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Home My WebLink About76-05 RESOLUTION NO. 76-05 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Zhu and Xu) WHEREAS, Min Zhu and Yuqing Xu, husband and wife as Joint Tenants ("Owners") own the property commonly known as 24910 La Loma Court, Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement contains the approriate 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 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. WZP PASSED AND ADOPTED this y of 4 .s1 , 2005 BY: � May, ATT;S . City Clerk #656294v1 \(•Attachment A to Resolution 12-05 DOCUMENT: 18812621 Pages,: 8 Fees. . . . * No Fees Taxes. . . • This Document Is Recorded This i PA. . • AMT PAI D For the Benefit of the Town of Los Altos Hills And is Exempt from Fee BRENDA DAV I S RDE # 001 Per Government Code SANTA CLARA COUNTY RECORDER 2/17/2006 Sections 6103 and 27383 Recorded at the request of 8:40 AM City 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. arid'entered- - - ' into this 3rd day of August , 2005, by and between Min Zhu and_Yuging Xu husband and wife as Joint Tenants (collectively, "Owner") 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 Hills commonly known as 24910 La Loma Court,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: #656191v1 ii 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 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: Date: g / 0 J._ , 2005 —` `-' Min Zhu ____•:—Date: 8/ 0 , 2005 Yuqing Xu TOWN OF OS ALTOS HILLS: / Date: 8 4 4 , 2005 Mayor,,8ee J? fCe R-- ATTEST: ity'Cler,� #65619Iv1 0 II • STATE OF California COUNTY OF Santa Clara 2_00c K.e.,, yi, - All z On f before me, FQtA1 tll (h Lk K X 4., personally appeared '1/l YLi I personally known to (or proved to me on the basis of satisfactory evidence) to be the perso 'd) whose name is/ re ubscribed to the within instrument and acknowledged to me that he/she Q '► i executed the same in his/hertheir uthorized capacity , and that by his/her, b gnature(s) on the instrument the person@, or t e entity upon behalf of which the persona acted, executed the instrument. . WITNESS my hand and official seal. • ---- ------ .(es PENG KEN YAP COMM. # 1_39429_6 ' � NOTARY UBLIchi ( ignature o Notary Public) ° _' '�':�° CALIFORNIA o Z:z ► ' SAN MATED COUNTY EXPIRES JAN. 16, 2007 ' i • (This area for notarial seal) • • • I1_ • 1110 Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description • #656191v1 4110 JULY 12,2005 LEGAL DESCRIPTION OPEN SPACE EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 3, AS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED TRACT NO. 1275 "TOYON HILLS ESTATES,"AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MAY 10, 1954, IN BOOK 48 OF MAPS, PAGE 56, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3 AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 52°15'00"WEST,28.38 FEET; THENCE NORTH 61°00'00"WEST,91.74 FEET ; THENCE NORTH 62°50'00"WEST,98.34 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID LOT 3, NORTH 6°07'34"WEST, 199.71 FEET; THENCE SOUTH 80°39'19" EAST, 119.90 FEET; THENCE SOUTH 48°49'13" EAST, 121.14 FEET; THENCE NORTH 84°15'56" EAST, 39.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 10°00'00"WEST,213.25 FEET TO THE POINT OF BEGINNING. CONTAINING 46,489 SQUARE FEET, MORE OR LESS. Q*FESSION44 /* //) W c W . 32912 '70 IMPS° * EXP. 06-30-06 * F OF CA\--\ • SHEET 1 OF 2 LC Engineering 870 Hilmar Street,Santa Clara,CA 95050 Phone: (408)806-7187 Fax: (408)243-5072 S1/4i6.04,4 p,, 5032' "14 3 Sj`�8 /1,e, F 40�. ^4'440)-'446k �S��pie 40 00. R F447. </0 • R o sit9.39'> \\ /ii T'i'40 3" / / / - 493 �9iy00' F APN 336-32-028 / ,..- 1 / ,..- 6e090:131:10.11 ,; .� / 0 \ \ / 0 / 0 \ p�239. , \ \� --- / o /PS MENi /Ss8 44 `� \ u 4-1 / /E E/ 0"F \ --- , 0. ---N 254.38\ �o / LOT 3 \ --- /� TRACT NO.1275 TOYON HILLS ESTATES / / 0 BOOK 48, PAGE 56 \\ / / / LANDS OF ZHU AND XU \\ -,1- ..-- / / / APN 336-32-027 \\ i / S80'39'19"E 119.90' , X 548 N 84'15.56"E b X13., 39.22' \ I o ♦ may o1 QROFESSIONq/ APN 336-32-026 0 W 5' DRAINAGE ,§-C.91 ‘. C EASEMENT I In Lcg No. 32912 7/l�.l OPEN SPACE EASEMENT ri * EXP. 06-30-06 * (46489± SF) N F OF CAL�� o 0 P 0 N N62 SO,OO..w 98 34. N61 OO,OO�,w 91.74. N52.15'00"W 28.38' POB PLAT OF OPEN SPACE EASEMENT LC ENGINEERING 24910 LA LO M A COURT 870 Hilmar Street APN 336-32-027 Santa Clara, CA 95050 LOS ALTOS HILLS CALIFORNIA Phone: (408) 806-7187 SHEET: :OF 2 SCALE r:60, DAM:07/12/05 ORWG.LA IE a Open Space Easement dwg 'PROJECT NO. Fax: (408) 243-5072 • • • RESOLUTION NO. 7 6—0 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Zhu and Xu) WHEREAS, Min Zhu and Yuqing Xu, husband and wife as Joint Tenants ("Owners") own the property commonly known as 24910 La Loma Court, Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement 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 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 day of ,,, ,.,�/ , 2005 BY: Mayo/ A :S . a ed as a true co c City Clerk •q8I!. City Clerk of the To n of L.s Altos Hills #656294v1