HomeMy WebLinkAbout23-09 ID •
RESOLUTION NO. 2 3-0 9
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 Yu Qing Xu ("Owner") owns the property commonly known as
24920 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 Owner has 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 Owner 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 Owner;
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 LtL&LI , 2009
BY:
Mayor
ATTE T:
/
City Clerk
`• 110) Attachment A to Resolution 23-09
DOCUMENT: 2U336827 Pages: 8
II 111111111111 111111 Fees. . . . * No Fees
Taxes. . .
This Document Is Recorded
Copies. .
For the Benefit of the AMT PAI D
Town of Los Altos Hills
And is Exempt from Fee REGINA ALCOMENDRAS RDE # 004
Per Government Code SANTA CLARA COUNTY RECORDER 7/14/2009
Sections 6103 and 27383 Recorded at the request of 2:39 PM
City
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk Oc,uumt 3k0 3 3 ( 6 7
AGREEMENT FOR OPEN SPACE EASEMENT
This A eement fpr Open Space Easement ("Agreement") is made and
entered into this /say of , 2009, by and between Min Zhu and Yu
Qing Xu, ("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 24920 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:
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
. IP
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 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 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 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.
`. .,
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: O 6(/ , 2009
Min Zhu
Date: 0 to ( I 74 • , 2009
Qing Xu Yui
TOWN OF LOS ALTOS HILLS:
Date: /5- , 2009
Mayor
ATTEST:
City Clerk . ,.
Exhibit A '
Legal Description of Open Space Easement Property
and Plat Accompanying Description
e
'0,
STATE OF CALIFORNIA )
SANTA ) SS:
COUNTY OF cLARA )
PUBLIC
On JUNE 12, , 2009,before me,SLEW LOH, NOTARY personally appeared
**MTN ZHU** ,personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)w ose name(s is re subscribed to e within instrument
and acknowledged to me t e she/they executed the same i is/ er/their authorized
capacity(ies), and that b his/ er/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 laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
tom, SIEW LOH
` �-
# 5 aC Notary Public-California t
■1 � � Santa Clara County
`Y' MyComm_Expires Jul 12_2009y
STATE OF CALIFORNIA )
SANTAA ) SS:
COUNTY OF CLARA )
PUBLIC
On JUNE 12, 2009,before me,SIEW LOH, NOTARY personally appeared
**YU QING XU**, personally known to me (o roved to me on the basis of satisfactory
evidence)to be the person(s) whose name(s�re subscribed to the w'thin instrument
and acknowledged to me that h:, they executed the same in hi er/heir authorized
capacity(ies), and that by hi iSto eir signature(s) on the instrument the person(s), or the
entity upon behalf of which t e 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.
.� SIEW LOH
' ? Commission#1590445
Si ature �*_ :J a Notary Public-California
Santa Clara County
t•". My Comm.Expires Jul 12,2009
Si
•
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
LOS ALTOS HILLS, CALIFORNIA
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," FILED FOR RECORD
MAY 10, 1954, IN BOOK 48 OF MAPS AT PAGE 56, SANTA CLARA COUNTY RECORDS, ALSO
BEING A PORTION OF THE PARCEL OF LAND AS DESCRIBED IN DOCUMENT NUMBER
19150858, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 3, AS SHOWN ON SAID
TRACT MAP, ALSO LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LA LOMA COURT:
A
THENCE, ALONG THE WEST LINE OF LOT 3, SOUTH 11°06'48"WEST, 268.58 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE, ACROSS SAID LOT 3, THE FOLLOWING TWO (2) COURSES:
1. SOUTH 78°53'12" EAST, 142.88 FEET; AND
2. NORTH 75°31'04" EAST, 60.90 FEET TO THE EAST LINE OF THE PARCEL
DESCRIBED IN DOCUMENT NUMBER 19150858;
THENCE, ALONG SAID EAST LINE, SOUTH 06°07'08" EAST, 174.55 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL;
THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 77°30'00"WEST, 249.59
FEET TO THE SOUTHWESTERLY CORNER OF LOT 3;
THENCE, ALONG THE WEST LINE OF LOT 3, NORTH 11°06'48" EAST, 134.36 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 32,052 SQUARE FEET, MORE OR LESS.
PREPARED ON APRIL 7, 2009
\c0- LA d REVISED ON APRIL 28,'2009
<(/6)c-37 SG (ENGINEERING \
O ��
Tom H. Milo ��.
No. 6438 731 TOM H. MILO LS 6438
Exp. 12/31/2010 * EXPIRATION DATE 12/31/2010
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•
SHEET 1 OF 2
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STATE OF CALIFORNIA _
SANTA CLARA COUNTY
TOWN OF LOS ALTOS HILLS
LOT 1
\ -
APN 336-32-030
\`� 5/93
'•,.. 93 LOT 2
96 - •s3F APN 336-32-029
.6s, \ LiNI-
POC �'-.,
SA >•Vx3 �
BK.480PG.56 I 9 9393„
I1
R=40.00', L=24.89' ' S.g9•
D=35'39'33" - `39
66 G`�F PORTION OF LOT 3
R=40.00', L=72.39' APN 336-32-028
D=103'41'11" I PORTION OF LOT 3
- TRACT N0. 1275
- TOYON%i9T ;i:::
TATES PARITION%
rn BOOK
APS, PAGE 56
-P I
' I
LOT 4 • I �'��o
10' PIPE LINE "%6'•
APN 336-32-025 - EASEMENT o�
'-r'.. --
' '''' ' BK.48 PG.56 o PORTION OF LOT 3
\cP, APN 336-32-027
TPOB �,O11, ` LEGEND :
cA
878'83'12"E �%g0 \� POC POINT OF COMMENCEMENT
CO- 142.88' R/W RIGHT OF WAY
\� I TPOB TRUE POINT OF BEGINNING
Sz \ PUE PUBLIC USE EASEMENT
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g Tom H. Milo I
I oo OPEN SPACE EASEMENT ----... c..0%
No. 6438 m 32,052± SF
E .. 12/31/2010 `, I \
Xi' \.. I rn 10' PUE
4/4- g CAS 4'.' ..4\k
- I �BK.48 PG.56
N77'30'00"W r 249.59'
EXHIBIT 'B' .
PLAT TO ACCOMPANY LEGAL DESCRIPTION ENGINEERING
OPEN SPACE EASEMENT
LANDS OF XU 2118 Walsh Avenue,Ste 120
24920 LA LOMA COURT it Santa (4 va)80 97180
Phone:c4ossos-71e7
Los Altos Hills
APN 336-32-026 California Fax:(408)583-4006
SCALE:. = 60 DATE:04/20/09 DRWG. NAME: (PROJECT NO.
SHEET 2 OF 2
• ‘, •
RESOLUTION NO. 2 3-0 9
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 Yu Qing Xu ("Owner") owns the property commonly known as
24920 La Loma Court, Los Altos Hills, California; and
WHEREAS,the Town has adopted a General Plan and, ursuant thereto, may accept grants
p P
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 ("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 Owner 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 Owner;
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.
iPet
PASSED AND ADOPTED this l day 6 of LL/A-421 , 2009
BY: & - `- .
Mayor
ATTE T: '
Certified as a true cosy
City y Clerk B �.. "
City Clerk of the T. n of Los 'Itos Hills