HomeMy WebLinkAbout79-06 IP
RESOLUTION NO. 7 -0 6.
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Evershine)
WHEREAS, Evershine III L.P. ("Owner") is the owner of the property commonly known
as 13310 La Paloma Road, Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants
of conservation easements on privately owned lands lying within the Town;
WHEREAS, the Owners have offered to enter into an agreement for conservation easement
attached to this Resolution as Attachment A ("Conservation Easement Agreement") to limit the use
of a portion of the property in order to reduce potential adverse impacts on such land including
grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Conservation Agreement to be consistent with the Town's
General Plan and in the best interests of the Town;.
WHEREAS, the Owners and the Town recognize that the land subject to the Conservation
Easement Agreement 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 Owners;
WHEREAS, the Conservation Easement Agreement contains the appropriate restrictions
and covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Conservation Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Conservation Easement Agreement.
PASSED AND ADOPTED this 2' f ay of vl�L_a�5 , 20 6.
411
BY: "44441
iao
ATTES :
City Clerk
Attachment A
Conservation Easement Agreement
.\1 Attachment A to Resolution 79-06
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° DOCUMENT: 19361174 Pages: 8
III 11111 I II I II II
Fees. . . . * No Fees
Taxes. . .
This Document is Recorded Copies. .
For the Benefit of the AMT PAI D
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code REGINA ALCOMENDRAS RDE # 001
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 3/28/2007
Recorded at the request of 11 :37 AM
When Recorded,Mail to: Ci ty
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Aweement fAr Conserv.tion Easement ("Agreement") is made and entered
into this Zday of , 2006, by and between Evershine III, LP, a
California limited partners "Owners") and the Town of Los Altos Hills, a municipal
corporation("Town").
RECITALS
A. Owners own that certain real property in the Town of Los Altos Hills
commonly known as 13310 La Paloma Road, Los Altos Hills, California.
B. Town has adopted a General Plan and, pursuant thereto, may accept grants
of conservation 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 interests of the Town.
D. Owners and Town desire to limit the use of a portion of the property more
particularly described in Exhibit A attached hereto, 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 to Owners.
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. Owners, as grantors, hereby grant a
conservation easement to the Town of Los Altos Hills, a municipal corporation in the
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County of Santa Clara, State of California, over the real property described and shown as
Exhibit A (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 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 chapters 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 declare 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 Owners to construct any improvements on or
within the Property except for public and private utilities and paths dedicated.to the
Town, or an approved septic system, or approved solar panels, provided these reserved
exceptions shall be consistent with the purposes of maintaining and 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 characteristics of the land; and
c. against the grading of land for reasons 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, removal of eucalyptus and other
potentially hazardous trees, and similar measures; and
e. against any plantings other than native vegetation and other than
riparian plantings along the creek; and
f. against the erection of structures other than lawful fences or any
improvements authorized by Paragraph 3(a) herein.
4. Exceptions. 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.
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5. 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 condition of the Property.
6. 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.
7. Successors in Interest. This Agreement and the conservation easement
shall run with the land 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 do hereby execute this agreement.
OWNER:
EVER c ITE.TII, L.P.
Date:
-44____, 2006 - . ..
sold '.; bi 614A0
OWN OF L• ALTOS HILLS:
24. 2006
Date:4 ` ��:—..�,__ �_
ayor
ATTEST.
