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Home My WebLink About13-03 • RESOLUTION NO. 13-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF WESTRA 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 Sicco and Birgitta Westra (collectively, "Owner"). 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 Owner. PASSED AND ADOPTED this fU day of MAAVIA, , 2003. By: Mayor ATTEST City Clerk RECORDING REQUEST•E Attachmente), A to-Resolution13-03 TOWN OF LOS ALTOS LS DOCUMENT: 16 6Pages: 9 7928 2 AND IS EXEMPT FROM FEE PER.GOVERNMENT CODE 11 II 111 III 'III 11111 II Fees. . . .* No Fees SECTIONS 6103 AND 27383 Taxe . . ■0016967928; Copies. . AMT PA1D WHEN RECORDED MAIL TO: Town of Los Altos Hills BRENDA DAV I S RDE # 012 26379 Fremont Road SANTA CLARA COUNTY RECORDER 4/15/2003 Los Altos Hills, CA 94022 Recorded at the request of 2:08 PM Attn: City Clerk City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION 13=03 TITLE _ _ _ .. . . .-.., . -. - .,. DOCUMENT �.:�� w! Resolution of the City Council of the Town of Los Altos Hills __Approving and Authorizing Execution of-an A eenept,Beeer-. -�. the Town of Los Altos Hills and Lands of Westra' • • • • • SEPARATE PAGE,PURSUANT TO'GOVT.CODE 27361.6 3149 ,. _- . • r, • ‘, RESOLUTION NO. 13-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF WESTRA 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 Sicco and Birgitta Westra (collectively, "Owner"). 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 Owner. 141 PASSED AND ADOPTED this Pday t"1tP '1t_v of , 2003. By: Mayor ATTEST City Clerk Attachment B to Resolutionl3-03 DOCUMENT: 1696'7 Pages: 7 Fees * No Fees Taxes. . . THIS DOCUMENT IS RECORDED00 Co i es FOR THE BENEFIT OF THE ■0016967927= p TOWN OF LOS ALTOS HILLS AMT. PAID AND IS EXEMPT FROM FEE BRENDA DAVISPER GOVERNMENT CODE RDE # 012 SECTIONS 6103 AND 27383 SANTA CLARA COUNTY RECORDER 4/15/2003 Recorded at the request of 2:08 PM WHEN RECORDED, MAIL TO: C i ty TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS,CA 94022 ATTENTION: CITY CLERK AGREEMENT FOR CONSERVATION EASEMENT This Agreement is made and entered into this 21.711day of a-ri-rlet72- 2001, by and between Sicco Westra and Birgitta Westra, husband and wife, (collectively;` "Own ers") and the Town of Los Altos Hills,"a municipal corporation, ("Town')-. RECITALS 'A.:- `:Owners are the Owners of certain real property in the Town of Los Altos Hills coma only.known'as,10574 Blandor Way. 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 Town's General Plan and in the best interest of the Town. = 5 _ -D. Owners and Town desire to limit the use of a portion of.the-propertydescribed 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 Owners. 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. Owners,- as grantors, hereby'grant: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 at'Exhibit A, 1 N:\DATA\Clients\L\LAH\Projects\Westra\ConsEase-agm:wpd • � • i attached 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. Owners, for the direct benefit of the Property described herein, hereby declare 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 Owners to construct any improvements on or within the Property except for public and private utilities and paths dedicated to the Town, provided these reserved exceptions shall be consistent with the purposes of maintaining and 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 of land otherthan 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 any plantings other than native vegetation; and • f. against the erection of structures, other than lawful fences. 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 condition of 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. 