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Home My WebLink About93-98 i • • • RESOLUTION' NO. 93-98 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 DIDIER J. ROGEZ & ISABELLE J. ROGEZ WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ("Agreement") between the Town and Didier J. Rogez and Isabelle J. Rogez . 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 Didier J. Rogez and Isabelle J. Rogez. PASSED AND ADOPTED this 21st day of October 1998 . By. Mayor ATTEST: City Clerk 3\lah\res\roge-ce.res -._i..4 • • • DOCUMENT: 1 X515 Titles: 1 / Pages: 8 1 1 11 1111 Fees. . . . * No Fees ll' Taxes. . . Cop This Document is Recorded 0014545155 AMT I PAID . For the Benefit of the Town of Los Altos Hills And is Exempt from Fee BRENDA DAVIS RDE # 003 Per Government Code SANTA CLARA COUNTY RECORDER 12/10/1998 Sections 6103 and 27383 ; Recorded at the request of 2:26 PM Title Company 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-.22nd day --' 1998, by and between Didier J. Rogez and Isabelle J. Rogez, 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 25561 Fremont Road. 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 1 3\lah\re\roge-ce.agm % , • • • • 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 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_provi-sions 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 including, without limitation, structures or fencing, 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\roge-ce.agm t • • • • 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 cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and e. Section 3 .a above, notwithstanding, with the approval of the Town Engineer, Owner may install creek channel improvements of a natural material including, without limitation, gabions . A concrete lined or box channel is specifically prohibited. 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\roge-ce.agm • • • • bindingupon and inure to the benefit of the p t e heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement . OWNER Date: 5- 71— n , 1 wor NIP' DIDIER J ROC , ISABELLE J. 0G: TOWN OF LOS ALTOS 'J S 1998f Date : October 21 , 19 By: s Its : ; r :,_, ) ? ATTEST. City Clerk 4 3\lah\re\roge-ce.agm • .. , .. • 111 III • • STATE OF CALIFORNIA ) ) ss : COUNTY OF 5A-Oft' L,LA-/Li;') On AyZ) ms , , before me, the undersigned Notary Public, personly appeared DIDIER J. ROGEZ, 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 . °"' '•�- ,.. -- -.,••. t PATRICIA L.PAULL (44 �- z� Comm.No.10�21 Q y �,,. *Pull NOTARY PUBLIC•CALIF(�R�dlt's SANTA CLAM COUN Y t? Signature X Comrr�i r�lnn Est irr�a 2„". June 26, 2000 STATE OF CALIFORNIA ) ss : COUNTY OF ‘41,67n- G!.4i On /1l 72 /9Q'6, 1 , before me, the undersigned Notary Public, person- ly appeared ISABELLE J. ROGEZ, 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 . . • . `. PATRICIA L.PAULL 't ,' Comm.No 102 i S > - .. 0 ."; NOTARY PLJ3UC CALL ,a. lP co Signature SANT CL-49A CtJr+ g �' --. ;0 goy Ognr js .9app@,s i .,PA, 4,000 5 3\lah\re\roge-ce.agm x�f ill(f k I • LEGAL DESCRIPTION CONSERVATION EASEMENT OVER ADOBE CREEK GRANTED TO THE TOWN OF LOS ALTOS HILLS LANDS OF ROGEZ A portion of Lot 34 of the Taaffe Partition as Recorded in Book"I" of Maps at Pages 72 and 73, Town of Los Altos Hills, California. Being a perpetual Easement for Conservation purposes over, under, through and across a strip of land lying adjacent to and Southerly of Adobe.Creek described as: Beginning at the most Southerly corner of Lot 7 of Tract No. 4878 as designated and delineated upon that certain Official Map filed in Book 288 of Maps at Page 55, Santa Clara County Records and running thence, along the Southerly Boundary of Tract No. 4878 as shown on Map filed in Book 288 of Maps at Page 55, and Tract No. 1431 as shown on Map filed in Book 55 of Maps at Pages 32 and 33, the