The URL can be used to link to this page

Home My WebLink About59-99• RESOLUTION NO. 59-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT ON LANDS OF HUANG a WHEREAS, Lily C. Huang, ("Owner") has offered to dedicate an easement to the Town on the Lands of Huang; and WHEREAS, the City Council of the Town has read and considered that Agreement for Conservation Easement. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town of Los Altos Hills hereby accepts the Agreement for Conservation Easement on behalf of the public. 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Agreement for Conservation Easement. PASSED AND ADOPTED this 21st day of ATTEST: City Clerk October 1999. • r 3\1ah\res\huang.consv.eas �`r y -v i • 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 I DOCUMENT: 15057838 Titles:1 / Pages: 9 Fees....* No Fees Taxes... A001505783&# Copies.. AMT PAID BRENDA DAVIS RDE # 009 SANTA CLARA COUNTY RECORDER 11/15/1999 Recorded at the request of 2:44 PM City AGREEMENT FOR CONSERVATION EASEMENT This agree -me r� made and entered into this "?e day of S�If-Q- by and between Lily C. Huang ("Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owner is the owner of certain real property in the Town commonly known as 27760 Sherlock Road, Los Altos Hills, California and more particularly described as: Real Property shown as -Lands of D.F.. Lahey On that Record of Survey filed in the Office of the Recorder of the County of Santa Clara, State of California, on April 1, 1987 in Book 572 of Maps -at Page 29. B. Town has adopted a General Plan and, pursuant thereto; may accept grants of conservation and open space easements on privately owned lands lying within the Town. C. Town finds this conservation easement to be consistent with the adopted Town's General Plan and in the best interest of the Town. D. Both Owner and Town desire to limit the use of a portion of the property described above by dedication of a conservation 1 3\1ah\agm\huang.cnsry 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 the 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 Conservation Easement. Owner, as grantor, hereby grants a conservation easement to the Town of Los Altos Hills, a municipal corporation, County of Santa Clara, State of California, over the real property described and shown on as Exhibit A hereto (the "Property"-) to have and to hold said conservation 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 conservation easement are made and entered into pursuant to Civil Code Sections 815 through 816 and 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 chapter including any amendments thereto which may hereafter be enacted. 3. Restriction on Use of Property. During the term of this Agreement and the conservation easement granted herein, the Property shall not be used for any purpose other than a conservation easement and those uses related to or compatible therewith. Owner, for the direct benefit of the Property described herein and of the Owner, 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 easements, paths dedicated to the Town and the septic system approved by the County of Santa Clara Health Department, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will 2 3\1ah\a9m\huang.cnsry be incompatible with maintaining the 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 characteristic of the land; and C. against the grading. of land other than attendant to permitted uses; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures. 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. 4. 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 landscaping, trees or natural growth upon the Property. 