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Home My WebLink About03-98RESOLUTION NO. 3-98 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 RICHARD B. KASH AND JUDY L. KASH 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 Richard B. Kash and Judy L. Kash. 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 Richard B. Kash and Judy L. Kash. PASSED AND ADOPTED this 21st day of January 1997. ATTEST: City Clerk By. Mayor 3\1ah\res\kash-ea.res This Document is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk DOCUMENT: 14045575 IIIIV�IAIIIIIHI�IIIYVV1911111IW BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City AGREEMENT FOR CONSERVATION EASEMENT Titles:1 / Pages Fees....* No Fees Taxes... Copies.. AMT PAID E: RDE # 004 2/09/1998 2:41 PM This agreement, made and entered into thisday of }})c)e� &,C , 1997, by and between RICHARD B. KASH and JUDY L. KASH, husband and wife, (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 25500 Burke Lane 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 this conservation easement 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 a conservation 1 3\1ah\re\kash-ce.agm easement in order to reduc"e 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. 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 on as Exhibit B 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. 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 within easements, paths dedicated to the Town, driveways, ornamental bridges, and storm drain culverts, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the 2 3\1ah\re\kash-ce.agm land and shall be subject to approval by the Town under the Site Development Ordinance; 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; and e. against the planting of vegetation other than native, non-invasive species. 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. S. 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 3 3\1ah\re\kash-ce.a9m 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. Date: NOV, 12 , 1997 Date: -A()-U, I,')- , 1997 Date: January 21 1997 OWNE _ p (� / RIC V D B. KASH UD L. H TOWN OF LOS ALTOS HILLS By: �► Its: Mayor ATTEST: City Clerk 4 3\1ah\re\kash-ce.agm STATE OF CALIFORNIA ) ) ss: COUNTY OF g,( +& (21ara On ��. 12 1997, before me, the undersigned Notary Public, personally appeared RICHARD B. KASH, 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. Signature & STATE OF CALIFORNIA ) ss: COUNTY OF Clara > SUZANNE DAVIS Commisslon # 1081074 Z Z Notary Publlc — Califomia 231. o Santa Clara County . My Comm. Expires Dea17,1999 On �2 1997, before me, the undersigned Notary Public, personally appeared JUDY L. KASH, 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 Signature &; 5 SUZANNE DAVIS Commission # 1081074 Z Z10my Notary Public — Callfomia p Santa Clara County Comm. Expires Dec 17,1999 3\1ah\re\kash-ce.agm H'ILLS September 11, 1996 CpNSEFV7V[11*1 &, STDRDiI THIRTY FOOTADRAINAGE EASEMENT A strip of land with a uniform width of.30 feet lying 15 feet measured at right angles on either side'of the following described centerline: BEGINNING at the northeasterly corner of that certain parcel. of. land conveyed by W:T. Walton and Pearle W. Walton; to W.E. Dermondy nd Annie L. Dermondy,.by deed dated October 7, 192U and a recorded in Book 523 of Deeds at Page 383, Santa Clara County Records; THENCE.. along the.northe'asterly line of said -parcel of land and, the northwesterly extensionthereof, North 77048-' West 203.68 feet to the TRUE POINT OF BEGINNING; THENCE leaving -last said line South 20000' West 12.00 feet; THENCE South.: -69000' West 64.00 feet; - THENCE South 38°00 West 183.00 feet to a point on the southerly line of .tha_t certain parcel 'of land conveyed by, Arthur W. Dusenberry and Anne -E. D3senberry;.-to--Kather-ine- H- Bew3ey; by deed dated May 16; 1952 and recorded. in Book 2426 of -Deeds at Page 38; Santa Clara County Records; said point also lying North 77°48-1 West 261.00 feet from the -southeaster-ly corner of that certain parcel of land conveyed by Arthur Dusenberry and Anne F. Dusenberry to-Egldia A. Bewley; by deed. dated December 17; ig46 and recorded .in Book 1384 of Deeds at Page 578, -Santa Clara County Records. Sidelines of said strip of land are to extend to and be bounded by the_hortherly and southerly boundaries of the land conveyed by F.& H bimited to, Richard B...Kash and Judy L. Kash by deed dated _.May-9� 1995 and recorded in Book N844 of Deeds at Page 1510, Santa Clara County Records - GO cp C 'rte. - NO.' 14030 � EXP _3�-9 7 CIVIL x?' FOF Cr',L�r..= V 1 � i451: . •N IZ'12'E SB4' .. s' N 77'}8'W J39.4+' u7.00 Baoo' 1 '' N 77.48'W 7+.55' ' o x,10' DEDICATION N TO TOWN � 3 _30 DRAINAGE AMD-OMSE9VAT-I0U I d cASEMEN i N 77-t8'W 49.00' Y s �O •yIV 00 ti �! a " _R•30o0' h �- D= 108'4.0' � L�Se.4o p0 11.00 0 C) CL v2o'oo'E i V 77'48'W 38295` O +29 .75 PATHWAY EASEMENT ?I G _ I , — —�— 493-i3 —' -- — OFFER OF 0E0icArlON 203 jog' - 2}g `z0' OFFER OF DEDICATION TO TOWAI ; (j). _ Pae�� N 77'48' w 1-36.50'. � 6. 3 ALL DEEDS - .�. BURK,E LANE \I _ i 1 CO � ✓� .�l'i 1 ^{ owc No. 14030 ' -`30 FOOT DRAINAGE EASEMENT EXP. 'b-3i-97 LANDS OF KASH J'� CIVIL •�� 25500 BURKE LANE f, �`�04cl% IN qll AT