HomeMy WebLinkAbout27-15 RESOLUTION 27-15
RESOLUTION OF THE CITY COUNCIL OF THE
. TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Tan)
WHEREAS, Yi Tan ("Owner") owns the property commonly known as 26475 Anacapa Drive
(APN 175-53-016), 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 special meeting held on the 20th day of April, 2015 by the following vote:
AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY
Court a *1gan
Resolution 27-15 Page 1
ATTEST:
Deborah Padovan; City Clerk
Resolution 27-15 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
This Agreement for Open Space Easement ("Agreement") is made and
entered into this 16th day of March, 2015, by and between YI TAN, ("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 26475 Anacapa Drive, 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:
Resolution 27-15 Page 3
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,
(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 27-15 Page 4
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: March 16 2015
Yi Tan
TOWN OF LOS ALTOS HILLS:
Date:Mf, 2015
"Mayor- bnay rri n
ATTEST:
City Clerk-Deborah
'Md
Resolution 27-15 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 Los Angeles )
County of ) Gustavo R. Salcrado, Notary Public
On �y � � before me, ,
DateA� Here Insert Name and Title of the Officer
/
personally appeared `// I--
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Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person) whose name islaKe
subscribed to the within instrument and acknowledged to me that he/s�efthey executed the same in
his/f eir authorized capacity(iles), and that by his/fir signature(k on the instrument the person(k,
or the entity upon behalf of which the person() 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.
GUSTAVO lZ.SALGADO
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COMM.#1989953 W
Notary Public-California 4 Signature
m LOS ANGELES COUNTY A
My Comm.Exp.Sep.28,20161Signature of N ary Public
Place Notary Seal Above.
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
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Title or Type of Document/w4_74,416 o cu en Date:
Number of Pages: 3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
D Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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CALIFORNIA ALL-PURPOSE 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 CQ'X)� C&/- t_ )
On 77 C'Q 02 0/S before me, the bo U f1 L. OW17 A)6-htq tOOLIle, ,
Date Her Insert Name and Title of the icer
personally appeared ��i� ✓Z �• l�l�l C/
Name(s) of Si r(s)
who proved to me on the basis of satisfactory evidence to be the personK whose namers) isfe-Fe
subscribed to the within instrument and acknowledged to me that he�she/they,executed the same in
44is/her/their authorized capacity(i%e4 and that by-his/herAiieir signature*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.
DEBORAH L.PADOVAN WITNESS my hand and official seal.
Commission#2104366
Notary Public-California =
Santa Clara County Signature
My Comm.Expirm Apr 19.2019 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, 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 Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
'❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
r
02014 National Notary Association -www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
Resolution 27-15 Page 7
I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal.
Deborah Padovan, City Clerk
Date: May 22, 2015
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 27-15 Page 8
Certified as a true copy
RESOLUTION 27-15 Gy
Cl i Carl,of tie To,,-,,a of Los A:ss i ;a
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Tan)
WHEREAS, Yi Tan ("Owner") owns the property commonly known as 26475 Anacapa Drive
(APN 175-53-016), 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 special meeting held on the 20th day of April, 2015 by the following vote:
AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY
Court a o lgan ayor
Rejolption 27-15 Page 9
Resoution 27-15 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 27-15 Page 10
Resolution 27-15 Page 2
EXHIBIT A - LEGAL DESCRIPTION
Open Space Easement—Lands of Tan
26475 Anacapa Drive, Los Altos Hills, CA
Situate in the Town of Los Altos Hills, County of Santa Clara, State of California, and being a portion
of Lot 12, Block E, as shown on that certain subdivision map entitled, "Tract No. 1848 Fremont Hills
Unit No. 1" which was filed for record in Book 76 of Maps, pages 12-14 on January 16, 1957, being
more particularly described as follows:
BEGINNING at the most easterly corner of said Lot;
1. Thence along the northeasterly line of said Lot, North 41 052'27"West, a distance of 111.39
feet, to the True Point of Beginning;
2. thence leaving said line, South 86°41'06"West, a distance of 39.29 feet;
3. thence South 76025'48" West, a distance of 26.88 feet;
4. thence South 70°57'01" West, a distance of 75.02 feet;
5. thence South 61022'41" West, a distance of 10.48 feet;
6. thence South 37006'59" West, a distance of 16.34 feet;
7. thence South 65058'23" West, a distance of 16.05 feet, to the southwesterly line of said
Lot;
8. thence along said line, North 38°41'45" West, a distance of 150.26 feet, to the most
westerly corner of said Lot;
9. thence along the northwesterly line of said Lot, North 59°45'00" East, a distance of 160.00
feet, to the most northerly corner of said Lot;
10. thence along the northeasterly line of said Lot, South 41052'27" East, a distance of 188.33
feet, to the True Point of Beginning.
The herein described parcel is shown on the attached plat, Exhibit B, and is made a part hereof.
[Basis of bearings are those shown on said subdivision map, Book 76 Maps pages 12-14]
Containing an area of 25,760 square feet, more or less
This description was prepared by me or under my direct supervision.
Q
ND SU
G• Tgy�LFj- 04/06/2015
Bryan G. Taylor, PLS J m� �� � Date
License No. 7551, Expires 12/31/15 * EXP12/31/15
NO,7551
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Resol qT7 CAS\FPage 11
Page 1 of 2
— _ LANDS OF IMLERNON
—� — — APN 175-44-050 0
N 59'45'00" E
160 00
5
P.U.E. AND
S.S.E.
z I I oZ Ln
W
cl� Ln
cn o
I �
OPEN SPACE EASEMENT �1 5� J Ln
ccn °N'- 25,760 SQ. FT.f I N
LANDS OF SAN 00 o z
LANDS OF PRICE IAPPJ 175-55-OIC 90
N
APN 175-53--017
W J �
LOT 13 I LOT 12 LOT 11
I
Ds 75 0 '
S65'58'2 05' I S 70'57,1" I
O I I S61'22'41"W W
EX 31 * I 10.48 I TPOB
* S76 25 48 W
0.75 1 \� I S37'06'59"W 26.88' J�
16.34' S86'41'06'v
FDF CAvW I 39.29' I
BLOCK E
BASIS OF BEARINGS — —
POB
�O 76 MAPS 12-14 gNgC
O _ _ iso pq �R/V
ftej E
I
l TRACT NO. 1848 FREMON T HILLS UNIT N
BOOK 76 MAPS 12- 14
EXHIBIT B
PLAT ACCOMPANYING LEGAL DESCRIPTION - OPEN SPACE EASEMENT
LANDS OF TAN SCALE PAGE
1"=50 2 OF 2
26475 ANACAPA DRIVE
BOT LAND SURVEYING LOS ALTOS HILLS DATE JOB
1206 S.Amphlett Blvd.,San Mateo,CA94402 (6500)2,2-1030 CALIFORNIA 03/2015 14.-065