Loading...
HomeMy WebLinkAbout10-05 10-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF MALEK 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 Moosa Malek, sole principle of M&M Properties ("Owner"). 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 Owner. PASSED AND ADOPTED this 3day of ,, �_: _/_,1_� , 2005. By: (, / ayor ATTEST City Jerk -40 m A •1 •; Attachment A to Resolution 10-05 DOCUMENT: 18251122 Pages: 7 Fees. . . . * No Fees This Document Is Recorded11 111 11 11111 For the Benefit of the Taxes. . . Town of Los Altos Hills Copies. . And is Exempt from Fee AMT PAID Per Government Code Sections 6103 and 27383 BRENDA DAV 1 S RDE # 006 SANTA CLARA COUNTY RECORDER 2/28/2005 A When Recorded,Mail to: Recorded at the request of 2:34 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk 14. CP SedOr — 11, AGREEMENT FOR CONSERVATION EASEMENT This Agreement for Conservation Easement ("Agreement") is made and entered into this 15T' day of Cer , 2004, by Moosa Malek, sole principle of M&M Properties, ("Owner"), owner of a certain property located between Buena Vista Drive and Central Drive (APN:182-29-061), Los Altos Hills, California, a municipal corporation("Town"). RECITALS A. Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation easements on privately owned lands lying within the Town. B. Town finds this conservation easement to beconsistent with the Town's General Plan and in the best interests of the Town. C. Owner 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 Owner. D. Owner submitted and City conditionally approved a tentative map on November 7, 2002 ("Tentative Map") which Tentative Map includes certain subdivision improvements as described herein. 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: r t • ID, 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 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 4 commencing with Section 815 of Part 2, Division 2, Title 2 of the Civil 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. Owner, 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 and paths dedicated to the Town and/or an approved septic system, provide 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, and similar measures; and e. against any plantings other than native vegetation; and f. against the erection of structures other than lawful fences. 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. Notwithstanding anything in this Agreement to the contrary, Section 3 shall not prohibit the installation of site drainage improvements as approved by the City Engineer and Planning Director and the planting of a vineyard on the westerly side of Lot 3 near the swale. • Er 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 property 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: /©///W.. _ Date: , 2004 �'� Moosa Malek, Sole Principle of M&M Properties TOWN OF LOS ALTOS HILLS: Date: D d 3 / ' ayor ATTEST: City Cler II ., STATE OF CALIFORNIA ) ) ss: COUNTY OF Santa QUA On Ceidaor I , 2004,before me,the undersigned Notary Public,personally appeared MCCeCt Ma iQK ,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 f which the person acted, executed - instrument. WITNESS my d • , cial seal. - MOEOOMRROACH :-.:0)).-„,. C.onimbsbn#1413161 Signature `.•�1Mi_co m,6 Mcr. 502 M 43 , N e9 5a . . 502 M 43• ...._-... PARCEL B • o`'�' c- t.'6 ' 0054'. �1,. PARCEL A JI d R7N �' / • • �S' F 8 o,�,E m 2073'7"E X30 0P .0 E' -...,..,c. �� 1A '1-- y6.- t' 1 o N 1 67873. 607 M 17 W C13 r'. •,5... .0• 51"•223.. /d ei X') a1 n N 5 J12.21�3p-•B 6.. I 517.°8'.. : I/ �1 i o'2 �6 4.1-?"- �56� t. + . X24 LOT 1 4 G V '� 1 �'� N ro I (2.98 ACRES±) 718.13' 10' P.E. +I tia ^3^I N 7'46'35" E(R) col ;AC' I - N w `w S. ry��' O Q, CONSERVATION EASEMENT m1' Atrp m /� N y1' LANDS OF M B M g s �� w =i \. /oti9 20?5'a3"E 762.00 PROPERTIES �;1° `1`° P.EE. I" .m / '5\ ` ` ' 1626 OR 533 T / m in z 40' RIGHT-OF-WAY 486.52• • r J 1� \'1' ��' AND PUBLIC UTILITY EASEMENT •\ m Co 411111 T-� j 0 . LOT 3 �—(BUENA VISTA DRIVE) I .352 4 ro NTS o 1�'- 6' (3.05 ACRES±) / 1• m d\ \O' Z 40' RQADWAY AND 2 �V �^ F .1,7• LOT 2 o PATHWAY EASEMENT all 1±1.99' 1 ��i z..,;\ Cs (3.65 ACRES±) (CENTRAL DRIVE) �I o co''6'?8o S\px/' o �C2j tJ, �I ISO /� • 6',N.�.-1V- \Y 4/ :".14 cn c+1 • S37 18'08'W(R) `" ^ii II .c,1 ow cp \O, 9J\3, v ''� o o'O • N8423'S7"W(R) ham/ z y \7' Av ro '�A.O, \•••'-- _ ?Y. 9`p�• 1,1g/ `N7 �� �i� �`, N75'10'01"E ,,z)."),4, CONSERVATION �� II • $ `•.' 10' P. ��, `16 •4 A959 4 10.54' yp/� 20.63' EASEMENT -+ ' N \� v 14 Z N1 �6a` 1'' ,'�pj\P9 • /• /a "' • wl al m N to to m CONSERVATION u, ��, / 'G C��•�C S 1129'01" W 230.0' ONS I• -- ca y� \No- EASEMENT �`ro o \ �J S ,. .,,47„ N14'49'S9'W •1�u! pt 4 ' � °01 J'� N o.�,=► 30.71' 1>_ Co I I 0 0 0 • —�� 15 61• A9 y9 1 • N 7939'23' W S•°693'21.B4 J I m m LA \'u! Nt, •• 54.67' I / 83 �p L6 [! ' L1b 126.83'• O PU' WIDE • 0..... O ,O= PUBLIC UTILITY- 0-0— Oc 673'21'W 179.99' • S 1020'37'W EASEMENT • S 924'01" W 180.27 • t 109.80' I _ LANDS OF LANDS OF DIBACHI . DOC •NO 14081759 607 M ]7 LACHENBRUCH • • • P404 OR 1842 • • til • eCi I-..1 H Copy of Parcel Map Including Depiction of Conservation Easements • 10-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF MALEK 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 Moosa Malek, sole principle of M&M Properties ("Owner"). 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 Owner. PASSED AND ADOPTED this c�day of4 , 2005. By: (/ ayor j ATTEST City lerk Cued as a copy By & " City Clerk of th• awn ., Los Altos Hills 40 LOSALTOS HILLS Hit .. •� CALIFORNIA I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do herby declare under penalty of perjury that the foregoing is true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of February, 2005 Date: February 28, 2005 Attest: Place: Town Hall C.410 k Town of Los Altos Hills (Temporary Offices) 25890 Fremont Road Los Altos Hills, CA 94022 26379 Fremont Road Los Altos Hills California 94022 650 / 941 -7222 Fax 650/941-3160