HomeMy WebLinkAbout56-14 RESOLUTION 56-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Lam and Chann)
WHEREAS, Jack Lam and Gina Chann ("Owner") own the property commonly known as 24100
Hillview Road, 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 ("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, 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 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 was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 21 st day of August, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BAAohn;R�2ancdford,
Mayor
Resolution 56-14 Page 1
ATTEST:
T3eborah.Padovan, City Clerk
Resolution 56-14 Page 2
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
N
This Agreement for Open Space Easement ("Agreement") is made and
entered into this 21st day of August , 2014, by and between JACK LAM and
GINA CHANN, ("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 24100 Hillview 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:
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
Resolution 56-14 Page 3
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 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.
Resolution 56-14 Page 4
5. Restrictions on Public Use. The public shall not have a right of entry upon
the Property. The xight 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: M cry 5 52014
Own { Jack am
Owner Gina Chann
TOWN OF LOS ALTOS HILLS:
Date: September 3 2014
ayor-John Radford
ATTEST:
City Ci Clerk-Deborah Padovan
Resolution 56-14 Page 5
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On .5 JI S ` , 2014, before me, ►z� �'1/L0�!� P V K6_ M-U C10,Notary
Public,personafly appeared .CAUL LA n_4 d al/U14 who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
4skg)subscribed to the within instrument and acknowledged to me that he/-ske/tjjjy)
executed the same in hi-Aer/JEE�authorized capacity(ies), and that by his�herdhmoi
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. PHuoric ouvo oAo cHu
Comm. No.1940768 a
m. fig. NOTARYPUBLIC•-CALIFORNIA D
SANTA am,COUNTY
My Comm E ipires July 10,2015
Signature: (Seal) --
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On September 3 , 2014, before me, Deborah L. Padovan ,Notary
Public,personally appeared John Radford ---------------- 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.
DEBORAH L.PADOVAN
Commission 10 1929787
Signature: (Seal) z ' Notary Public-California z
Sonoma Co6rity
M Ex fires Comm. Apr 19;2o15
Resolution 56-14 Page 6
Certified as a true copy
RESOLUTION 56-14 By
Cily Clerk of ilia Tom,of Les Alm Fills
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Lam and Chann)
WHEREAS, Jack Lam and Gina Chann ("Owner") own the property commonly known as 24100
Hillview Road, 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 ("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;
WHYREAS, 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, 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 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 was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 21 st day of August, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY: �2eek
ohn Radford, Mayor
Resolution 56-14 Page 7
Resolution 56-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 56-14 Page 8
Resolution 56-14 Page 2
Exhibit A
Legal Description
Open Space Easement
24100 Hillview Drive
Los.Altos Hills, California
Portion of Parcel A, as shown upon.that certain Map entitled "Parcel Map
Resubdivision of Parcel 2, as shown on that certain Map, Recorded in Book 328
of Maps at Page 45, records of Santa Clara County California", which Map was
filed for record in the Office of the Recorder of the County of Santa Clara, State
of California, on December 17, 1985 in Book 553 of Maps, at Page 38, more
particularly described as follows:
Beginning at a point at the intersection of the northwesterly line of Magdalena
Avenue and the dividing line of Parcel Aand Parcel B as shown on Said Map;
thence along said dividing line of Parcel A and Parcel B, North 82°15'08" West,
70.00 feet; South 77°15'00" West, 83.00 feet; South 82045'00" West, 83.00 feet;
and North 26000'00" West, 15.05 feet; thence leaving said dividing line of Parcel
A and Parcel B, North 73028'26" East, 79.46 feet; thence easterly along a
tangent curve to the right, through a central angle of 41043'02", a radius of
235.52 feet, and an arc length of 171.48.feet to a point on said northwesterly line
of Magdalena Avenue, said northwesterly line of Magdalena Avenue being a
curve, concave to the northwest, and having a radial bearing of South44039'36"
East; thence southwesterly along said northwesterly line of Magdalena Avenue, a
curve to the right, through a central angle of 001015", a radius of 1960.00 feet,
and an arc length of 5.84 feet to the POINT OF BEGINNING.
