HomeMy WebLinkAbout20-98 40•
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RESOLUTION NO. 20-98
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
WALTER. W. WILSON AND ELIZABETH L. WILSON, AS TRUSTEES
OF THE WILSON REVOCABLE TRUST DATED JULY 6, 1993.
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 WALTER W. WILSON and
ELIZABETH L. WILSON, as Trustees of the Wilson Revocable Trust
dated July 6, 1993 .
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 WALTER W.
WILSON and ELIZABETH L. WILSON, as Trustees of the Wilson Revocable
Trust dated July 6, 1993 .
PASSED AND ADOPTED this 15th. day of April , 1998 .
By:
Mayor
ATTEST:
City Clerk
3\lah\res\wile-ea.res
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DOCUMENT: 14177859 Titles: 1 / Pages: 8
This Document is Recorded Fees. . . . No Fees
For the Benefit of the 11 Eli 0
Taxes. .
Town of Los Altos Hills x6014177859 Copies. .
And is Exempt from Fee AMT PAID
Per Government Code
Sections 6103 and 27383 BRENDA DAVIS RDE # 005
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 5/08/1998
Recorded at the request of 2:23 PM
Town of Los Altos Hills City
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This agreement, made and entered into this 21 day of
, 1998, by and between WALTER W. WILSON and
ELI ABETH L. WILSON, as Trustees of the Wilson Revocable Trust
dated July 6, 1993, (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 .11471 Buena Vista Drive and more particularly
described as that parcel of land shown as the "Lands of Andrews" on
the Record of Survey recorded May 7, 1986, in Book 559 of Maps at
Page 26, Santa Clara County Records .
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
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
1 3\lah\re\wile-ce.agm
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important physical, social, aesthetic and economic asset to the
Town and the Owner.
NOW, THEREFORE, theparties, 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 A 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 og 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 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
2 3\lah\re\wils-ce.agm
411 • •
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 .
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 the terms of this paragraph, a
vineyard/orchard and any related irrigation is permitted on the
Property as long as no portion of the vineyard/orchard or any
related irrigation is located within the dripline of any heritage
oak tree without the Town' s approval upon the recommendation of an
arborist .
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\wils-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 .
OWNER ,� '
Date : 3125 , 1998 \
WALTER W. WILSON, as Trfstee
of the Wilson Revocable Trust
dated July 6, 1993
Date: 7p4Z, a21 , 1998
LspiZABETH L. WILSON, as Trustee
of the Wilson Revocable Trust
dated July 6, 1993
TOWN OF LOS ALTOS HILLS
Date : April 15 , 1998 BY:
Its :
Mayor
ATTEST:
City Clerk
4 3\lah\re\wils-ce.agm
• . • •
STATE OF CALIFORNIA )
) ss :
COUNTY OF &1/749 (2
On AA:9r, ) 2E5 , 1998, before me, the undersigned Notary Public,
personally appeared WALTER W. WILSON, 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 executedthe 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 .
4 SUZANNE DAVIS
,AAMCommission#1081074 Z
cer.,rh,�
'a Notary Publlc—Cailfomla
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Signature &' �_; Santa Clara County
� " My Comm.Expires Dec 17,1999
STATE OF CALIFORNIA )
ss :
COUNTY OF Sob Ctars, )
On Larch 2.4 , 1998, before me, the undersigned Notary Public,
personally appeared ELIZABETH L. WILSON, 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 . SUZANNEDAVIS
MISVCommission#1081074 Z
z Notary Public—California
1 My Comm.Expires Dea17,19971
5 3\1ah\re\wile-ce.agm
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40.
March 13, 1998
,'* EXIT .
LEGAL DESCRIPTION
WILSON RESIDENCE - 11471 PAGE MILL ROAD
CONSERVATION EASEMENT
A portion of the lands of Wilson described in the deed recorded
as document number 13701546, also being the lands of Andrews
shown on the' Record ' of Survey recorded May 7, 1986 in Book 559 of
Maps at Page.. 26,' Santa Clara County Records, being more'
particularly describedas follows:
BEGINNING at a' point on the easterly boundary of said lands of
Andrews South 8°52 ' West 34.00 feet from the northerly extremity
of that certain course with the bearing South 8°52 ' West';
THENCE leaving last said line South 62°45' 00" West 65.07 feet;
THENCE along the arc of a curve to the right having a radius of
220.00 feet through a central angle of 19°05'00" an arc length of
73.27 feet;
THENCE South 81°50'00" West 184.73 feet;
THENCE along the arc of a curve to the left having a radius of
30. 00 feet through a central angle of 135°26 ' 02" an arc length of
70.91 feet to a line parallel to and 10.00 feet distant from the
"Mon Line R/W" on the northerly side of Moody Road as shown on
said map;
THENCE. along last said lineSouth 53°36 '02" East 0.68 feet;
THENCE along the arc' of a. curve to 'the left having a radius of
50.00 feet through a central angle of 60°01' 18" an arc length of
52. 38 feet;
THENCE North 66°22 '40" East 34.64 feet;
THENCE along the arc of ,a curve to the right having a radius of
145. 00 feet through a central angle of 36°22 ' 10" an arc length of
92.04 feet;
THENCE South 77°15 ' 10" East 112.25 feet;
THENCE along the arc of a curve to the right having a radius of
80. 00 feet through a central angle of 14°39 '44" an arc length of
20.47 feet to the easterly line of said lands of Andrews;
THENCE along last said line North 8°52 ' East 149. 13 feet to the
POINT OF BEGINNING.
Containing 0.541 acres.
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LANDS OF WILSON
11471 BUENA VISTA DRIVE
LOS ALTOS HILLS
CLEMENTS & ASSOCIATES
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