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HomeMy WebLinkAbout73-99 RESOLUTION NO. 73-99 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 LANDS OF DYKES 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 Robert R. B. Dykes, an unmarried man. 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 Robert R. B. Dykes. PASSED AND ADOPTED this 2nd day of December , 1999. . By: Mayor ATTEST: -"' City Clerk N:\DATA\Clients\L\LAH\Projects\Dykes\ExecuteConsEas.RES • • • DOCUMENT: 15108078 itles: 1 / Pages: 8 Fees. . . .* No Fees Taxes. . . This Document is Recorded ■0015108078■ AMT i PA. . AMT PAID For the Benefit of the 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 2nd day of December 1999, by and between Robert R. B. Dykes, an unmarried man ("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 12200 Kate Drive. 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 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 N:\DATA\Clients\L\LAH\Projects\Dykes\ConsevrEas.AGM • 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 shown and described in 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 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 open fences to allow for the movement of wildlife. 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. 2 N:\DATA\Clients\L\LAH\Projects\Dykes\ConsevrEas.AGM • • • 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 Date: / ✓ S , 1999 / '? Robert R. B. Dykes TOWN OF LOS TOS HILLS Date: December 2 , 1999 � Mayor ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Dykes\ConsevrEas.AGM • • STATE OF CALIFORNIA ) ) ss: COUNTY OF ipIcLO.1CVV On IJOV .5 1a1 )C41 , 1999, before me, the undersigned Notary Public, personally appeared t�. 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 and official seal. Signature • �yy PAULETTE CASTELLANOS ,ti Commission#1089550 "Fkla�;;8. Notary Public—California 4 , ;► Santa Clara County • My Comm.Expires Mar 10,2000 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, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 4 N:\DATA\Clients\L\LAH\Projects\Dykes\ConsevrEas.AGM • CALIFORNIA • EL-PURPOSE ACKNOWLEDGMENT State of k.1 Y"� t (X-) k ( t County of ��- eA �r�- 0) ,.0 U • S °9 q q eate--\,\aka' `�A,bIL ( On W-)0 before meP Date me an Tit e of O ' r(e.g.,"Jane Doe,Notaly Public") n ( personally appeared , P) ( Name(s) gner(s) ,( ❑personally known to me-OR !roved to me on the basis of satisfactory evidence to be the person'( j = ( whose nam-•.1.'0 ubscribed to the within instrument I ( and acknowledged to me tha(5/ 1tlexecuted the ( same itiShigWir authorized capacitykigq, and that by ( r'�I���l ls_ion#10allos /IV/t signatures on the instrument the person At. a commission #1039550 Z or the entity upon behalf of which the personKacted, 0 ( z M' -A Notary Public—California_ J� ( ‘4,14,11,0, Santa tiara county [ executed the instrument. c. � � YMy Comm.E�UesMar 10,2 i( .r WITNESS my hand and official seal. �� i # ' rilit.4111ww hf, 4 V Signature of Notary Public S OPTIONAL >> Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent • t fraudulent removal and reattachment of this form to another document. 