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Home My WebLink About65-99 • • RESOLUTION NO. 65-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS. APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND DAVID PATMORE AND JULIA ZARCONE 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 David Patmore and Julia Zarcone, husband and wife as community property, as to an undivided 99% interest, and James Warren Patmore Trustee and Leda Carla Patmore Trustees of the Patmore Revocable Trust dated July 8, 1999, as to an undivided 1°A) interest, as tenants in common ("Owners"). 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 Owners. PASSED AND ADOPTED this 4thday of November , 1999. By: , Mayo. ATTEST: Town Clerk N:\DATA\Clients\L\tAH\Projects\PatmoreZa rcone\conservEas.res S • • RECEIVED This Document is Recorded OCT 2 �� For the Benefit of the Town of Los Altos Hills And isExempt from Fee DOCUMENT: 15098286 Titles: 1 / Pages: 8 Per Government Code Fees. . . .* No Fees Sections 6103 and 27383 Taxes. . . � Copies. . *001509 286 When Recorded, Mail to: AMT PAI D Town of Los Altos Hills BRENDA DAV I S RDE # 009 26379 Fremont Road SANTA CLARA COUNTY RECORDER 12/21/1999 Los Altos Hills, CA 94022 Recorded at the request of 11 :24 AM Attention: City Clerk City AGREEMENT FOR CONSERVATION EASEMENT This Agreement, mad and entered into this day of t) L 2 V 1999, by and between Davidatmore and Julia Zarcone, husband and wife as community property, as to an undivided 99% interest, and James Warren Patmore Trustee and Leda Carla Patmore Trustees of the Patmore Revocable Trust dated July 8, 1999, as to an undivided 1% interest, as tenants in common (collectively"Owners"), and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owners are the owners of certain real property in the Town of Los Altos Hills commonly known as 27690 Central Drive, and more particularly described in Exhibit A, attached 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. Both Owners 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 in its natural state has substantial scenic value to the public and that the preservation of such land as open space 1 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\conserv.eas • • constitutes an important physical, social, aesthetic and economic asset to the Town and the Owners. 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. Owners, as grantors, hereby grant 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 Exhibit B-1 and B-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. StatutoryAuthorization.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 declare 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 Owners to construct any improvements on or within the Property except for public and private utilities easements and paths dedicated to the Town, 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, provided the existing fencing on the date of this Agreement may remain; 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 riparian species. 2 N:\DATA\Clients\ULAH\Projects\PatmoreZarcone\conserv.eas • • 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 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 agr ent. O �\ers r\ Iw jaiDate:0d- S , 1999 % David "atrnlore� J arcone / / N OF A TOS HILLS Date: November 4 , 1999 / .. May.OF ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\conserv.eas • STATE OF CALIFORNIA ) ) ss: COUNTY OF SHWA afit4) On i)C7q 2 €' , 1999, before me, the undersigned Notary Public, personally appeared .juwi- 7 eco,dF , 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, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand . d official seal. • 18 ;ti Signature /// fji 'a r 4,-4.9i Imoi;) i' i. / Jwia ;)Ir „0 ,ani,,,, PATRICIA L.PAULL '` ;+t, Comm.No.1096218 > f1 V{`," "` NOTARYPUBLIC-CALIFORNIA i 11„,.c.%. �` 4 SANTA CLARA COUNTY 0 Locc:::1: ,,' My June 26, 2000 Commission Expir®s STATE OF CALIFORNIA ) ss: COUNTY OF MAS74 OLS On CA`6e!Q,8 , 1999, before me, the undersigned Notary Public, personally appeared NO o eJ. , 4Trito% , 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 her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand d official seal. PATRiCIA I_. PAULL P.t •� • . PATRICIA L.PAULL ♦'G omm. .1086218 U>�i' a� NOTARY PUBLINoC-CALIFORNIA oy, W' '` 0" 4 SANTA CLARA COUNTY �? my P Commission Expires June 26,2000 4 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\conserv.eas • • • EXHIBIT "A" All that certain realr p operty situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel 