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Home My WebLink About13-97 • , . RESOLUTION NO. 13-97 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF A AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND JAMES A. DORRIAN WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ( "Agreement" ) • between the Town and James A. Dorrian. 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 James A. Dorrian. PASSED AND ADOPTED this 2nd day of April , 1997 . By: " Mayor ATTEST: City Clerk 3\lah\res\dorr-ea.res • • ( DOCUMENT: 13704029 Titles: 1 / Pages: 9 ' This Document is Recorded Fees. . . . No Fees For the Benefit of the IIIIIII 01111111 111 1 Taxes. . . Town of Los Altos Hills Xi e81'�6ae Copies. . And is Exempt from Fee AMT PAID Per Government Code Sections 6103 and 27383 RDE # 101 BRENDA DAVIS When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 5/12/1997 ' Recorded at the request of 3:38 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement, made and entered into this 2nd day of April , 1997, by and between James A. Dorrian ("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 13113 Byrd Lane and more particularly described on Exhibit A hereto. 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 natural state has substantial scenic value to the public and that 1 3\lah\re\dorr-ce.agm 111 S 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 and except for a driveway, as approved by 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\dorr-ce.agm • • 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 . against the planting of vegetation, except native species, as determined by the Town. These restrictions notwithstanding, the existing barn located with the Property may remain. 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\dorr-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 . OWNER Date: u„,,tik 4 , 1997 J ES A. DORRIAN • TOWN OF LOS ALTOS LLS / *-/ Date : Apg#4.. it , 1997 Its : Mayor ATTEST: City Clerk 4 3\lah\re\dorr-ce.agm r • • ' } STATE OF CALIFORNIA ) ) ss : COUNTY OF 9,447-A CUAn„ On March 4 , 1997, before me, the undersigned Notary Public, personally appeared JAMES A. DORRIAN, 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'aufa CabacunganE Comm.#1048440 V ;NOTARY NOTARY PUCL.IC-CALIFORNIA„A V SANTA CLARA UNTY998 � Signature < r F a" Comm.Expires CO Dco 29,1 STATE OF CALIFORNIA ) ss : COUNTY OF ca.ri4.4 C(wz A On March 4 , 1997, before me, the undersigned Notary Public, personally appeared LJM E5 4 . PDP42_004 , 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/she executed the same in his/her authorized capacity, and that by his/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 . mr. .;t he.;F Paula Cabacungang = N-40S,,;.;1-,1 Comm.#1048440 5 3\lah\re\dorr-ce.agm • Nc 4.h American Title Corr any THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF LOS ALTOS HILLS, AND IS DESCRIBED AS FOLLOWS : PARCEL ONE : LOT 2 AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 2902, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 7, 1961 IN BOOK 135 OF MAPS PAGE 7 . PARCEL TWO: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND THE INSTALLATION AND MAINTENANCE OF UTILITIES OVER A TRIANGULAR SHAPED PARCEL OF LAND LOCATED ENTIRELY WITHIN LOT 4 TRACT NO. 2511, BYRD SUBDIVISION, RECORDED IN BOOK 110 OF MAPS, PAGE 27, SANTA CLARA COUNTY RECORDS, CREATED BY DEED FROM DOUGLAS B . EARL, ET UX, TO ROBERT A. CORNEIL, ET AL, RECORDED APRIL 22, 1971 IN BOOK 9301 OF OFFICIAL RECORDS PAGE 167, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF LOT 2, TRACT NO. 2902, RECORDED IN BOOK 135 OF MAPS, PAGE 7, SANTA CLARA COUNTY RECORDS, SAID POINT BEARS N. 68° 03 ' 44" W. 104 . 00 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 2 ; THENCE FROM SAID POINT OF BEGINNING, THE FOLLOWING COURSES : (1) N. 68° 03 ' 44" W. 65 . 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOT 2 TO A POINT IN THE MOST SOUTHERLY LINE OF A CERTAIN 40 FEET WIDE EASEMENT RECORDED IN BOOK 3031 OF OFFICIAL RECORDS, PAGE 181, SANTA CLARA COUNTY RECORDS; THENCE ALONG LAST SAID SOUTHERLY LINE, (2) N. 85° 41 ' 25" E. 57 . 14 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF BYRD LAND, AS SHOWN ON THE MAP OF TRACT NO. 2511, THENCE LEAVING SAID SOUTHWESTERLY LINE, (3) S . 6° 52 ' 42" E. 38 . 84 FEET TO THE POINT OF BEGINNING. ASSESSOR' S PARCEL NUMBER: 182-10-030 Page 3 of 11 1101480 1 11 7, S 85'40'49" W ,�pC1 0-' �, • dj 21218' ti ®� �� - LLQ , (n 0 0 I 68, e, "L... •, p\tjr� ..... .„ ---p o I I \ is1in4 Pr .{. ' T2\W r / / G 2 La \. ‘ ( , ` ice` % /;' • //,// °��° ) 1 _,___Ir...1„ , \\\ • ,\ --67)61. ! \ / ii , , I; �g��. 01 I/ 31' \,. ,,,, ,� a �� o ,� Aoo / / / ,: / 012/ Ce (SNN • `44,. 5 MI 1.- , \i \\ \\l 1 I\ \ \ 1 I c)/(/1",(4`,;):4, /Q89./ /// // 6 g \-- /. // /// / >- : - Cr.ca \y4,\.c.,.,, ,///i/7 / ��L \ 1 1 ` oD CPS \\ \ \ 1 1 e\18 k/F /Z/7/ // ni5;,-) _ _ ___.„ ___....,....,, i \\\ \ , ,\ \ \ ' \\ ) \ \ I\ ;.-;oto. / ,/' "" QR Q dr , le 1 R W TO PACI(4404 O.R.474)C1RIC COMPANY \ \\,"771\ \ \ \\12 , 28:221-1,25.22' ,..."\(- ///// /1 � i N 85'42'33" E \ \ �\\5oa �''` \ +� • -----1:----/7 // ....4 so ____,_../_,-/.....-_-__ _././ 0 ! 6, • Q w m w z CO CL CO C° CO CO c c �c PLAT to Accompany STORM DRAIN & CONSERVATION EASEMENT ( o L for Lot 2, TRACT 2902 (13113 Byrd Lane), Los Altos Hills, CA 0 0 0 Exh 1bI-f- / �J STORM DRAIN AND CONSERVATION EASEMENT An easement, 50 feet wide, for storm drain and conservation purposes, situated in the Town of Los Altos Hills, County of Santa Clara, State of California, over and across a portion of Lot 2 of Tract 2902, which map was filed for record in Book 135 at Page 7, in said county; the centerline of said easement being more particularly described as follows: BEGINNING at the most easterly corner of said Lot 2, thence along the northeasterly line of said Lot 2 North 68° 03' 44" West 90.89 to the True Point of Beginning of this description. Thence leaving said northeasterly line along the following two courses and distances: South 22° 34' 24" West 51.45 feet to an angle point; thence South 3° 13' 07" West 50.08 feet, more or less, to a point in the south line of said Lot 2, and the termination of said centerline. The sidelines of said easement are parallel to and 25 feet equidistant from the foregoing described centerline, and are to be foreshortened or lengthened accordingly to meet the northeast and south sidelines, respectively of said Lot 2. � r C<, • ice; tic r� V� O