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Home My WebLink About98-98 • • • • • RESOLUTION NO. 98-98 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 THOMAS H. A. LE FEVRE 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 Thomas H. A. Le Fevre. 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 Thomas H. A. Le Fevre . PASSED AND ADOPTED this 21st day of October , 1998 . By. Mayor ATTEST: City Clerk 3\lah\res\lefe-ce.res . , • • DOCUMENT: 6760 Titles: 1 / Pages: 7 Fees. . . . * No Fees IIIITaxes. . . This Document is RecordedIII Copies. For the Benefit of the A0014576776A Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 008 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 12/30/1998 Recorded at the request of 2: 14 PM 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 71st day of October , 1998, by and between THOMAS H.A. LE FEVRE, as Trustee, or his successors, of the Thomas H.A. Le Fevre Revocable Trust dated April 9, 1997, ("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 described as follows : Designated Remainder as shown on that certain map entitled "Parcel Map Lands of Eshner et al" which Map was filed for Record in the Office of the Recorder of the County of Santa Clara State of California on April 1, 1991 in Book 625 pages 4, 5 and 6 . 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\lefe-ce.agm ,' • • III 111 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 saidconservation 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 2 3\lah\re\lefe-ce.agm • • • • • 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 c. against the grading ofland 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. 4 . Restrictions on Public Use. The public shall not have a right of entry upon the Property. The rightof 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\lefe-ce.agm m6e•ap-a3ai\ai\upi\E NaaTO Agz0 �ZS3ZZK aoLe : sqI :AS 866T aaqureAON : agpc /S/ IH St/rIV SO'I 30 NMOL L66T '6 'Tidy pagpp gsnas aTgpooAag a.IAa3 aZ •V•H spuious, agq. Jo aagsnay '3233 Ea •V •H SKNOHL 2i3NMO • quaivaaa6P sTgq pagnoaxa OAP aApg oga.au saTgaPd aqq. '3O32i3HM SS3NLIM NI •o4aaag saTgand auq ;o su&zss2 puP saossaoons 'sa-rau aqq ;o gTjauaq auk aanuT puP uodn 6uTputq • • • • " ; • S • - • STATE OF CALIFORNIA ) ) ss : COUNTY OF Sanfa CLsd) On OboerY){ ex , 1998, before me, the undersigned Notary Public, personally appeared THOMAS H. A. LE FEVRE, 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 thesamein 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 . w�• SUZANNE DAVIS ,�-ms Commission#1081074 z My Comm.Expires Dea17,1999 STATE OF CALIFORNIA ) ss : COUNTY OF On , 1998, before me, the undersigned Notary Public, personally appeared , 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 . Signature 5 3\lah\re\lefe-ce.agm • • • • Exhibit "A" All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California and described as: A portion of Lot No. 2 as shown on the Parcel Map filed on l Z go i , in Book ha of Maps, at Pages 41 , in the Office of the Recorder, County of Santa Clara.