Containing an area of 4,787 square feet, more or less.
End of description.
Prepared by or Under the
Supervision of: 1.RN 0 S
A �
(Ian'Wiu,
CAN LS8235 EX
.82
�x OA,y�Fos
Date
Resolution 56-14. Page 9
LOT CLOSURE CALCULATION
OPEN SPACE EASEMENT
24100 HILLVIEW DRIVE, LOS ALTOS HILLS, CA
Lot Name: LOT 1
Lot Description: OPEN SPACE EASEMENT
Lot ID: LOT1
Lot Area(Square Feet): 4,787
Course Data:(Mapcheck Through Radius Points Method)
-------------------------------------------------------------------------------
Point Northing Easting Direction Distance
Begin 5000.0000 5000.0000 N82015'08"W 70.00
5009.4369 4930.6390 S77015'00"W 83.00
4991.1190 4849.6856 S82045'00"W 83.00
4980.6441 4767.3459 N26000'00"W 15.05
4994.1704 4760.7487 N73028126"E 79.46'
5016.7718 4836.9222 RIGHT CURVE
DELTA 41043'02" L=171.48 R=235.52
5004.1015 5004.1629 RIGHT CURVE
DELTA 0010'15" L=5.84 R=1960.00
Departure in Y (Northing): 0.0000
Departure in X(Easting): 0.0000
Date
Resolution 56-14 Page 10
vo. -�-.�- N
� U
-vo. BFgA'/rNc� zww \-
LAND OF LAM
PCL. 1 336-17-036
� � PCL. A
1 (553-M-38) \`.� R=20.00'
�' ��- 4=542258"
COURSE & CURVE OPEN SPACE OR CURVE B 9oiy���. L-18.98'
4--414J'02" ��`,`�6_- -
1 4=0'10'15" R=1960.00' L=5.84' % EASEMENTo N43�5 00 E 1256
0 R=235.52 /
/ A� 4,787 SFf L=171.48'
�2 S26 00 00 E 15.05 / o�r' 79.46, ,�E %/T
o�o� N73'2$26 ���j�%�'f��� j/� �Iii 1 0 / CURVE A
70 00'- 4=145'39"
/ 3.00 Q
2 8 •15'00 E S827508 E: �1 R=1960.00
----- 2 83.000„E N77 /FOUND L=60.24'
\ / EASEMENT N8245 0 _____�j i ” / MONUMENT
(E)60FLOOD CONTROL _ ,
\ j i h� BOX
FOR _M-38 / RADIAL TO CURVE B
PER 553 / P:
33 36���I�Oo g �Qyw/
\ PCL. B
(553-M-38) / .00h/
.LEGEND: \ /' i�
P.O.B. POINT OF BEGINNING'\
-------PROPERTY LINE
-----CENTER LINE /
— — —MONUMENT LINE
---------EASEMENT LINE FOUND SCALE: 1"=80'
OPEN SPACE EASEMENT
MONUMENT JULY 10, 2014
BASIS OF BEARINGS: LAND
THE BEARING, N70°45'37"W, OF THE CENTER LINE OF HILLVIEW ������•RA N
DRIVE, AS SHOWN ON THAT CERTAIN MAP FILED IN THE OFFICE 0
OF THE RECORDER OF SANTA CLARA COUNTY, STATE OF 3
CALIFORNIA, IN BOOK 553 OF MAPS AT PAGE 38, WAS USED * Ex
AS THE, BASIS OF BEARINGS SHOWN ON THIS PLAT.
s N0. L8235 \P
TgTF OF
EXHIBIT B
PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR W E C 2625 MMDLEFIELD RD#658 TEL: (650) 823-6466
OPEN SPACE EASEMENT & ASSOCIATES PALO ALTO,CA 94306 FAX: (650) 887-0321
LAND OF LAM
24100 HILLVIEW DRIVE
LOS ALTOS HILLS,CA
ResolutionLL