City C1e
_______(+__
#656191v1
STATE OF CALIFORNIA )
) ss:
COUNTY OFa
N a Cara
� t )
Susan K.Song
On c 2—to , 2006, before meke undersigned Notary Public, personally appeared
Shik.k Le C'ou'\, personally known to me orproved to me on the basis of satisfactory
P Y
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 the
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. ,. ,� SUSAN K.SONG:::11., Commission# 1680498
�■
Notary Public-CaliforniaSanta Clara County
. _ ' My Comm. es Ju111,201
Signature • Expir
_ _ _ _�
•
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On , 2006, 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 the
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
•
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Exhibit A
Legal Description of Conservation Easement Property
and Plat Accompanying Description
#656191v1
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E XHIBIT A
DESCRIPTION OF A CONSERVATION EASEMENT TO ACCOMPANY PLAT IN THE TOWN OF
LOS ALTOS HILLS,CALIFORNIA
ea Property in the Town of Los Altos Hills,Countyof Santa Clara,State of California,beinga
All that real p y
portion of the Lands of Evershine III,said Lands consisting of Lots 11 & 12 as shown on that certain Map
entitled Tract No.49,Robleda Heights filed for record in Book 1 of Maps at pages 46&47 and Lot
6/remainder as shown on that certain Map entitled Tract No.6527 filed for record in Book 433 of Maps at
pages 38&39,Santa Clara County,amended by that certain Map filed for record in Book 453 of Maps at
pages 44&45,more particularly described as follows:
BEGINNING AT THE northwesterly most corner of Lot 6/remainder as shown on that certain Map entitled
Tract No.6527 filed for record in Book 433 of Maps at pages 38&39,Santa Clara County,amended by that
certain Map filed for record in Book 453 of Maps at pages 44&45,Santa Clara County,thence along the
northeasterly line of said Lot 6/remainder,S 55°35'53"E,a distance of 116.80',thence leaving said
northeasterly line of said Lot 6/remainder and through said Lot 6/remainder the following 3 courses&
distances:
1.S 07°41'07" W,a distance of 232.81';thence
2.S 36°55'35"E,a distance of 213.37;thence
3.S 01°10'48"W,a distance of 50.00';thence continuing through said Lot 6/remainder and Lot 12 as shown
on that certain Map entitled Tract No.49,Robleda Heights filed for record in Book 1 of Maps at pages 46&
47,Santa Clara County Records,N 88°49'12"W,a distance of 126.50'; thence continuing through said Lot 12,
S 00°20'01"W,a distance of 124.28'; thence N 88°03'36"W,a distance of 155.37 to the westerly line of said
Lot 12 and the easterly line of La Paloma Avenue,formerly Paloma Avenue;thence along said westerly line of
Lot 12 and easterly line of La Paloma Avenue,N 07°33'48"E,a distance of 594.38'to an angle point,thence
N 14°55'00." E,a distance of 46.02'T.0 THE POINT OF BEGINNING.
Containing 2.1050 acres or 91695 square feet of land more or less.
See Exhibit"B" attached hereto and made a part hereof
Description prepared on June 22,2006 and based on record data only.
END OF DESCRIPTION
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SURVEYORS/ENGINEERS FOR A CONSERVATION EASEMENT
73 CEDAR UNE IN THE TOWN OF•LOS ALTOS HILLS
SAN.JOSE Ci 95127 STATE OF CALIFORNIA
(408) 729-3734 DATE: 06-22-06 SCALE: 1" = 100'
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RESOLUTION NO. 7 --0.6'
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Evershine)
WHEREAS, Evershine III L.P. ("Owner") is the owner of the property commonly known
as 13310 La Paloma Road, Los Altos Hills, California; and
WHEREAS,the Town has adopted a General Plan and, pursuant thereto, may accept grants
of conservation easements on privately owned lands lying within the Town;
WHEREAS, the Owners have offered to enter into an agreement for conservation easement
attached to this Resolution as Attachment A ("Conservation Easement Agreement") to limit the use
of a portion of the property in order to reduce potential adverse impacts on such land including
grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Conservation Agreement to be consistent with the Town's
General Plan and in the best interests of the Town;
WHEREAS, the Owners and the Town recognize that the land subject to the Conservation
Easement Agreement 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 Owners;
WHEREAS, the Conservation Easement Agreement contains the appropriate restrictions
and covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Conservation Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Conservation Easement Agreement.
tels
PASSED AND ADOPTED this G4 day of irzs - 5t- , 20 6.
41
BY: • " 4447
ao
ATTES :
-entified as a ; e copy
City Clerk
/ ,
BY
City Clerk o the To of Los Altos Hills
t•