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Home My WebLink About52-13 • ID RESOLUTION 52-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands Taelemans) WHEREAS, Christiane Taelemans, ("Owner") owns the property commonly known as 25550 Moody 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 Owner has 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 Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS,the Owner 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 Owner; 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. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of October, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen, Radford NOES: None ABSTAIN: None ABSENT: None Resolution 52-13 Page 1 • • �' Gary Waldeck, Mayor ATTEST: • Deborah Padovan, City Clerk • • • Resolution 52-13 Page 2 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= AMENDED AND RESTATED AGREEMENT FOR CONSERVATION EASEMENT This Amended and Restated Agreement for Conservation Easement ("Agreement") is made and entered into this 17th day of October , . 2013, by Christiane Taelemans, a married woman as her sole and-separate property ("Owner"), owner of the property located at 25550 Moody Road, Los Altos Hills, California and the Town of Los Altos Hills, California, a municipal corporation("Town"). RECITALS A. Owner is the owner of the property located at 25550 Moody Road, Los Altos Hills, California("Property"). B. The Property is encumbered by an Agreement' for Conservation Easement entered into between Christiane Scarampi and the Town of Los Altos Hills recorded by the Santa Clara County Recorder on August 25, 2004 as document 17972057 ("Original Agreement"). C. Owner and Town desire to amend and restate the Original Agreement to permit the maintenance of a shed on a portion of the Property in a manner not allowed under the Original Agreement but in all other respects to maintain the Restrictions on Use of the Property set forth in the Original Agreement. D. 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. Resolution 52-13 Page 3 • • 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 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 anyimprovements on or within the Property except for public and private utilities and paths dedicated to the Town and/or an approved septic system, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the land, and except for a 124 square foot storage shed not to exceed a height of 14' as described in Exhibit B to this Agreement to be used solely as an accessory structure as authorized by and permitted within a conservation easement by section 9-1.202 of the Los Altos Hills Municipal Code, subject to any conditions imposed upon the approval of such shed by the Planning Commission and/or the City Council; 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. Resolution 52-13 Page 4 S 4. Amendment and Restatement. This Amended and Restated Agreement for Conservation Easement amends and restates in its entirety the Original Agreement as to the Property. In the event of any inconsistency between the provisions of this Amended and Restated Agreement for Conservation Easement and the provisions of the Original Agreement, the provisions of this Amended and Restated Agreement for Conservation Easement shall govern. 5. 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. 6. 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. 7. 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. 8. 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: TOWN OF LOS ALTOS HILLS: Date: October 21 2013 Mayor ATTEST: --1 City Clerk Resolution 52-13 Page 5 • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) . On October 21,2013,before me, Deborah L. Padovan,Notary Public,personally appeared Gary Waldeck,who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r,amw""lid".61616,,,,,,,, DEBORAH L.PADOVAN !� Commission#°1929787 Notary Public-`California Seal Sonoma County. Signature: (Seal) _z,-"� 1 Comm.Ex res 11i9,201 Resolution 52-13 Page 6 • • STATE OF CALIFORNIA ) COUNTY OFSam -t-e-a ) On 0t ac1 , 2013,before me, , 2� Notary Public," ersonally appeared ebt,44',% t&L T J -i ca.Au ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/arrsubscribed to the within instrument and acknowledged to me that-Ire/she/ executed the same in.his/her/tke1ir authorized capacity(ies), and that by mer/them signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _ (Seal) •Q BETINE LEE Commission 2019407 ` i 4",..9 Notary Public-California ,,17 San Mateo County ""' My Comm.Expires Apr 12,2017 Resolution 52-13 Page 