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Home My WebLink AboutResolution 34-25RESOLUTION 34-25 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF FREMONT HILLS COUNTRY CLUB) WHEREAS, Fremont Hills Country Club ("Owner") own the property commonly known as 12889 Viscaino Place, Los Altos Hills, California (APN 175-55-049); 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, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, 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 passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of May, 2025, by the following vote: AYES: TANKHA, BHATEJA, MOK, SWAN, TYSON NOES: NONE ABSTAIN: NONE ABSENT: NONE BY:�� ATTEST: Kavita Tankha, Mayor a Birdsong -Miller, Clerk RESOLUTION 34-25 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 ML` NT This Agreement for Open Space Easement ("Agreement") is made and entered into this day of , 2025, by and between Fremont Hills Country Club ("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 12889 Viscaino Place, Los Altos Hills, California (APN 175-55-049). 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 and Exhibit B, 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: ITEM 5B ATTACHMENT 2 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 and Exhibit B, (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 Propery. 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 (excluding solar panels), paths dedicated to the Town, approved drainage installations, sanitary sewer installations or an approved septic system, and maintenance of these improvements, 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 ITEM 5B ATTACHMENT 2 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: �' 2 %-^, 2025 Ja s Callah , General Manager TOWN OF LOS ALTOS HILLS: Date: .2025 Kavita Tankha, Mayor ATTEST: Arika Miller, City Cleric ITEM 513 ATTACHNMNT 2 EXHIBIT `A' LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF FREMONT HILLS COUNTRY CLUB 12889 VISCAINO PLACE, LOS ALTOS HILLS SANTA CLARA COUNTY, CALIFORNIA An easement over that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, said lands being a portion of Parcel 1 as shown on that certain Parcel Map filed in the office of the County Recorder of Santa Clara County on May 01, 1995 in Book 665 of Maps, at Pages 4-7, said easement more particularly described as follows: Commencing at the most Northwestern comer of said Parcel 1, said point also being on the easterly right of way line of Purissima Avenue, width varies, as shown on that certain Parcel Map above referred; thence leaving said right of way line North 59°26'36" East, 46.01 feet along the Northern property line of said Parcel 1 to the Point of Beginning; Thence continuing along said line, North 59°26'36" East, 8.88 feet. Thence leaving said line along the following Thirteen (13) courses: South 01°30'22" West, 26.06 Feet; Thence South 43143'08" East, 37.36 Feet; Thence South 40°27'25" East, 14.33 Feet; Thence South 36'16'10" East, 25.48 Feet; Thence South 43° 09' 46" East, 23.01 Feet; Thence South 29°54'29" East, 40.89 Feet; Thence South 19°32'04" East, 33.01 Feet; Thence South 41°15'03" East, 63.02 Feet; Thence South 19°58'45" East, 16.39 Feet; Thence North 38°00'48" West, 126.13 Feet; Thence North 45°27'39" West, 46.72 Feet; Thence North 29°58'07" West, 57.59 Feet; Thence North 14°53'49" West, 45.61 Feet to the Point of Beginning. Containing 2,838 square feet, more or less. A plat showing the above described Open Space Easement is attached hereto and made a part hereof as Exhibit "B". Basis of Bearings The bearing North 30°35'28" West along the Southwesterly property line of Parcel 1 also being the Easterly right of way line of Purissima Road, Width varies, as shown on that certain Parcel Map filed in the office of the County Recorder of Santa Clara County on May 01, 1995 in Book 665 of Maps, at Page 4-7, is the basis of all bearings described herein. END OF DESCRIPTION CDA�NIEL PREPARED BY OR UNDER THE SUPERVISION OF: °`��D iel J. Namyst, LS9831 Date;! N:\projects\2024_JOBS\2242292 SU\DWG\LEGAL DESCRIPTIONS Page 1 of 2 REFERENCES LEGEND D PARCEL MAP BOUNDARY LINE �� 665 MAPS 4--7 PROPERTY LINE DATE 05/01/1995 EASEMENT LINE ® TRACT MAP NO. 1947 RECORD DATA 89 MAPS 29-31 2 1 N59°26'36" DATE 12/27/1957 8.81 N59°26'36"E1 2 i POINT OF COMMENCEMENT POINT OF BEGINNING N 14°53'49"W�-?'-'- 45.61' I N29°58'07"W B N45°27'39"W 46.72' S.JI 00 Z 00 co s e w 3 : w N N in N to M tb Z Z S�Q SAND S�� -�'.- °DAgNIIEL °•e• N0.98 1 °•se° 9rF �F°CAI�F�� ITEM 513 ATTACHMENT 2 0 20 40 80 I -SCALE: CC lop01-4 () LANDS OF FATAIM2AY TRUST F�3 LOT 1, 89 MAPS 29-39 C) 7 DCC. 24629929 V--,_SO1'30'22"W 26.06' 543.43'08"E 37.36' APN 175-M-013 ANDS OF FREMONT COUlH RY CLUE PARCEL 1, 6 MAPS D(E)C 118=87 APN: , OPEN SPACE EASEMENT CONTAINING ±2,838 SQ. FT. S40°27'25"E 14.33' mf} '160± s®.F . 97± ACRES 53616'1 O"E 25.48' S43°09'46"E X23.01' 829°5429"E /-40.89' Sl 9'32'04"E X."--33.01' S411'11 5'03"E N38'00'48"W 63.02' 126.13' S19°58'45"E I 16,39' VICINITY MAP w WAE ;� • THE BEARING NORTH 30°35'28" WEST ALONG THE SOUTHWESTERLY PROPERTY LINE OF PARCEL 1, ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF PURISSIMA ROAD, WIDTH VARIES AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN BOOK 665 AT PAGES 4-7, SANTA CLARA COUNTY COUNTY RECORDS WAS USED AS THE BASIS OF ALL BEARING SHOWN UPON THIS PLAT ALEA & aRAM ENGNMING, INC. EXHIBIT "B f9 CIVIL ENGINEERS • LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION BAY AREA REGION SACRAMENTO REGION FOR OPEN SPACE EASEMENT DEDICATION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, / 300 HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 12889 VISCAINO PLACE, LOS ALTOS HILLS, (P) (510) 887-4086 (P) (916)966-1338 SANTA CLARA COUNTY, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM DRAWN BY: ZH PAGE 2 OF 2 JOB NO. 2242292 DECEMBER 2024 ITEM 5B ATTACHMENT 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 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 On , 2025, before me, , Notary Public, personally appeared , 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. Signature: (Seal)