5. Term of Agreement. This conservation 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. 6: Successors in Interest. This Agreement and the conservation easement shall run with the Property and shall be 3 3\Iah\agm\huang.cnsry binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Date: 1-9-" Date: October 21 1999 4 OWNER ily Huang TOWN O S ALTOS H LS By: Its: Mayor ATTEST . City Clerk 3\1ah\agm\huarg.cns — STATE OF CALIFORNIA SS: COUNTY OF > G{d ) On , `j, before me, the undersigned Notary Public, person•lly appeared LILY C. HUANG, personally known to me (or 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. - WITNESS my hand and official seal. - JUDY Y. MAO Corrin MIM # 1125752 J No1W Pubuc — CdfOmb soft clary County Signature My Comm EVhn Feb 9.2001 r 5 3\1ah\agm\huang.cnsry SEP 03 '98 0 9AM LOS ALTOS HILLS P.7 1 r6wwuliani & Kull, Ince San Jose - Oakdale - Auburn - LANDS OF HUANG 27760 SHERLOCK ROAD DESCRIPTION OF CONSERVATION EASEMENT ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS A PORTION OF THAT CERTAIN REAL PROPERTY SHOWN AS LANDS OF D.F,_LAHEY ON THAT RECORD OF SURVEY FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CT .ARA STATE OF CALIFORNIA, ON APRIL 1, 1987 IN BOOK. 572 OF MAPS AT PAGE 29 AND MORE PARTICULARLY DESCRIBED A& FOLLOWS: COAfMENCING AT THE NORTHEASTERLY CORNER OF LANDS OF LAHEY, AS SHOWN ON TBE HERINABOVE DESCRIBED RECORD OF SURVEY, THENCE ALONG THE EASTERLY -BOUNDARY OF SAID LArS=.QRLAHEY SOUTH 34' 05' WEST 43.10 FEET; - - - THENCE SOUTH 4 ° 02' WEST 2.46 FEET TO THE POINT OF BEGINNING; - - THENCE SOUTH 40 20' WEST 217.58 FEET TO A POINT IN ALINE 30 FEET NORTHERLY OF AND PARALLEL WITH THE MOODY ROAD MONUMENT LINE AS SAID MONUMENT LINE IS SHOWN ON THE HEREINABOVE DESCRIBED RECORD OF SURVEY; n.EENCE ALONG SAID 30' OFFSET LINE NORTH 37° 35' WEST 41.98 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET THROUGH A CENTRAL. ANGLE OF a5 ° 51' 16" AN ARC DISTANCE OF 152.25 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A CURVE TO TIE RIGHT HAVING A RADIUS OF 170.00 FEET THROUGH A CENTRAL ANGLE OF 340 59'41" AN ARC DISTANCE OF 103.83 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 78 ° 27'47', AN ARC. DISTANCE OF 34.24 FEET; THENCE LEAVING SAID 30' OFFSET LINE SOUTH 78° 26 35" EAST 24.49 FEET TO A POINT IN A LINE PARALLEL. WITH AND 50 FEET NORTHERLY OF THE HERINABOVE DESCRIBED MOODY ROAD MONUMENT LINE; THENCE ALONG SAID 50' OFFSET LINE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET THROUGH A CENTRAL ANGLE OF 300 23'44" AN ARC DISTANCE OF 79:58 FEET; Exhibit 4880 Stevens Creek Blvd„ Suite 205 • San Jose, CA 95129 • (408) 615•x000 • Fax (408) 616-4004 SEP 03 '98 07:40AM LOS ALTOS HILLS P.8 THENCE LEAVING SAID 50 FOOT OFFSET LINE NORTH 38° 59' 40" EAST 78.40 FEET TO A POINT IN A LINE 10 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF A WRIGHT OF WAY FOR SHERLOCK ROAD (PRIVATE) AS SHOWN ON THE HEREINABOVE DESCRIBED RECORD OF SURVEY; THENCE ALONG SAID 20' OFFSET LINE NORTH 85° 02'23 11 EAST 33.00 FEET; THENCE ALONG THE ARC OF A, CURVE TO TIE -LEFT HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAL ANGLE OF 400 10' 00" AN ARC DISTANCE OF 77.11 FEET; THENCE NORTH -44° 52'23" EAST 39.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 300 36 13" AN ARC DISTANCE OF 21.37 FEET TO THE POINT OF BEGINNING. - _ - END OF DESCRIPTION. EP k ..� T . 13'98 07:40AM LOS ALTOS HILLS—, P•9 r - low _.��. ,. V � , of d _ o vG ulian & Mill, Inc: LE"L ®ESCFUFTION_jls i 4880Ste4e6g Creek Blvd. • Suite 205 =' T Son Jose . CA 94129CONSERVATION EASEMENT ENT ; t.R. (4 08) -615- 4OU0 _ • - _ I -D "! .('308) 6I5-4004(Fax) LOS ALTOS HILLS, CALIFORNIAT'•