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Home My WebLink AboutResolution 03-25 with Attachment A RecordedRECORDING REQUESTED BY TOWN OF LOS ALTOS HILLS WHEN RECORDED MAIL TO City Clerk Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 This document is recorded on behalf of the Town of Los Altos Hills and is exempt from recording fees pursuant to Government Code §§ 6103 and 27383. Release 258 16252 Regina Alcomendras Santa Clara County - Clerk -Recorder 06/03/2025 01:58 PM Titles: 2 Pages: 10 F. 10-00 0 0.. 00 Taxes: 00 Total: mill' P , IHP WMa JJWJM161111W Will SPA CEA80VE THIS LINE FOR RECORDER S USE Certified Copy of Resolution Certified Copy of Resolution 03-25 of the . City Council of the Town of Los Altos Hills, California Approving Agreement for Open Space Easement Lands of SA 96 LLC) APN: 175-10-002 14096 Seven Acres Lane, Los Altos Hills, CA 94022 RESOLUTION 03-25 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT LANDS OF SA 96 LLC) WHEREAS, SA 96 LLC ("Owner") own the property commonly known as 14096 Seven Acres Lane, Los Altos Hills, California (APN 175-10-002); 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 29th day of January 2025, by the following vote: AYES: Tyson, Swan, Tankha, Bhateja, Mok NOES: ABSTAIN: ABSENT: BY: ATTEST: Kavita Tankha, Mayor R;, , I hewn, fto- a 0 - - 004 III RESOLUTION 03-25 Certified as a true copy City Clerk of the Town of Los Altos Hills 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 I day of 2024, by SA 96 LLC ("Owners"), the owners of the property located at 14096 Seven Acres Lane, and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town"). RECITALS A. Owners own that certain real property in the Town of Los Altos Hills commonly known as 14096 Seven Acres Lane, Los Altos Hills, California (APN 175-10- 002). 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 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 tern 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, any existing improvements, 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 the existing vineyard which may remain (any expansion shall not encroach into the Open Space Easement); 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. 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: e, C 1 , 2024 SA 96 LLC Date: 2-12-o 2p2S ATTEST: ( ln4a'Miller, City Clerk Sowmya Thvar, Member TOWN OF LOS ALTOS HILLS: Kavita Tankha, Mayor CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 1189 CIVIL CODE 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 6*ft 1 CIOP C. On I , 2024, before me, kekv) fZUhVYK Notary Public, personally appeared SOW Dn4. IZg h g&lhnot} el h Thya EZ , who proved to me on the basis of satisfactory evide ce 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. e1(1 C14 3RUNIM Notary Pudlle • California Santa Clara County Commission 4 2478720 my Comm. Wires Jan 6, 2028 r Signature: (Seal) Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF SA 96 LLC 14096 SEVEN ACRES LANE, LOS ALTOS HILLS, CALIFORNIA An easement over that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of Lot 1, as shown on the certain map entitled Tract No. 1813 Acacia Acres" filed in the office of the County Recorder of Santa Clara County on October 31, 1956 in Book 73 of Maps at Page 33, as shown on Exhibit `B" made a part hereof, more particularly described as follows: Beginning at the most North corner of said lot; thence along the Northerly line of said lot South 59°05'45" East, 56.67 feet to the Northeast corner of said lot; thence along the Easterly line of said lot South 00°5832" West, 34.62 feet; thence leaving last said line North 59°05'45" West, 92.54 feet; thence North 86°18'20" West, 39.87 feet to said northerly line of said lot; thence along last said line North 79°10'00" East, 72.45 feet to the Point of Beginning. Containing 2,600 square feet, more or less. The bearings described are based on the Northwest line of said lot being North 79010'00" East. END OF DESCRIPTION PREPARED BY O ER THE SUPERVISION OF PATRICK C. W BER, LS 8162 GACorrespondence\2020 JOBS\2200971 CI\EASEMENT D0CS\Archive\05-10-21\EXHIBIT (OSE) A rev2.docx Page 1 of 2 Vi p'Ro POINT OF s 0 —00 wBEGINNING E 72.45' ... SS0 N86*18'20"W ..:.:.:.:.:.:.:.... . ) a I..... OPEN zPACE o. EASEMENT 29600 SQFT. + S00°58'32"W 20' WATER EASEMENT 34.62' 73 MAPS 33) N59'05'45"W 92.54' LANDS OF SA 96 LOT I ` RAC i Moo 73 MAPS 33 THE BEARINGS SHOWN ARE BASED ON THE NORTHWEST LINE OF LOT 1, TRACT No. 1813 FILED IN BOOK 73 AT PAGE 33, SANTA CLARA COUNTY RECORDS, SHOWN AS N79'10'00"E. 0 15' 30 60 SCALE: 1 " = 30' LANDS OF MODS Apm., 176-10-0% LLCM 1813 Eo LA p ly, W moo CL m 0. 2 r Or Emilill, " B " LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL 1n=rte DESCRIPTION FOR CIVIL ENGINEERS • LAND SURVEYORS OPEN SPACE EASEMENT REGION2495AN USTRIIALAY REAIOPKWY WEST 3017RDOUGLAOS BLVD, # 300 14096 SEVEN ACRES LANE HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 P) (510) 887-4086 (P) (916)966-1338 LOS ALTO HILLS, CALIFORNIA F) (510) 887-3019 (F) (916)797-7363 SALNTA CLin COUNTY WWW.LEABRAZE.COM JOB NO: 2200971 Cl SCALE: 1"= 30' DRAWN BY: PCW PAGE 2 OF 2 MAY 17, 2021 Point of Beginning : North.: 7992,3887' East: 11335.2777' Segment #1 : Line Course: S59° 05'45"E Length: 56.67' North: 7963.2840' East: 11383.9000' Segment #2 : Line Course: S00° 58'32"W Length: 34.62' North: 7928.6729' East: 11383.3106' Segment #3 : Line Course: N590 05'45"W Length: 92.54' North: 7976.2029' East: 11303.9068' Segment #4 : Line Course: N86018' 20"W Length: 39.87' North: 7978.7718' East: 11264,12061 Segment #5 : Line Course: N79° 10'00"E Length: 72.45' North: 7992.3887' East: 11335,27771 Perimeter: 296.14' Area: 2600.43 Sq. Ft. Error Closure: 0.0075 Course: S39° 28' 15"E Error North: -0.00580 East: 0.00477 Precision 1:39486.67