HomeMy WebLinkAbout13-98 ® • • •
RESOLUTION NO. 13-98
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
LUIS M. YANEZ AND GEORGINA C. YANEZ, TRUSTEES
WHEREAS, the City Council of the Town of Los Altos Hills has
read and considered that certain Agreement for
Conservation/Landscape Easement ("Agreement") between the Town and
LUIS M. YANEZ and GEORGINA C. YANEZ, Trustees .
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 LUIS M. YANEZ
and GEORGINA C. YANEZ, Trustees .
PASSED AND ADOPTED this 18th day of March 1998 .
Mayor
ATTEST:
City Clerk
3\lah\res\yane-ea.res '" �
• S . • •
DOCUMENT: 14106941 Titles: 1 / Pages: 11
Fees. . . . No Fees
This Document is Recorded Taxes. . .
For the
Benefit fthe I I
Town of LosAltosHills ■0014106941■ AMT PAID
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383 BRENDA DAVIS RDE # 011
SANTA CLARA COUNTY RECORDER 3/24/1998 .
When Recorded, Mail to: Recorded at the request of 9:47 AM
City b
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION/LANDSCAPE EASEMENT
This agreement, made and entered into this 18th day of
March , 1998, by .and between-Luis M. Yanez and Georgina C.
Yanez, or their successors, as Trustees sunder Trust Agreement of
Luis M. Yanez and Georgina C. Yanez dated November 7, 1989,
(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 26242 Fremont Road and more particularly
described on Exhibit A hereto.
B. Town has adopted a General Plan and, pursuantthereto,
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
easement in order to reduce potential adverse impacts on such land
1 3\lah\re\yane-ce.agm
• • • •
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/Landscape 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 easements and paths dedicated to the Town,
provided these reserved exceptions shall be consistent with the
purposes of law and shall not permit any actionwhich will be
incompatible with maintaining the preserving the natural or scenic
character of the land; and
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•
• •
b. against the extraction of natural resources or other
activities which may destroy the unique physical andscenic
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 any species other than non-
invasive, native riparian 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.
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
3 3\lah\re\yane-ce.agm
•
• • • •
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 .
BAIL
Date : 4-4;a. ICA 1998 ',.-�-• . _
�, 1t nder
rust Agreement V Lu . Yanez
and Georgina C. anez dated
November 7, 1989
---
Date: ¢4 / 1 1998 .
Georgina C. Yaz, as " rustee
under Trust Ag eement of
Luis M. Yanez and Georgina C.
Yanez dated November 7, 1989
TOWN OF LOS ALTOS HILLS
Date: March 18 1998 By: C27!
Y
Its :
ATTEST:
City Clerk
4 3\lah\re\yane-ce.agm
o • • •
STATE OF CALIFORNIA )
) SS :
COUNTY OF 7d ,.)
On ,p�,s40/ /f , 1998, before me, the undersigned Notary Public,
personally appeared LUIS M. YANEZ, personally known to me (car.
t~-j, .. -aence) 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 .
AriY•v&*ALt►VJ YrtA:arkl,A cAJA,A VW&A AA,WAI,
rf-p HELEN SI-IANOLER�"eCgMM. #1155799InNOTARYPUBLIC-CALIFURNISignature �, � r ;.:
(� ;`;;`�� SANTA CLARA COUNTY O
My Comm Expires Oct. 15,2001—job
...1%,Y,nrt7.-f,Y,RmirffFiisr7rv,T,s
STATE OF CALIFORNIA )
SS :
COUNTY OF ,4' v)
On49y/ f , 1998, before me, the undersigned Notary Public,
personally appeared GEORGINA C. YANEZ, personally known to me (`6r
- - _ • -e iasis o sa istactory 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 .
HELEN S€-IANULER
p5 v= CO)
COMM. #1155799
Signature 2 • o NOTARY?UBLIC-CALIFURNIA
cr) LARCO
My CommSANTA. Expires Oct.OUNTY 15,2001 '
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L 2 PAGE 336
EXHIBIT A ••
•
That certain real property with Improvements thereon known as
. • 26242 Fremont Road, Los Altos Hills, County of Santa Clara, State of .
California, described as follows:
PARCEL ONE:
Beginning at a point in the center line of Fremont Avenue,
distant thereon N. 87' 10' W. 427.54 feet from the common corner
T. for Lots 27, 28, 42, and 43 as said corner is shown on the Map •
o . hereinafter referred to; said point also being the Northeasterly
corner of the land conveyed by Alton Burkhart, et al to Arthur P.
Williams by Deed dated September 15, 1945 and recorded October •
10, 1945, in Book 1290 of Official Records, page 371; thence •
running at right angles to said center line and along the
Easterly line of the land conveyed to Williams, 52' 50' W. 455.60
.._• feet to the True Point of Beginning of this description; thence
i'rom said true point of beginning continuing along said Easterly
line, 52' 50' W. 194.40 feet to the Southeasterly corner of the '
.- land conveyed to Williams; thence at right angles and parallel to
said center line of Fremont Avenue and along the Southerly line e .
of the land conveyed to said Williams N. Q7' 10' W. 246.08+ feet
to the Southwesterly line of the land conveyed to said Williams, ,
said line also being the Southwesterly line of Lot 26, as shown
- on said Map; thence along said Southwesterly line of Lot 26,, N., •
• 21' 30' W. 80.67 feet; thence parallel to said line of Fremont— .
