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Home My WebLink About74-99 • • RESOLUTION NO. 74-99 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 ALBERT GOLUKHOV 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 Albert Golukhov. 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 Albert Golukhov. PASSED AND ADOPTED this 2nd day of December , 1999. By: Mayor ATTEST: City Clerk 9\lah\res\exec-agm.res DOCUMENT: 15108076eitles: 1 / Pages: 7 Fees. . . .* No Fees 1111 I 11 1111 This Document is Recorded Taxes. . .Copies. . For the Benefit of the ■00151080761 AMT PAI D 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 g,S2 day of " 4— Z-VZ 1999, by and between Albert Golukhov ("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 11195 Hooper Lane 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 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 N:\DATA\Clients\L\LAH\Projects\Golukhov\conserv.eas • • 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 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. 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. 2 N:\DATA\Clients\L\LAH\Projects\Golukhov\conserv.eas • • 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 Date: 70/0-‘7 , 1999 Alberti olukho � 0 )iN OF LOS OS HILLS Date: December 2 , 1999 MayoUG% _.._ ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Golukhov\conserv.eas • • STATE OF CALIFORNIA ) ) ss: COUNTY OF 6a-A--fel- On a- "QOn 6006A. a$ , 1999, before me, the undersigned Notary Public, personally appeared ai-(o - 6oluldo3V 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. --)--7;n6.7;71�. �' %fi Comm.#1166254 (n Lf NOTARY PUBLIC-CALIFORNIA :,.,,:• i Santa Clara County : My Comm. Expires Dec.21,2001 t Signature : �.._:':. .. - - - -- V 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\Golukhov\conserv.eas • • CONSERVATION EASEMENT DESCRIPTION 11195 HOOPER LANE, LOS ALTOS HILLS, CA. A Conservation Easement over a portion of that certain 1.86 acre parcel, as said parcel is shown on that Record of Survey filed in the Office of the Recorder of the County of Santa Clara, State of California, in September 1956 in Book 74 of Maps, page 48 being more particularly described as follows: Beginning at the intersection of the east line of Hooper Lane and the northerly line of said 1.86 acre parcel, as shown on said map; thence southerly along the east line of Hooper Lane the following courses: South 12°54' West 29.02 feet; thence South 25°02' West 47.90 feet to the True Point of Beginning of the description; thence continuing along said east line of Hooper Lane along a tangent curve to the left having a radius of 45.00 feet through a central angle of 19°11'17" an arc length of 15.07 feet; thence leaving said east line of Hooper Lane South 50°23'42" East 120.87 feet; thence North 66°57'14" East 90.84 feet; thence along a tangent curve to the right, having a radius of 38.00 feet, through a central angle of 77°30'38", an arc length of 51.41 feet; thence along a compound curve to the right, having a radius of 110.00 feet, through a central angle of 45°13'35", an arc length of 86.83 feet; thence along a compound curve to the right, having a radius of 748.39 feet, through a central angle of 8°52'51", an arc length of 116.00 feet to a point on the southwest line of said 1.86 acre parcel, said point being North 47°15' West 53.52 feet from the south most corner of said 1.86 acre parcel; thence along said southwest line South 47°15'East 42.53 feet; thence leaving said southwest line of said 1.86 acre parcel along a non-tangent curve to the left having a radius of 787.39 feet from a tangent which bears North 19°50'22" East through a central angle of 15°17'28", an arc length of 210.14 feet to the northeast line of said 1.86 acre parcel; thence along said northeast line North 37°23' West 137.10 feet; thence leaving said northeast line North 84°59'12" West 139.29 feet; thence South 61°57'29" West 70.97 feet to the True Point of Beginning. QppFESS/p 441 AC's E. Cq-19 ley mQ No.C23770 O m %44, •' Exhibit B-1 i , , _ . . f S „ f 1 :XM jPOB N �163.3 1 587�47"W_ aY 2 M 31,07' 132.24' • � `vN O1 / 2 N \ .0 n Na• o N84$ '12-W _ Ary , "�� 5139.29'� ^ g Na brg c. G —f--1TPOB CONSERVATION rn 6 911'1 • / / / i / '[- R-45.00 EASEMENT Ch in / ��00_ �I TC o 0. r 4:5. / 'P4-- cp a i1.4`R� R882 rC?, e'` .o .ra. s P y N6r0$`/ g yOeO \ \ \ N, \ F \. �Ar ' s ' / yr'. 9 w 0, 6' \ IC) .17,, 'PO.4- APN 336-40-021 \ RECORD OF SURVEY o �'s. , \ 74—MAPS-48 r,Q3 i? 65. 0,0F SSfo "ems - + = N 4. al`�4pit,, 60" �( i \ LLB0 AO co M ' S�9 �"? �a °14'30• �, .444\v§fhs - ..f.r.'.... ....od \sd o [ Fx S l PLAT TO ACCOMPANY V>.6‘t•- 4 DESCRIPTION CONSERVATION EASEMENT , 4� HOOPER LANE e• /1/ So LOS ALTOS HILLS N19'50'22'E TAN /° .9S N95.45'30'E 7261' i Design By: BEC/TR 4., RUEe160 av� mix BAN o�CA�.mita Scale: 1"=5Q' TILL:4ee-266-4170 PAIS 408-205-4772 Drawn B TR E-MAIL: &DI.cOY ME[ERIN Ci Date: AUGUST 4. 1999 Check By. ,7.c;i1ICI r.S affrigareNVNE Job No. 1267 Exhibit -B-2