7 • • Certified as a true copy RESOLUTION 52-13 BY 06°LblahL--- City Clerk of the Town of Los Altos Hills RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands Taelemans) WHEREAS, Christiane Taelemans, ("Owner") owns the property commonly known as 25550 Moody 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 Owner has 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 Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS,the Owner 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 Owner; 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. The above and,foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of October,2013 by the following vote: AYES: Waldeck, Corrigan,Harpootlian, Larsen,Radford NOES: None ABSTAIN: None ABSENT: None Resolution 52-13 Page 8 - Resolution 52-13 Page 1 • • BY.: •• Gary Waldeck,Mayor A rrEST: ( ___ Deborah-Padovan,City Clerk Resolution 52-13 Page 9 Resolution 52-13 Page 2 • • • Exhibit A (r) • 2020100 Legal Description—Conservation Easement All that.certain real property situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,lying entirely within that parcel described by deed recorded July 2, 1976;Recording Number 6418823 at Book E607, Page 286,Santa Clara County Records,more particularly described as follows: Beginning at a point on the Northeasterly line of that Parcel described by said deed,said • a point being distant South 21°30' 00"East,20.85 from the Northeasterly corner;thence continuing along said Northeasterly line of the aforesaid parcel South 21° 30' 00"East, 92.78 feet,more or-less,-to the centerline of Adobe Creek;thence along the centerline of Adobe Creek and the Southerly line of said Parcel the following six courses: N 84°30'00"W,/3.26 feet; S 71°05'00"W, 115.50 feet; S 42°00'00"W,40.26 feet; S 61°00'00"W,95.70 feet; ' -• - " " � -SOS°30 00"W,59.40 feet;and S 34°59'•59"W, 19.87 feet; thence leaving Adobe Creek,N 47°03'00"W, 84.87 feet;thence N 39°11'40"E,23.00 feet;thence N 50°24'24"E, 17.00 feet;thence N 56°36'16"E, 13.00 feet;thence N 68°0552"E,9.00 feet;thence N 51°01'24"E, 11.00 feet;thence N 56°14'15"E, 16.00 feet;thence N 63°56'35"E,31.00 feet;thence N 57°33'52"E,25.00 feet;thence N 63°16'06'E,29.00 feet;.thence N 49°42'07"E,6.00 feet;thence N 01°43'22 E, 13.00 feet;thence N 0§°49'1 r E,34.00 feet;thence N 53°36'08"E,25.00 feet;.thence parallel with and distant 60.00 feet at right angles from the Southerly line of Lot 1 as shown on that certain map entitled`Tract No 5597,Moody Heights"recorded January . 21, 1975 in Book 350 of Maps at Pages 40 and 41.:;Santa Clara County Records ttie:* -" '• • following two courses: North 76°00'-27"East,89.06 feet to a point of curvature;and along the arc of a.tangent curve to the-left with a radius of 363.91 feet,through a central angle of 13°00'03",an arc distance of 82.57 feet to the Point of Beginning. ca e :; No. 4588 Exp. 9-30-08 • tie /. RECEIVED Exhibit"A" MAY 0 7 • 52-13 2 94 10 TOWt'I.OF LOS ALTOS HILLS • • Exhibit B Description of Shed Permitted to be constructed within the area shown on Exhibit A, in the location and in the manner as described herein: Resolution 52-13 Page 11 S . i S21'30'00"E 0 30 60 120 20.85' LANDS OF � illomilimimmi NAMnNEoI Ol K SCALE' 1" - 60' P08 NORTHEAST CORNER OF S2�•g0'00"E 92 78� DEED `�� "w �`N26•g9 30 N84'30'00"W / S21'32'00'13.26' 39.38' R=363.91 82.57 I LANDD�S OF TOWN LD=13'00'03" I OF LOSS ALTOS HELLS LOT 9 60,.00' w S71'05'00"W TAT NO. 6697 1 IA MOODY HEIGHTS o 0 115.50' I oi BOOK 350 OF I moao ( UPS, AT PAGE 41 n z 3'36' 8"E S42'00'00"W 40.26' PROPOSED 25.00' I CONSERVATION .� EASEMENT MOODY SPRINGS Nos• '11"E COURT (50') 4.00 NO1'43'2 "E 1300' N49'4 '07"E 6.00' S61'00'00"W N63116106"E 29.00' 95.70' • ^N57'33'52"E 25.00' S0510'00"W eeD 63'56'35"E 31.00' 59.40' S34'59'59"W LOT 4 TRACT NO. 6697 q N5614'15"E 16.0.' N 19.87' MIDDY !MGM d N51'01'24'E 11.00' +.Z1 BOOK 360 OF a i N68105'52'E 9.00' 0'5 MAPS, AT PAGE 41 • " a $� 1. $ I N56.3616 E 13.00 q I N50'24'24"E 17.0.' 0I N3911'40"E 23.00' FORMER CENTERLINE I LAND OF LANDS OF OF MOODY ROAD I - SSCANQIMPII PRY (FORMERLY SIC EOM PCS 286 EL MONTE AVE) LOT 6 `.� TRACT SIO. 6697 MOODY HEIGHTS . BOOK 360 OF \ r APS, AT PAGE 411 . EXHIBIT "B" L LEA & BRAZE ANG, INC. PROPOSED CONSERVATION EASEMENT CIVIL ENGINEERS • LAND SURVEYORS WITH SHED 24 5 II AREA PKWY REST SACRAMENTO 017 DOUGLASDOREGION ww i 300 25550 MOODY ROAD HAYWARD,CALIFORNIA 94545 ROSEVILLE. CA 95681 (P) (510) 887-4086 (P) (916)986-1338 LOS ALTOS HILLS, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7383 WWW.LEABRAZE.COM JOB# 2020100 DATE: 8-24-13 11.,...1,.t:—.S2 A3 Page 12