2 N:\DATA\Clients\L\LAH\Projects\Westra\ConsEase.agm.wpd • ) •) 6. Successors in Interest. This Agreement and the conservation easement shall run with the Property and shall be binding upon an inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have z, ecuted this agreement. OWNERS . Date: 2 a L , 2001 �� v: _ ' Date: II/ 2y , 2001 2 rdit_ Birgitta Westra TOWN.OF LOS ALTOS HILLS Date: G Mayor ATTEST: City Clerk 3 N:\DATA\Clients\ULAH\Projects\Westra\ConsEase.agm.wpd (VI • STATE OF CALIFORNIA ) • • ) ss: • COUNTY OF SANTA CLARA ) On P__caujIg- 2-4{ , 2001, before me, the undersigned Notary Public, personally appeared Si i t i 7p„s proved to me on the basis of satisfabtory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their 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 offic.. ,e'al. i lus*.'"4j7mulmalmrwilam6rtA COMM.#1217:7611 ' tij NOTARY PUBLIC-CALIFORNIA 8f f • SAN Immo COUNTY• =_ Signature � `` 1 My Comm.Exp.Nov.2,2004 3 luunnwiuuwmulmiuuaummuuutuuuuuatuuuiammmmimmll r / STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) On t Off-r4 , 2001 before me, the undersigned Notary Public, personally � appearedSrT�o E �-� 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 they executed the same in their 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. memmaiummemammisi WITNESS my hand and official se- I ru111,0 , L KADIEV COMM.i 1282876 ‘",,--;• NOTA PUDLIC-CAUFORPM4 .t-.A„e� SAN Mnw COUNTY Signature try Comm.Exp.Nov 2,2004 � ` niunu uu IuuuuwuumuuaIumnauumuuIu 4 N:\DATA\Clients\L\LAH\Projects\Westra\ConsEase.agm.wpd EXHIBIT "A" Legal Description of a Conservation Easement Lot 26,Tract No. 4064 Los Altos Hills, CA All that certain real property situated in Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of Lot 26, as shown on that certain Map entitled, "Tract No. 4064, Albertsworth Estates Unit No. 5",which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book 200 of Maps, at pages 34 and 35 and more particularly described as follows: Beginning at most Southerly corner of the said Lot 26, as shown on said Tract Map; Thence along the Southerly line of said Lot 26,North 77°42'10"West 102.00 feet; Thence leaving the southerly line of said Lot 26,North 22°08'35" West 65.41 feet; Thence North 63°06'23"East,132.00 feet; Thence South 65°32'22' East 35.00 feet to a point on the easterly line of said Lot 26; Thence along the Easterly line of said Lot 26, South 11°12'30"West 130.00 feet to the point of Beginning. Containing 13521 square feet of land, more or less. /fid f ..rj•• � •�''!� 0114, c 252.n vole, /*.1 i1 • • ' !` 4 / . of � s _.0„ , 41, ./ . •4,, ,/ / \-s.„ • \x4 , . v., , 4' .'cit. \-sits i i 444> I' _ . N ., c_rl, ./.• , SCALE: I'=60' a, \ N. .. \\j (. v4. n_ \ � \9 . \ . •N'CO S85°27'32'E 91.64. N2'01'00'W Ws .•-____--._ � 5.00 ' . 6 �?°28,oe 'l\` "---...9. tA, LOT 26 .. w; 1.193 ACRES io' P.U.E.-..1 r� TRACT NO. 4064 7.--' 7(4, ..p�t„otyS31p;� (200 M 35) rs� " � `` oo� QD'tet' 0. 10 Priki c / 1 i { - k - 1 l 1 r. �N s;- yj 0111/0 'C �t• N 1 (CONSERVATION) f co \P;;>-',-,•.t. C 1 V ;��. '� N•,: ( 03.521*SF) '\ IAz. _ 77t-142 �ro2 / r _ NOTES: 192.37��-J E -ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF P.U.E. -BASIS OF BEARINGS ARE TAKEN FROM TRACT NO.4064, - RECORDED IN BOOK 200,AT PAGE 35,SANTA CLARA COUNTY RECORDER'S'OFFICE POINT OF BEGINNING• CONSERVATION EASEMENT ' LEE ENGINEERS SCALE: 1' = PLAT. TO ACCOMPANY _- DATE 09-19-01 LEGAL DESCRIPTION' . - 1211 PARK AVENUE SUITE 112 EASEMENTS ON LOT 26 SAN JOSE, CA 95126 DRAWN: S.P. TRACT NO. 4064 • TEL 408-293 3833 CHECKED: M.L . LOS ALTOS HILLS, CALIFORNIA March 24, 2003 I certify under penalty of perjury that the foregoing is true. _ Date: March 24, 2003 Ci