HomeMy WebLinkAbout14-14 RESOLUTION 14-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Chen)
WHEREAS, John and Chun-Chi Chen ("Owners") owns the property commonly known as 2210
Old Page Mill 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 ("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.
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 20th day of March, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 14-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 14714 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 day of 6b 1vr4,w , 2014, by and between John Chen and
Chun-Chi Chen, ("Owner") and the To 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 2210 Old Page Mill 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 14-14 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 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.
Resolution 14-14 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 thea ose of inspection of condition of the Pro erty.
p iP p p
6. Term of Agreement. Thus 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: _ r i , 2014 '
er
7
—.-.
er
TOWN OF LOS ALTOS HILLS:
Date: 95 . 2014 —
ayor- John Radford
ATTEST:
City Clerk-Deborah Padovan
Resolution 14-14 Page 5
STATE OF CALIFORNIA }I c's Republic of' Chi n a)
;• .,iic �I:;iiity of Shangh
COUNTY OF SANTA CLARA :. ""l `' (i C n e ra l or t h ;} �r1es T. Core
t:ni(cd -States of Americ Vice Consul of the
On 2 7 FER 20142014, before 1n , United States of Amer' tary
Public, personally appeared i fie% 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/sem
executed the same in his/hef�4reir authorized capacity(ies), and that by hisAietMteir
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.
American Consulate General
Signature: / (Seal) z=__= Shanghai China
tSIDE IAL COMMISSIONS 0 NOT EXPIRE
STATE OF CALIFO IA )
COUNTY OF SANTA CLARA )
OnZ��_rT �a r�' , 2014, before me, _Har f X)ef , Notary
Public, personally appeared L bj , 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.
EISUK0 HARTNETT
Commission# 1913aO5
Notary Public-Calltortiia i
z ±Y ) San Mateo County
Signature: � (Seal) ',. MYComm.ExpiresDecl2. 01-j
Resolution 14-14 Page 6
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA )
On March 26, 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 whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, 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.
DEBORAH L.PADOVAN
Commission*1929787
z ;:s Notary Public-California i
Z Sonoma Count
Signature: (Seal) M Comm.Expires Apr 19.2015+
Resolution 14-14 Page 7
• •
I, Deborah Padovan, duly appointed City Cleric 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 Cleric
Date: March 26, 2014
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 14-14 Page 8
�C2rNlled as a tr lls oopy
RESOLUTION 14-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Chen)
WHEREAS, John and Chun-Chi Chen ("Owners") owns the property commonly known as 2210
Old Page Mill 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 ("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.
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 20th day of March, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 14-14 Page 9
Resolution 14-14 Page 1
ATTEST:
`v
Deborah Padovan, City Clerk
Resolution 14-14 Page 10
Resolution 14-14 Page 2
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
Resolution 14-14 Page 11
EXHIBIT "A"
LEGAL DESCRIPTION FOR
25' OPEN SPACE EASEMENT
LANDS OF CBEN
2210 Old Page Mill Road
Los Altos Hills, CA
All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara,
State of California, described as follows:
A strip of land 25.00 feet in width, lying within Parcel One as described in the Grant Deed from
Dwight C. Miller, Sr., Trustee, The Miller Family 1995 Revocable Trust UTD DTD, February
15, 1995 to John Chen and Chun-Chi Chen, husband and wife as community property,
Document No. 19950568 recorded August 8, 2008 Official Records of Santa Clara County,
California, more particularly.described as follows:
BEGINNING at a point on the northerly line of said Parcel One, lying distance thereon South
69118'00"East, 305.41 feet from the Northwest corner of said Parcel One, thence South
10145'36"East, 6.92 feet, thence South 14022143" West, 34.28 feet, thence South 41008'43"
West, 100.56 feet to a point on a line parallel to the southwesterly line of said Parcel One and
20.00 feet northeasterly thereof right angle measure, thence along said parallel line North
64°04'30" West, 25.91, thence North 41108'43"East, 101.42, thence North 14122'43"East,
22.76 feet; thence North 10045'36" West, 16.65 feet to a point on said northerly line; thence
along said northerly line South 69°18'00"East, 29.31 feet to the point of BEGINNING.
The above described parcel of land contains 3,532 square feet, more or less.
All as shown on the plat marked Exhibit`B", attached hereto and made a part hereof.
End of description
This legal description was prepared by me or under my direction.
'OtAND
Robe ang Vate ROBERT Y 0
L.S. 031
i WANG :0
No.-8931
Page 1 of 2
Resolution 14-14 Page 12
BASIS OF BEARINGS
THE BEARING N10'44'00"E OF CENTERLINE OF PAGE MILL DRIVE AS ✓q
SHOWN UPON THAT CERTAIN TRACT MAP NO. 2087 "GERTH LANDS OF SNYDER Sys Q
SUBDIVISION" FILED FOR RECORD ON SEPTEMBER 23, 1958, IN a
BOOK 97 OF MAPS AT PAGES 54-55, SANTA CLARA COUNTY DOC # 21721108 (2012) SFR o
RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS PLAT. �N i
N20'42'00"E 128.90' (R2) cyR�STOA
20.08' ` ; , 280 yFR<N
2' a
0 20 40 50 100 VICINITY MAP
N.T.S
LEGEND
SCALE: 1"=50' "'
PARCEL ONE 9::- —-— CENTERLINE
-1
19950568 O.R. � BOUNDARY OF EASEMENT
A C" ---- TIE
RECORD DATA NOT USED
94 CN
R1 97-M-54
W N LANDS OF CHEN. s R2 DOC # 19950568
E-+ N a `�' DOC # 19950568 (2008) IR31 6974 O.R. 278
N (ROTATED 0'36'11" C.C.W.)
o M o 40,680 S.F.f
o
`. to �
^� � N 17
^
3 TRACT N0. 2087
97 M 59
9
ARWIDE 12 S wi DEDICATION
w
Z Z (UNDER SEPARATE INSTRUMENT LANDS OF MUELLER
co
�c DOC # 19298759 (2007)
cn
H 25' WIDE OPEN SPACE
EASEMENT LAN D
' AREA=3,532 S.F.f ��SRT y SG
c, 1 1,4 , N10'45'36"W
N N41 p , 16.65' '� p
843E /
30' 22.76 POIN N0. 8931
20' 1056' S1422'43W BEGINNING
N41 X8¢3' C14N6.92'10'45'36'V Jl9T
f 34.28' F�F CAl\F
TOP OF BANK S14722'43"`N
� I
20.5161.45' (R3) v I
S137
06'47"W 1
6974 O.R. 278
R2)(R3) (166.0— tyGSl Tg VARIE5�
I n 166 — SOF BFAR1 0 (�N1D
BASI
R1)� O� PAGE 1A LY PAGE MILL ROAD
— N10'44 00"E ( R2)CR3) C Gg, ER
(F
DATE: 2/14/14 RW ENGINEERING, INC. EXHIBIT "B"
SCALE: 1'=50' RW CIVIL ENGINEERS LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
505 ALTAMONT DRIVE. MILPITAS, CA 95035 25'OPEN SPACE EASEMENT
BY: RW P 408 262-1899 FAX 408 824-5556 LANDS OF CHEN
( ) ( ) ( � ( ) 2210 OLD PAGE MILL ROAD
SHEET 2 OF 2 rwengineering®gmaillu ion 14-14 LOS ALTOS HILLS,CA Page 13