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Home My WebLink About65-98 11/ • • • RESOLUTION NO. 65-98 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 RODNEY ROBINSON AND NANCY R. IKEDA 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 Rodney Robinson and Nancy R. Ikeda. 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 Rodney Robinson and Nancy R. Ikeda. PASSED AND ADOPTED this 19th day of August , 1998 . By: Mayor ATTEST: i y Clerk 3\lah\res\robi-ea.res • • DOCUMENT: 798 Titles: 1 / Pages: 8�; 1 Fees. . . ..' No Fees 1 11 11111111 111 Taxes. . . This Document is Recorded Copies. . For the Benefit of the06143798b1 AMT PAID Town of Los Altos Hills And is Exempt from Fee RDE # 003 Per Government Code BRENDA DAVIS Sections 6103 and 27383 I SANTA CLARA COUNTY RECORDER 9/09/1998 Recorded at the request of 8:56 AM When Recorded, Mail to: , City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this ( 7-I-II day of V (,Ur1.e. , 1998, by and between Rodney Robinson and Nancy R. Ikeda, husband and wife, as joint tenants (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 12238 Via Arline and more particularly described as : Lot 2 as delineated upon that certain Map entitled "Tract No. 7614" filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 7, 1987, in Book 577 of Maps, at Pages 6 and 7 . 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 1 3\lah\re\robi-ce.agm c . + . 411 • 111 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 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 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 action which will be incompatible with maintaining the. preserving the natural or scenic character of the land; and 2 3\lah\re\robi-ce.agm • ! S • b. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristic of the land; and c. against the grading of land other than attendant to permitted uses; and d. against the planting of vegetation except for non- invasive native riparian species; and e. 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. 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\robi-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 . (7R : Date : / � '/� , 1998E OBINSON Date : 1 , 1998 NANCY R. IKEDA TOWN OF LOS ALTOS H. L`. Date : August 19 , 1998 By: ✓ Its : Mayor City Clerk 4 3\lah\re\robi-ce.agm : . 0 • • • 12236 \1tA / LW1= ee1.16 \4,66,-TI ok41=A'GN1E"..iT Esi-m3rr "/s." 1 OF 1_ • Commencing at the northerly corner of Lot 2, as delineated upon that certain Map entitled "Tract No. 7614", Recorded August 7,1987 and filed in Book 175, at Page 47 Official Records of Santa Clara County; thence along the Norwesterly line of said Lot 2, South 53° 36' 56" West 74.98 feet to the point of beginning of the Conservation.Easement herein described; thence continuing along last said line South 53° 36' 56" West 20.23 feet, thence South 27° 48' 00" East 30.99 feet and South 02° 38' 30" East 163.98 feet to a point on the Southeasterly line of said Lot 2; thence Northeasterly along last said line, North 53° 36' 56" East 24.05 feet, thence North 02° 38' 30" West 155.09 feet and North 27°48' 00" West 38.47 feet to the point of beginning. .,„0. 556 ;4 = . ,,i/c .,/-0,.*5C5 E/4-x,..,\:, pkkp' 1 0. /.046 v,,ti", / #/ f/P *,fi,� �' CiV�L; .�o�� ' :, _ _520.7¢ N 36 23 D.¢ W 4. t' n t223�,.V(P. p.rzLi N j fYfY ft for 2 (�' vs /, 225"t ,Gle2E3 ;Q e " C Ot.1S5.►Z1ATto,�i N. 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LITYi CX37�C�ito43 k . • slau mart a•tas it • • STATE OF CALIFORNIA ) ) ss : COUNTY OF Sanfa Ckr On dune.Ufle (' , 1998, before me, the undersigned Notary Public, personally appeared RODNEY ROBINSON, 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 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 . SUZANNE DAVIS 4° , Commission#1081074 g z 2 Notary Public–California z T ,#',r Santa Clara County Signature STATE OF CALIFORNIA ) ss : COUNTY OF s&h-+a Clary On dune_ V i , 1998, before me, the undersigned Notary Public, personally appeared NANCY R. IKEDA, personally kno_ren e--rne (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 . �. � SUZANNE DAMS .1 Commission#1081074 g z . Notary Public–California My Comm.Expires Dec 17,1999 5 3\lah\re\robi-ce.agm