following (18) courses; (1) S.80° 15'00"E 84.00'. (2) S.33° 50'00"E 69.20'. (3) S.35° 13'00"E 17.50'. (4) S.26° 16'00"E 55.50'. (5) S56° 36'00"E 108.70'. (6) S.77° 36'00"E 48.00'. (7) N.65° 24'00"E 16.60'. (8) N.13° 20'00"E 21.40'. (9) N.56° 10'00"E 9.32'. (10) S.05° 00'00"E 11.22'. (11) N.85° 00'00"E 66.13'. (12) S.26°45'00"E 0.23'. (13) S.85° 48'00"E 21.20'. (14) N.67° 54'00"E 16.10'. (15) N.80° 00'00"E 30.00'. (16) S78° 00'00"E 35.60'. (17) N.76° 17'00"E 64.50'. (18) N.89° 43'00"E 9.28' to the Westerly right-of-way line of West Edith Avenue. Thence, S.48° 18'49"W 99.50' along said right-of-way line to a point. Thence, leaving said right-of-way line S.88° 53'35"W 18.01' to a point. Thence, S.79° 54'59"W 56.90' to a point of curve. Thence through a curve tangent to the previous course concave to the North having a Radius of 87.00' a Central Angle of 41° 57'39" and an Arc Distance of 63.71'. Thence, S.57° 11'27"W 37.05' to a point of curve. Thence, through a tangent Curve Concave to the North having a Radius of 100.00' a Central Angle of 31° 43'39" and an Arc Distance of 55.37'. Thence, through a non-tangent curve concave to the North having a beginning Radial Bearing of N.01° 04'54"W, a Radius of 125.00' a Central Angle of 48° 53'07" and an Arc Distance of 106.65'. Thence, through a non-tangent curve concave to the South with a beginning Radial Bearing of S.47° 48'13"W a Radius of 238.00' a Central Angle of 12° 28'17" and an Arc Distance of 51.80'. Thence, through a non-tangent curve concave to the North with a beginning radial Bearing of N.35° 19'56"E a Radius of 137.00' a Central Angle of 29° 07'56" and an Arc Distance of 69.66'. Thence, through a non-tangent curve concave to the South with a beginning Radial Bearing of 8.64° 27'52"W a Radius of 113.00' a Central Angle of 41° 54'06" and an Arc Distance of 82.64'. Thence, through a non-tangent curve concave to the North with a beginning Radial Bearing of N.22° 33'46"E a Radius of 237.00' a Central Angle of 32° 06'27"and an Arc Distance of 132.81' to the North line of lands called for in Deed Recorded in Book"P-264" at Page 639, Santa Clara County Records. Thence S.86° 56'59"E 71.41' along said North line to the point of beginning. OND End of Description d, 1,5792,Q/ OF CAN_ P116-6 ori Z • • • LEGA,,DESCRIPTION AREA OF CONSERVATION EASEMENT ACROSS LANDS OF"ROGEZ" " EXHIBIT "A" November 2, 1998 A portion of Lot 34, lands of"Rogez"of the Taaffe Partition as recorded in Book"I"of Maps at Pages 72 and 73, Town of Los Altos Hills, California. Being a Conservation Easement over, under, through and across a strip of land lying adjacent to 60 wide Fremont Road and being more particularly described as follows: BEGINNING at a point on the easterly right-of--way line of 60 foot wide Fremont Road from which the most Southerly corner of Lot 7 of Tract no 4878 as designated and delineated upon that certain Official Map filed in Book 288 of Maps at Page 55, Santa Clara County Records bears South 86° 56' 59"East 233.85 feet distant and running thence along the Northerly Boundary of said "Rogez"lands South 86° 56' 59" East 46.28 feet to a point;thence South 03° 03'01" West 90.00 feet toa point;thence South 4° 27'33" east 44.59 feet to a point;thence South 12° 53' 12" west 77.92 feet to a point; thence South 39° 45' 57"East 85.75 feet to the northerly right-of-way line of 60 foot wide Fremont Road;thence along said right-of-way line north 67° 23'44"West 69.02 feet to a point of Tangent Curve;thence through said tangent curve concave to the northeast having a radius of 55.00 feet, a central angle of 71° 45'46" and an arc length of 68.89 feet;thence North 4° 22'02" East 197.74 feet to the POINT OF BEGINNING and containing 10,893 square feet of land, more or less. End of Description .••- k117**%N14 _. William F. Kull Professional Land Surveyor Ems.0 �� * No. L5752