• Avenue S. 87. 10' E. 79.32 feet+; thence parallel to the Easterly
line of said lands so conveyed to Williams aforesaid N. 2. 50' E. •
120.90 feet; thence at right angles and parallel with said cen-
terline of Fremont Avenue S. 87' 10' E. 200.00 feet to the True
ioint of Beginning and being a portion of Lot 26 of the M. 6 M.
Taaffe Subdivision of Lot 4 of the• Taaffe Partition as shown on
- that certain Map filed July 15, 1897 in Map Book I, pages 72 and
73, Santa Clara County Records.
•
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L025?AGE 337 +. i.
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EXHIBIT A (Continued)
At
PARCEL TWO: i •
f
A non-exclusive easement for vehicular and pedestrian ingress and
egress, and for the installation, maintenance and repair of water .'
• lines and water services situate in the Town of Los Altos Hills, ,f;
County of Santa Clara, State of California, under and across a
• portion of the lands ..anveyed from Luella M. Klock 'o Richard L.
Hasenpflug and Sandra L. Hasenpflug, by Deed recorded on
- September 26, 1974 as Document No. 4860385, in Book 8102, page •
• 196 in the Records of Santa Clara County, California, said ease •
-
• ment being a strip of land 12 feet in width, which is more par-
. titularly described as follows: ••
A portion of the Strip of land as shown as "Proposed 12'
Easement°, on that certain Map entitled °Record of Survey
Property of R. C. Klock", filed January 25, 1959 as File No.
1300291, in Book 73 of Maps at page 3, Records of Santa Clara ,
County, California; said strip being 12 feet wide and 217.80
feet long, the westerly line of said strip adjoining the westerly
_ line of the northerly one acre parcel of land as shown on said
Map, and the northwest corner of said strip being South 2. 50'
_ West 20.00 feet distant from the centerline of Fremont Road, said
•
strip containing 2614 square feet of land, more or less. •'
- PARCEL THREE: .... -..r
- - A non-exclusive easement for vehicular and pedestrian ingress and
egress and for the installation, maintenance, and repair of water •
lines and water services situate in the town of Los Altos Hills,
County of Santa Clara, State of California, under and across a
• portion of the lands conveyed from Arthur P. Williams and
Dorthy A. Williams to Roy C. Klock and Luella M. Klock, by Deed
• recorded January 30, 1950 in Book 1917, at page 519 of Official
. - Rec;;rda of Santa Clara County, California, said easement being a
strip of land 24 feet in width, which is more particularly
1• described as follows:
• ' A strip of land 24 feet wide and 217.80 feet long adjoining the
westerly line of the centrally placed one acre parcel of land as •
shown on that certain Map entitled, "Record of Survey Property of
R. C. Klock°, filed JLnuaLy 25, 1959 as File No. 1300291 in Book
• 78 of Maps at page 3, Records of Santa Clara County, California,
and the northwest corner of said strip being South 2. 50' West
237.50 feet distant from the centerline of Fremont Road, said
} , strip containing 5227 square feet of land, more or less.
•
APN: 175-35-015
'' • OFFICE OF COUNTY ASSESS
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EXHIBIT B-1
Conservation/Landscape Easement
Real property in the Town of Los Altos Hills, County of Santa Clara, State of California,
described as follows:
A.portion of thatparcel of land described in the deed to Luis M. Yanez, et al, recorded January
24, 1990 in Book L237 of Official Records, at page 1456 in the Office of the Recorder of Santa
Clara County, described as follows:
A strip of land 10.00 feet in width,more particularly described as follows:
Commencing at the northeastern corner of the aforementioned parcel;thence along the northerly
line thereof North 87°10' 00" West, 5.00 feet to the Point of Beginning;thence leaving said line
South 02°50' 00" West, 63.98 feet; thence southerly along a curve having a radius of 65.00 feet,
concave to the east, through a central angle of 22°37' 12", an arc length of 25.66 feet to the
. eastern line of said parcel;thence along said line South 02°50' 00" West, 20.00 feet; thence
leaving said line northerly along a curve having a radius of.75.00 feet, concave to.the east, a radial
line of said curve through said point bears South 55°57' 48" West, through a centralangle of
36°52' 12", an arc length of 48.26 feet;thence North 02°50' 00" East, 63.98 feet to the northern
line of said parcel; thence along said line South 87°10' 00" East, 10.00 feet to the point of
beginning,
And containing 1016 square feet, more or less.
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CANUMAY
No. 3272
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EXHIBIT B-2 SHEET 2 oF2
B &. H SURVEYING, INC. PROFESSIONAL LAND SURVEYING
901 WALTERMIRE ST. BELMONT CA. 94002 (650) 637-1590
TITLE: LANDSCAPE EASMENT BOOK L237 OF OFFICIAL RECORDS AT PAGE 1456
TOWN OF:LOS ALTOS HILLS COUNTY: SANTA CLARA CAUFORNIA
SURVIP,C, SCALES 1' = 30' FDR! LUIS YANEZ
JOB NO. 3921-98
P.C. DATE:1/19/98