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Home My WebLink About70-99 • • RESOLUTION NO. 70-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND BERT E. LOUGHMILLER AND KAYE S. LOUGHMILLER, TRUSTEES OF THE LOUGHMILLER LIVING TRUST DATED DECEMBER 20, 1994 • WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement for Conservation Easement ("Agreement") between the Town and BERT E. LOUGHMILLER and KAYE S. LOUGHMILLER, Trustees of The Loughmiller Living Trust dated December 20, 1994 . NOW, THEREFORE, the City Council of the Town does RESOLVE as follows : 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above . 2 . The Town 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 Town of Los Altos Hills and BERT E. LOUGHMILLER and KAYE S . LOUGHMILLER, Trustees of The Loughmiller Living Trust dated December 20, 1994 . PASSED AND ADOPTED this 2nd day of December , 1999 May ATTEST: City Clerk 3\lah\res\lou-ea.res f 1 . L • DOCUMENT: 15108075 •les: 1 / Pages: 8 Fees. . . .* No Fees Taxes. . . This Document is Recorded II I I II III Copies. . For the Benefit of the ■0015108075■ AMT PAID Town of Los Altos Hills And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 007 Sections 6103 and 27383 . SANTA CLARA COUNTY RECORDER 12/30/1999 Recorded at the request of 3:35 PM When Recorded, Mail to: City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENTS This agreement, made and entered into this 6297/4day of KT ' , 1998, by and between BERT E. LOUGHMILLER and KAYE S . LOUGHMILLER, Trustees of The Loughmiller Living Trust dated December 20, 1994, (collectively, "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 25309 La Loma Drive and more particularly described on 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 these conservation easements 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 conservation easements 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. 1 3\lah\re\lou-ce.agm • • • 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 Easements. Owner, as grantor, hereby grants conservation easements 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 B hereto (the "Property") to have and to hold said conservation easements 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 easements 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 easements granted herein, the Property shall not be used for any purpose other than conservation easements 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 and paths dedicated to the Town and the existing driveway and parking bay permitted by 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 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. �I . 2 3\1ah\re\lou-ce.agm • 411 . •• 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. These conservation easements 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 easements shall run with the Property 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 have executed this agreement. OWN Date: / , 1998 ' 000 BERT E. LOU ILLER, Trustee of The Loughm• ler Living Trust dated December 20, 1994 IF Date: l rl I , 1998 KAYE . LOUGHMIL /R, Trustee of The Loughmiller Living Trust dated December 20, 1994 TOWN 44JONS ALTOS S Date: December 2 1999 BY .. dr Its : Mayor (:= ATTEST: City Clerk 3 3\1ah\re\lou-ce.agm • • STATE OF CALIFORNIA ) ss: COUNTY OF ka 1Ifa Clara ) On ,?1r1‘ ` 29 , 1998, before me, the undersigned Notary Public, personally appeared BERT E. LOUGHMILLER, 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. SUZANNE DAMS Commission#1081074 Z Notary Public—Califoria 5 Signature Z ` � r� My Comm.Brakes Clara l lras County STATE OF CALIFORNIA ) ss : COUNTY OF Sanfa. Cf ra) On AA ay I ,. 1998, before me, the undersigned Notary Public, personally appeared KAYE S. LOUGHMILLER, 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 she executed the same in her 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 and official seal. AMS .;,,m..71.plrb Commission#1081 SUZANNE D074 Signature i n15.3 Notary Public—California Santa Clara County My Comm.Expires Dec 17,1999 4 3\lah\re\lou-ce.agm • • • Mar. 23,1998 EXHIBIT "13" LEGAL DESCRIPTIONS FOR CONSERVATION EASEMENTS OVER LANDS OF LOUGHMILLER EASEMENT#1 All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California described as follows; BEGINNING at the most Northerly corner of Lands Loughmiller, described in Certificate rt Cate of Compliance (Lot Merger) recorded in Document# Records of Santa Clara County, thence from said Point of Beginning, Southerly along the Easterly property line of said lands South 6° 02' 54' East 230.32 feet; thence South 28° 45' 22" West 118.01 feet; thence North 61° 14' 38" West 12.00 feet; thence leaving said property line North.28° 45' 22" East 90.00 feet; thence North 61° 14' 38" West 139.66 feet; thence North 6° 02' 54" West 114.26 to a point on the Northerly ro ert p p y line of aforementioned Lands of Loughmiller; thence Easterly along said Northerly line, North 63° 28' 06" East 150.00 feet to the Point of Beginning. containing 27,414 sf± (0.63 ac ±) fr .M JIND 8 --. ei, <(,°z No.5481 * , / %'o * 6)4 re sheet 1 of 2 • • • � N x H i Bi 1 l3 EASEMENT#2 All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California described as follows; BEGINNING at the most Northerly corner of Lands Loughmiller described in Certificate of Compliance (Lot Merger) recorded in Document # Records of Santa Clara County, thence from said Point of Beginning, Southerly and Westerly along the property line of said lands, South 6° 02' 54" East 230.32 feet; thence South 28° 45' 22" West 118.01 feet; thence North 61° 14' 38" West 165.77 feet; thence North 89° 45' 22" West 91 .58 feet; thence South 54° 53' 27' West 10.00 feet to the True Point of Beginning; Thence from said True Point of Beginning, continuing along said property line, South 54° 53' 27" East 117.38 feet; thence North 10° 55' 24" East 100.00 feet; thence North 89°45'22" West 100.00 feet; thence North 63° 28' 06" East 172.56 feet; thence leaving said property line South 0° 14' 38" West 75.46 feet; thence South 35° 06' 33" East 40.00 feet to the True Point of Beginning. containing 10,909 sf± (0.25 ac±) *"-tp►ND SGS 14,‘‘ 0 Plo. 1 I sheet 2 of 2 klar-fherly C e�-1 LEGEND /j POB Point of Beginning , / / TPOB True Point of Beginning •o°/ // Area of Easement #1 27,414 sf± (0.63 Act / / /// N Area of Easement#2 10,909 sf± (0.25 AcY "/ ///// / m z\- / e 0 L-1 S28° 45' 22" W 118.01' 00 • / / // /A N L-2 N 89° 45' 22" W 91.58' so )°\ / ///// . U1 L-3 N10° 55' 24" E 100.00' . oe 6 / ` /--/ _ / � / A L-4 N 89° 45' 22" W 100.00' 2� '/ / PROF�OSEIS m - L-5 S 00° 14' 38" W 75.46' �6 / / EASEMENT #f� •. N L-6 S 35° 06' 33" E 40.00' / ////// /28° 45' 22" E 90.00' / 1 / / I '5\\ / / b //// N 6 / / to PROPOSED \ / // / / //1 .1j) ti-it . / / / / / EASEMENT #2 iQ. / / /___. - -..7,/ L4 //// /\ epS / /� / // fo,sernenT ,, L2 / /#z �c-B / e -1 / / / / /y2� • 11/s.7 , ism 1� LAND S / II ,�,.v' ,, �,� • �O Ci,9 W 5OP•Agov G- C� h > �� A1o.54l11 � S * E1f. h%O * PREPARED BY HORIZON SURVEY 12 �� LAND SURVEYING AND DEVELOPMENT EXHIBIT F ✓uF �� 703 Woodside Road #7, Redwood City, Ca / / 369-6393 369-0590 fax EASEMENT PLAT Scale 1" = 50' March 1998 98-28 LANDS OF LOUGHMILLER