`11 day of July , 2005. • BY: . May► ATTFiS City Clerk dip Certified es a atrua opy B Y City C'::";f t::3 3v.Ti of • Altos Hills I, Karen Jost, duly appointed City Clerk for theTon of Los Altos Hills, do herby certify that the foregoing is true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1st day of August, 2005 Karen Jo Cit Clerk