9)( c Desc = ion of Attached Document t ( >> Title or Type of Di. ment: Document Date: - ser of Pages: V ( Signer(s) Other Than Named Above. V V c Capacity(ies) Claimed by Signer(s j >> Signer's Name: Signer's Name: >> ( ( ❑ Individual ❑ In. idual ( ❑.Corporate Officer ❑ Corpo : e Officer -c Title(s): Title(s): >> . ❑ Partner—❑ Limited ❑ eneral ❑ Partner—❑ .4 ited ❑ General ;� ( ❑ Attorney-in-Fact ❑ 'Attorney-in-Fact ;� ( ❑ Trustee ❑ Trustee •) C RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or C servator OF SIGNER ❑ Guardian or Conservator OF SIGNER i ❑ Other: / Top of thumb here ❑ Other: Top of thumb here >> ( i ( >> S Slg. er Is Representing: Signer Is Representing: .) ( ( CV . ( 9) L:�,.✓4�✓4�✓4��,..✓4,✓ ‘&4`✓4.✓,4.✓X4,0 ..-!.✓.✓4-....246.✓.._�,:�.. ._..✓.�✓�,\_../....10-...24.1,.,..........._-0-....1.4.•,...,\—"_...,:1,4\,Z.4\-4u,S ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 I' IP et I. LANDS OF DYKES EXHIBIT "A . I " N RECEIVED OCT 1 5 1999 TOWN OF LOS ALTOS HILLS .6-• /0:3:0 �,�,9�, ���•'. SCALE! 1'= 50' 7'.0 e 0o ,00sc • o . N1 die of� O .obpi of % •• �g6 . Opp. • ?s�b0 , '::',S0 ??6, • f •.1 _OT 9 = 1 . 17 Ac. .<`, \ ''ti .'��' O'�, _ /O CX?�N5 is y �i?�, •'�l� �O ��• - OF COAI.St/?VAT/ON \�S�S� h3 �h O ,�O c1, EASZMfin/T ' O- \*- .�, + /. 0 ÷ N \\\ �1' \01c0 .41,1 I'36 \ .C.,./ \.--&) rifrs • ' 9%' ' 'ry: C 1 . 3: , tiAr . W p�6// . 0 16�i ry ,- . \ ei -:4 C4-4::49 \---, l/ • ' / ) 11'/1 Vi/ .., •..•.. O.: :' ,- cl- i c2 scb' 0 '`.ti 87 Al �9 / / 1 W NM 14030 O O / > cm. �. __ - ' -..//- ,.it 00 .0/ /h Fot .„. t, �. s. O /'S --. 45?1, ..".v) A:%. SZ) \.e? I / N. , d.ao V e N. Opp op, F��� o-• �p�Vic// CONSERVATIO'"EASEMENT EXTENSION 6 e / c_20p. . 6-,,s,--,\ 1��` / 0/ DYKES RESIDENCE \?, , 6, .pp�/ • �'/ LOT 10 - QUARRY LAKE ESTATES _ _ _ \tisp. SS� OF \ / LOS ALTOS HILLS . P-.1 \\°oy�A`SOE` 4.Ay / I 1 CLEMENTS arld ASSOCIATES L J CIVIL ENGINEERING LAND PLANNING 4966 EL CAMINO REAL ••SUITE 110 LOS ALTOS,CALIFORNIA 94022 (415) 962-9260 , 0 0 f, Vxc+14ex� 4,-z October 15, 1999 10' EXTENSION OF CONSERVATION EASEMENT LOT 10 - QUARRY LAKE ESTATES - DYKES RESIDENCE A strip of land 10.00 feet in width being a portion of Lot 10 as shown on the map. of "Quarry Hill Estates", Tract 8872, recorded June 10., 1998 in Book 703 of Maps at Pages 20 to 32, Santa Clara County Records', thenortheasterly line of said strip being contiguous to the area described on said map as "PSDE- & PE plus CVE per separate. Document", said strip to extendfrom the northwesterly boundary to the southeasterly boundary of said Lot 10, with the northeasterly line of said 10. 00 foot strip being further described as follows: BEGINNING at a point on the northwesterly boundary of said Lot 10 South 30°20 ' 12" West 61. 14 feet from the northerly corner of said Lot; THENCE South 67°00 ' East 67.75 feet; THENCE South 48°28 '52" East 115.20 feet; THENCE South 25°25' 04" East 37.70 feet to the southeasterly line of said Lot 10 and the termination of the easement herein described. ,,,, _- ci.,,,,. ,,<,,f.,\ ,..4,. ( 0 11, . . gp, ,_._„,: Jo . -.,,-;, ,.._.\, Pm 1 -J)(\\ i �'9d141.. �``r (•--‘___,-- e