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Home My WebLink About66-98 • 4 • • . RESOLUTION NO. 66-98 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 BRUNO FERRARI AND SERAFINA FERRARI 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 Bruno Ferrari and Serafina Ferrari . 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 Bruno Ferrari and Serafina Ferrari. PASSED AND ADOPTED this 19th . day of August , 1998 . Mayor ATTEST: City Clerk 3\lah\res\ferr-ea.res O ; DOCUMENT: •798• Titles: 1 / Pages: 10 II 111, 11 1111 I 11 11 II Fees. . . .* No Fees Taxes. . . Copies. . This Document is Recorded A061437986.0AMT PAID For the Benefit of the Town of Los Altos Hills And is Exempt from Fee 1 BRENDA DAVIS RDE # 003 Per Government Code SANTA CLARA COUNTY RECORDER 9/09/1998 Sections 6103 and 27383 Recorded at the request of 8:56 AM • City When Recorded, Mail to: 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 1`)1-{-L day of , 1998, by and between BRUNO FERRARI and SERAFINA FERRARI, 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 12500 Corbetta Lane (APN: 182-16-048) and more particularly described as : Parcel C, as delineated :: upon that certain Map entitled "Parcel Map of a division of Lot 1, Tract No. 3486" filed for record in the Office of the Recorder of the County of Santa Clara, State of California on June 28, 1972, in Book 303 of Maps, at Page 49 . 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. 1 • 3\lah\re\ferr-ce.agm - . . • • • 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 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 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 of this Agreement and the conservation easement granted herein, the Propertyshall 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 and split rail or other open style fencing that allows for movement of wildlife, provided these reserved exceptions shall be consistent 2 3\lah\re\ferr-ce.agm -- r • • S • 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 li 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 any vegetation other than non-invasive native 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\ferr-ce.agm ! ! • • binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, thearties hereto have executedthis t s agreement . OWNER Date : 67/7 , 1998 / /, /// BR 'rO FER'•' 'I Date : (z./ ii 1998 �SERAFIN• ERRARI TOWN OF LOS ALTOS I fS Date : August 19 1998 By: Its : .•or ATTEST: .� City Clerk • 4 3\lah\re\ferr-ce.agm • • • • STATE OF CALIFORNIA ) ss : COUNTY OF 1. OMO, On (0- 11 , 1998,, before me, the undersigned Notary Public, personally appeared BRUNO FERRARI, 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 . REGINA DEASON WITNESS my hand and official seal . a '� Comm.#1119595 ►\ ;4 3 NOTARY PUBLIC CALIFORNIA / u1 (� Santa Clara County, I 'am - My Camm. ET!s Dec._I 2,,2000 11 Signature Qtfy-V,k_j � STATE OF CALIFORNIA ) A A ) SS : COUNTY OFCyIj�UC1 �.Jl, On (0 —'1% , 1998, before me, the undersigned Notary Public, personally appeared SERAFINA FERRARI, 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 . c�O"'� WITNESS my hand and official seal . REGINA DEASON�? Comm.#1119595 {t,.� �3 NOTARY PUBLIC CALIFORNIA V' • • Santa Clara County ..� or 1�J ,\ yJm,r' My Comm. Expires Dec12,2000 Signature --- - - 5 3\lah\re\ferr-ce.agm X.m voigiESS6• • II. March 13, 1998 tfA (LT V %_,? LEGAL DESCRIPTION ° NO•i4030 12500 CORBETTA LANE * J+>' • cim. CONSERVATION EASEMENT =- ortionof that certain parcel of land shown as "Parcel C" on the Parcel Map recorded June 28, 1972 in Book 303 of Maps at Page 49, Santa Clara County Records, being more particularly described as follows: PARCEL A BEGINNING at the most northerly corner of said Parcel C; THENCE along the easterly line of said Parcel C South 21°23 '50" East 200.00 feet; THENCE leaving last said line South 68°30 ' 00" West 69. 64 feet; THENCE at right angles North 21°30 '00" West 100.00 feet; THENCE at right angles South 68°30 '00" West 75.00 feet; THENCE at right angles North 21°30' 00" West 100. 00 feet to the northerly line of said Parcel C; THENCE along last said line North 68°30' 00" East 145. 00 feet to the POINT OF BEGINNING. Containing 0.493 acres. PARCEL B BEGINNING at the southeasterly corner of said Parcel C; THENCE along thesoutherly line of said Parcel C South 68°38 ' 00" West 123 . 15 feet and South 78°06 ' 18" West 138.31 feet to an angle point in last . said line; THENCE leaving last said line North 11°53 '42" West 80.00 feet; THENCE at right angles North 78°06 ' 18" East 148.43 feet; THENCE North 21°22 '00" West 99.26 feet; THENCE at right angles. South 68°38 ' 00" West 30.00 feet; THENCE at right angles North 21°22 '00" West 100. 00 feet; THENCE at right angles North 68°38 '00" East 150. 00 feet to an angle point on the easterly line of said Parcel C; THENCE along last said line South 21°22 ' 00" East 151.50 feet, South 68°38 ' 00" West 20. 00 feet, and South 21°22 ' 00" East 125. 00 feet to the POINT OF BEGINNING. Containing 1. 057 acres. 1 411 • 0' • i 14 " eNSM•C DONS'cE�P I`"'o N' PPR $ 1" .= 80' • O.r 150- m F C.1 �- N 0 0 tea- O C-') m ._f t�', -3. a. O. i r z / P P�,G a9 ,� �5 00 J �� 3�3M ..../ 0'30 00 / S 1 \SO.O • N � J1 3a'0a , v. k GpNS• �,6 o_ cp o - PPR Ni a fi 1.00 Zu 0 W . ' 30 56 COW 561.- 00i1 W 56 v, s o $ • 4 . 3 ' 4 o S �ee06I - ",,,-•-PO.5, fig,o0, - • N70° i s b8e �QF $fQk,, ��'03•,W c `�45): \9 '`t - CONSERVATION /9i./3, Ig"W 139.31 ti t- Sig° 06' �, CONSERVATION EASEMENT Ica ;; ' No.t4�30 12500 CORBETTA LANE '. * EXP• 3 * LOS ALTOS HILLS • cfjli. C!"& -•'.. CLEMENTS D ASSOCIATES \ �•6,- c``.A - CIVIL INEERS