HomeMy WebLinkAbout72-99 • •
RESOLUTION NO. 72-99
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
CHASE & ARNOLD INC., A CALIFORNIA CORPORATION
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
Chase & Arnold Inc., a California Corporation.
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 Chase &Arnold Inc., a California Corporation.
PASSED AND ADOPTED this 2nd day of December , 1999.
By: �' /
Mayor
ATTEST:
City Clerk
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•• DOCUMENT: 15108073 TOties: 1 / Pages: 7
11 ill 0 11 oil H
Fees. . . .* No Fees
MI Taxes. . .
This Document is Recorded wool 108073
Copies. .
For the Benefit of the AMT PAID
Town of Los Altos Hills
And is Exempt from Fee BRENDA DAV I S RDE # 007
Per Government Code SANTA CLARA COUNTY RECORDER 12/30/1999
Sections 6103 and 27383 Recorded at the request of 3:35 PM
City
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement, made and entered into this �-(,qday of IU I / iCig
1999, by and between Chase & Arnold Inc., a California Corporation ("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 12180 Kate Drive, Los Altos Hills, California and more particularly
described as follows:
All of Lot 9 as said lot is shown upon that certain map entitled, "Tract No. 8872 —
Quarry Hills", which map filed for record in the Office of the Recorder of the County of
Santa Clara, State of California, on June 10, 1998 in Book 703 of Maps at pages 20
through 32, inclusive.
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 in its natural state has substantial
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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 as
Exhibits A-1 and A-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 directbenefit 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 open fences to
allow for the movement of wildlife.
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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 agreement.
CHASE & ARNOLD INC., A CALIFORNIA
CORPORATION
Date: %7/5.-- , 1999 By:_ . ,
Its:
OWN OF LOS OS HILLS
Date: December 2 ``
1999
Mayor U
ATTEST:c
City Clerk
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H : . •
STATE OF CALIFORNIA )
) ss:
COUNTY OF �,`'t� a> C
— k_____,
On II--6—cl I , 1 99, before me, the undersigned Notary Public, personally
appearecb
9g•(--- , 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 '
1 ,� D. LEVY
tu gs` ,L?� NOTARY m.#1218401 h
PUBLIC-CALIFORNIA
41.1," SMy C mantaEClara Mayty y 20037,
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
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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• •
AUGUST 31, 1999 EX4-kA-1 JOB NO 99127
LEGAL DESCRIPTION
CONSERVATION EASEMENT
LANDS OF CHASE AND ARNOLD
12180 KATE DRIVE
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS
HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PORTION OF LOT 9 AS SHOWN ON THAT CERTAIN MAP OF TRACT 8872 WHICH
MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 703 OF MAPS AT PAGES 20
THROUGH 32; SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 9, THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL, SOUTH 10°49' 02" WEST 73.12 FEET
TO A POINT IN THE SOUTHERLY LINE OF THAT CERTAIN"PSDE PLUS CVE PER
SEPARATE DOCUMENT" AS SHOWN ON THE ABOVE DESCRIBED MAP, SAID POINT
BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY LINE OF SAID "PSDE PLUS CVE" THE
FOLLOWING COURSES:
SOUTH 76° 00' 00" EAST 47.14 FEET;
SOUTH 70° 00' 00" EAST 90.00 FEET;
SOUTH 67° 00' 00" EAST 72.26 FEET TO A POINT IN THE EASTERLY LINE OF SAID
LOT 9;
THENCE ALONG SAID EASTERLY LINE SOUTH 30° 20' 12" WEST 10.08 FEET;
THENCE PARALLEL WITH AND 10 FEET SOUTHERLY OF THE ABOVE DESCRIBED
SOUTHERLY LINE THE FOLLOWING COURSES_:
NORTH 67° 00' 00" WEST 70.71 FEET;
NORTH 70° 00' 00" WEST 89.21 FEET;
NORTH 76° 00' 00" WEST 46.06 FEET TO A POINT IN THE WESTERLY LINE OF LOT 9;
THENCE ALONG SAID WESTERLY LINE NORTH 10°49' 02" EAST 10.02 FEET TO THE
POINT OF BEGINNING.
END OF DESCRIPTION.
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LEGAL DESCRIPTION
,► DATE: 09/01/97 07:18
Engineers • Planners • Surveyors DRAWN: E.T.
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: . S.R. CONSERVATION
(408) 615-4000 Fax (408) 615-4004 FILE: PLAT.DWG EASEMENT
Auburn • San Jose • Oakdale C:\1999\99127\ LOS ALTOS HILLS, CALIFORNIA
JOB # 99127