HomeMy WebLinkAbout63-99RESOLUTION NO. 63-99
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RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF THE AGREEMENT FOR CONSERVATION
EASEMENT ON THE LANDS OF GARRETT
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read
and considered that certain Agreement for Conservation Easement ("Agreement")
between the Town and Diana L. Garrett, Trustee of The Diana Louise Garrett Trust.
NOW, THEREFORE, the City Council of the Town does hereby RESOLVE as
follows:
1. Public interest and convenience require the City of Los Altos Hills to enter
into the Agreement described above.
2. The City of Los Altos Hills hereby approves the Agreement and the Mayor
is hereby authorized on behalf of the Town to execute the Agreement between the City of
Los Altos Hills and Diana L. Garrett, Trustee of The Diana Louise Garrett Trust.
PASSED AND ADOPTED this 4th day of November , 1999.
ATTEST:
G �tD �
Town Clerk
N:\DATA\Clients\L\LAH\ProjectskGarreft\conservEas.res
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
1 DOCUMENT: 15057843
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:1 / Pages
Fees....* No Fees
Taxes...
Copies..
AMT PAID
AGREEMENT FOR CONSERVATION EASEMENT
RDE # 009
11/15/1999
2:44 PM
8
This Agreement; made and entered into this 4th day of November ,
1999, by and between Diana L: Garrett, Trustee of The Diana Louise Garrett Trust
("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 of Los Altos Hills
commonly known as 27161 Moody Road and more particularly described in Exhibit A
hereto.
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 Town's
General Plan and in the best interest of the Town.
D. Owner and Town desire to limit the use of a portion of the property described
above by dedication. of a conservation 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 inits 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.
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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 as
Exhibits B-1 and BB=2, attached 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.
Owners.,, 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 easements, paths dedicated to the Town,
and an approved septic system, provided these reserved exceptions shall be consistent
with the purposes of law and shall not permit any action which will 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 otherthan 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; and
e. against any plantings other than native vegetation; and
f. against the erection of structures, other than lawful fences.
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.
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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 binding upon an inure to the benefit of the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Owner
. zDate: v/ , 1999
Diana L. Garrett,
Trustee of The Diana Louise Garrett Trust
TO OF LOS AL HILLS
Date: November 4 '1999.
Mayor
ATTEST:
City Clerk
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STATE OF CALIFORNIA )
ss:
COUNTY OF Sart CIG�� )
On c-) , 1999, before me, the undersigned Notary Public, personally
appear d 0,1 Rin r, L CI Ci-,Zel ; p. —(ox -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 Wge executed the same in tl*e+r authorized capacity, and that
byWsignature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature / Omt-4,j-
f
STATE OF CALIFORNIA )
ss:
COUNTY OF )
c AL
TN Jeanne M. Shizuru
m Comm. #1143585 rC^^l.
«o NOTARY PUBLIC CALIFORNIAu/
SANTA CLARA COUNTY
g maw ew' Eem ^ 'Exp: dune 2S, 2001
�--
On 1999, before me, the undersigned Notary Public, personally
appeared 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 they executed the same in their authorized capacity, and that
by his signature on the instrument the person, orthe entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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x:11:
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REAL PROPERTY in the Town of Los Altos Hills, County of Santa Clara, State of California, described
as follows:
All that Lot and Parcel of land situated in the County of Santa Clara, State of California, being a portion
of the Blanco Rancho as described in and conveyed by Deed from Antonio Bau Blanco and wife, to
Redwood City Realty Company, dated March 29, 1911 and recorded in Volume 370 of deeds, page 50,
in the Office of the Recorder of said County of Santa Clara, to which said Deed and said record thereof,
reference is hereby made and the same made a part hereof and particularly bounded as follows;
Beginning at a point in the center line of Moody Road, which point if situate the following courses and
distances form a stake marked "J.B. 1 1/2" set at the most Southeasterly comer of said Blanco Rancho
to wit; South 820 50' West along the Southerly line of said Rancho 2281.5 feet; North. 11 ° 15' East 269
feet, and North 430 05' East 319 feet; thence along the center line of said Moody Road, North 560 21'
West 150 feet, and North 440 53' West 27 feet; thence leaving said center line of Moody Road and running
North:440 30' East 291 feet, South .51 ° 45' East 219 feet, South 370 40' East 141 feet, South 59' 40'. East
115 feet, and South 50 25' West 31.1 feet to the center line of Moody Road, thence running along the said
center line of said Moody. Road, North 29' 24' West 92 feet, North 40° West 100 feet; and North 560 21'
West 100 feet to the point of beginning. _
APN: 182-30-023
Legal Description — Conservation Easement
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All that certain real property situate in the TOWN OF LOS ALTOS HILLS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, described as follows:
Beginning, for reference, -at the most Northerly comer of the Lands of Walter E. Ayers, et
ux, as shown on that certain Record of Survey recorded April 3, 1968 in Book 235 of
Maps'at page 39, Santa Clara County Records:
thence North 59° 40' 00" West, 115.00 feet; thence North 37° 40' 00" West, 141:00 feet;
thence North 51 ° 45' 00" West, 35.07 feet to the True point of Beginning of this
description;
thence South 52° 36' 19" West, 141.18 feet; thence North 58° 15' 24" West, 45.89 feet;
thence South 69° 12' 40" West, 75.09 feet; thence North 51 ° 45' 00" West, 104.16 feet;
thence North 49° 04' 25" East, 210.11 feet thence South 51' 45' 00" East, 183.93 feet to
the True Point of Beginning.
V
Exhibit -"Bl "
N49'04'25"E
10.00' -
N47'20'53 "E
_ 20.00'
L=2.72'
R=475.00'
a 00'19'42"
0 50 100 200
SCALE: 1" - 100'
TRUE POINT OF BEGINNING
i N5145'00w
19.00':•: .......::..
.... 93'.•:�::•:•:•::.•:.• • '
..
............................... 35.0/
.:................................
(0CONSERVATION ::=:: ,�
�;., EASEMENT ��°'�,
ca
;v 0.76 ACRES:•:•::"���
.O... _� ,•
5........ �N5815 24 W
N51.45'00" 45.89'
..1 44.16� p0'
'40.61' ��O N57 59'53"W
106.64'
"Mom- El 1.
L=118.89'
R=445.00'
a=15'1826"
LARD
No. 4548 111
.N
!_ LEA & SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
26102 EDEN LANDING ROAD, SUITE 1
HAYWARD, CALIFORNIA 94545
(510) 887-4086
FAX (510) 887-3019
POINT OF BEGINNING
4�
00"
N5940'00"W
r/;t:)
10' RIGH T OF -WAY ryICATION N
�N
N25.58'31 "W
30.931
33.351'
L=212.38'
R=380.00'
A= 32'01 '22"
EXHIBIT
p
V :N
�o p
2
N50'25'00"E
10.29'
N64.01'29"E
20.00'
t44.46'
I N25'58'31 'W-
77.81' (TOTAL)
CONSERVATION EASEMENT
Drawing: N: \projects \99008 \dwg \99008-BDRY-PLA T.dwg