1 as shown upon that certain Map entitled "Tract No. 4184", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 21, 1971, in Book 283 of Maps, page(s) 49. PARCEL TWO: An casement for road purposes 40 feet wide more particularly described as follows: Commencing at a stake marked "M24.3", said stake standing at the Northeast corner of the Blanco Rancho; thence along the Easterly line of said Rancho, South 10° 20'East 972.18 feet to an iron pipe marked "B-21"; thence South 11° 03'East 627.00 feet to an iron pipe marked "B-20"; thence South 12° 08' East 59.61 feet to a stake marked "B-19 1/2"; thence leaving the line of said Rancho and running South 83° 34' West 98.00 feet; thence North 87° 46' West 110.85 feet; thence North 65° 45' 30" West 217.58 feet; thence_North 79°26'East 291.20 feet; thence South 14° 22' 12" West 240.49 feet to the center line of a road easement known as "Central Drive"; thence South 14° 25'East 221.51 feet to the true point of beginning of the 40 foot easement the center line of which is hereinafter described; thence North 65° 11' 30" West 43.36 feet; thence North 34° 56' 43" West 160.46 feet; thence North 31° 08' 54 West 113.83 feet; thence North 58° 10' 12" West 105.21 feet; thence North 56° 14' 13" West 98.43 feet to the center line of said road easement known as "Central Drive", said point also being the terminus of said 40 foot road easement. Said casement isanted as appurtenant ppurtenant to and for the benefit of that certain 19.7 acre parcel of land described in the Deed from Redwood City Realty Company, a corporation, to Oliver P. Wheeler and Ethel R. Wheeler, his wife, as joint tenants, dated March 13, 1946, recorded March 18, 1946 in Book 1333 Page 443 Official Records, asanted byLloyd 1� y G Broadus to Oliver P. Wheeler, et dated February 6, 1947, recorded February 27, 1947 in Book 1435 Page 113 Official Records. Deed PARCEL THREE: An easement for ingress and egress over that portion of Parcel 2 of Tract No. 4184 which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 21, 1971 in Book 283 of Maps, page 49, shown as '40 foot R/w' thereon. ARB No: -0- APN No: 182-29-044 1 ••• ,9 �ANO SG February 10, 1999 • V J 4)11y-1,1-- LEGAL DESCRIPTION t * Exp. !o'3"' * CONSERVATION EASEMENT ��, No. L5792 Q. LANDS OF PATMORE AND ZARCONE v. oF cr♦te�� ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 1 AS SHOWN ON THAT CERTAIN MAP OF TRACT 4184 WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 21, 1971 IN BOOK 283 OF MAPS AT PAGE 49, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, NORTH 41° 17' 30" WEST 117.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE AT RIGHT ANGLES NORTH 48° 42' 30" EAST 40.00 FEET; THENCE SOUTH 77°18' 11" EAST 34.00 FEET; THENCE SOUTH 63° 41' 06" EAST 54.00 FEET; THENCE SOUTH 13° 01' 36" WEST 27.00 FEET; THENCE SOUTH 31° 58' 24" EAST 33.00 FEET TO A POINT-IN-THE-SOUTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 58° 01' 36" WEST 54.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRES OF LAND MORE OR LESS. ALSO WITH A PORTION OF SAID PARCEL 1 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1, NORTH 58° 01 36" EAST 149.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE AT RIGHT ANGLES NORTH 31 ° 58' 24" WEST 71.00 FEET; THENCE NORTH 1° 24' 33" EAST 54.58 FEET; THENCE NORTH 25° 06' 34" WEST 173.00 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 37° 37 ` 52" EAST 162.00 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1, SOUTH 55° 25' 38" EAST 201.80 FEET; SOUTH 39° 07' 38" EAST 18.59 FEET AND SOUTH 33° 06' 38" EAST 141.25 FEET TO THE EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 58° 01' 36" WEST 287.99 FEET TO THE POINT OF BEGINNING, CONTAINING 1.74 ACRES OF LAND MORE OR LESS. END OF DESCRIPTION . S39777'38"E • 18.59' 5337 6'35.E • 201.80 141.25' !1 555'25 1 • • ) •.ti • 3I Ii . 1 In ...0 3ilie 1 Pt :k2) N I'l • t 4 ..„ cm ....,,, iz, r, (.) , ‹-t, —s 4.t', "(tIrL R z raj ��.. ( 6I ) N3158. ( 24 N, 71. iJ 00 1 S13"01'361W 27.00' S63 41'0rE 54.00' oi $ S7718'111--�7. X00' 34.00' 4..."--7- 1 '7N4842'30'E • /If o40.00' hN?,4,57. '43„,$9 7 111700 // !•� 6 N4177'30 W 149.05' ii!1-6 ° 3I eoPOINT OF BEGINNING 1 inch = 60 ft. 1 OF 1 r SCALE: 1”=60' PLAT TO ACCOMPANY ♦ Giuliani & Su11,Inc. DATE: 2-23-99 LEGAL DESCRIPTION Engineers • Planners • Surveyors DRAWN: E.T. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. CONSERVATION EASEMENT (408) 615-4000 Fax (408) 615-4004 FILE: 97167PLAT.DWG LANDS OF PATMORE Auburn • San Jose • Oakdale E:\1997\97167\ LOS ALTOS HILLS. CALIFORNIA JOB # 97167