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Home My WebLink About49-03 • RESOLUTION NO. 49-03 _ RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Corrigan) WHEREAS, Wilfred J. Corrigan and Sigrun Corrigan as Trustees of the Corrigan Family Trust (collectively "Owners") own the property commonly known as 13441 Robleda Road, Los Altos Hills, California; and WHEREAS, the 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; WHEREAS, the Owners have offered to enter into an agreement for conservation easement ("Conservation Easement Agreement") to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion; WHEREAS, the Owners and the Town recognize 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; and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to approve the Conservation Easement Agreement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Conservation Easement Agreement attached to this Resolution as Attachment A. • Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Conservation Easement Agreement. PASSED AND ADOPTED this 17 day of , 2003 BY: ` ayor ATT S : City Clerk g 630516v1 11--)Attachment A to ResolpOon49-03 W pages 8 • This Document Is he Recorded Dialilit'12101115101 For the Benefit of t Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Govemment Code RDE # 002/024 Sections 6103 and 27383 • BRENDA DAVIS 8/19/2003 SANTA920 AM When Recorded,Mail to: County Agency Recorded aANT at Ct0hUerYedRuEeCaOtRDE0iR Town of Los Altos Hills FTc eao expsei se..s. No Fees 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement fsr Conservation Easement ("Agreement") is Made and-entered-into this I 7*/ ay of , 2003, by and between Wilfred J. Corn—gall and,.,. „ Sigrtui Corrigan as T4Sof th Corrigan Family Trust (collectively"Owner") and the Town of Los Altos Hi , a municipal corporation("Town"). RECITALS _ A ,Owner is the owner of certain real property in the Town of Los Altos Hills commonly lsnown as 13441 Robleda Road and more particularly described in Exhibit A attached hereto.. 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 interests of the Town. -• • • _ . _ - ; o -i• • _ D. Owner and Town desire to limit the use of a portion of the iiropertY more " particularly described in Exhibit B attached hereto,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 • 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 as Exhibit A (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 Chapter 4 commencing with Section 815 of Part 2, Division 2, Title 2 of the Civil Code, 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 chapters 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,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 and paths dedicated to the Town and/or an approved septic system, provide 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 characteristics of the land; and c. against the grading of land for reasons other than attendant to permitted uses; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination e] oration of diseasedgrowth, and similar measures;, and e. against any plantings other than native vegetation; and f. against the erection of structures other than lawful fences. 4. Exceptions. The City Council of the Town may authorize exceptions to the foregoing restrictive_covenants,provided such exceptions are consistent_withthe purposes of law and not incompatible with maintaining and preserving the natural character of the land. 5. 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. 6. 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. 7. Successors in Interest. This Agreement and the conservation easement shall run with the property and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF,the parties hereto do hereby execute this agreement. THE CORRP FAMIL RUST Date: f� a , 2003 - Wilfre. J. o gan, Trustee / 1 Date: ' , 2003 Co gan, Trustee TOWN OF LOS ALTOS HILLS: Date• i i , 2003 Mayor / ATTEST: - , City Clerk 1p W .l 410-I STATE OF CALIFORNIA ) ) ss: COUNTY OF sca,rta-cI ) 1(1 acs-123 On m So , e,before me, the undersigned Notary Public,personally appeared 1 ,c,ri •persanally-knew=_*n 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 they executed the same in their authorized capacity, and that the 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 \ _ �+ Commission•#1358818 Notary Public-CaliforniakorrA.)� Santa Clara County •" My Comm.Expires May 31,2006 STATE OF CALIFORNIA ) ) ss: COUNTY OF Soni-e-Lc_.‘q.24)•. On.m " 30, , 2002,before me,the undersigned Notary Public,personally appeared Sip-LeY1UC 11 p se ly-Ialewir-to me or proved to me on the basis of satisfactory d'idence to be di e person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the 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 � K L•:D1#1 _ Commission 4- tem. Notary Public-California `L `W.111n Santa Clara•County • My Comm.Expires May 31,2006 + o •... • \) • Exhibit A Legal Description of 13441 Robleda Road APN 175-36-036 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 6208,RECORDED IN BOOK 435, PAGES 3 AND 4, AS FOLLOWS: LOT 6. •) r Giuliani & Kull , Inc . Engineers • • Planners • Surveyors San Jose - Oakdale - Auburn April 10, 2003 JOB No LAND SVR` / it RO . 4 LEGAL DESCRIPTION yJ 9 fp 1.7690 1.7690 CONSERVATION EASEMENT 13441 ROBLEDA ROAD * Ezp.1a �i 6 9�OFCALg frlb- 3 ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HIL , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTIONS OF LOT 6 AS SAID LOT IS SHOWN ON THE MAP OF TRACT 6208 AS SAID MAP IS RECORDED IN BOOK 435 OF MAPS AT PAGES 3 AND 4, SANTA CLARA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT 1 BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6, THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 87° 11'40" WEST 23.65 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 18° 39'47" EAST 47.96 FEET; THENCE NORTH 8° 30'42" WEST 98.24 FEET TO A POINT IN THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT FOR INGRESS AND EGRESS OVER LOT 6 AS SHOWN ON SAID MAP OF TRACT 6208 AND RECORDED IN BOOK E210 OF OFFICIAL RECORDS AT PAGE 445, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 49° 28' 14"EAST 19.00 FEET TO A POINT IN THE EASTERLY LINE OF LOT 6; THENCE ALONG SAID EASTERLY LINE SOUTH 7° 49'41" EAST 107.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 7° 08' 15" WEST 50.20 FEET TO THE POINT OF BEGINNING CONTAINING 2,483 SQUARE FEET, MORE OR LESS. EASEMENT 2 BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREINABOVE DESCRIBED LOT 6, THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 87° 11'40" WEST 16.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 12° 29'22"EAST 58.14 FEET; PAGE 1 OF 2 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax(408)615-4004 . �1 THENCE SOUTH 17° 48' 37" WEST 44.80 FEET; THENCE SOUTH 1° 26' 08" EAST 10.31 FEET; THENCE SOUTH 31° 56'42" WEST 29.89 FEET; THENCE SOUTH 6° 35' 09"EAST 31.34 FEET TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN EASEMENT FOR INGRESS AND EGRESS OVER LOT 6 AS SHOWN ON SAID MAP OF TRACT 6208 AND RECORDED IN BOOK E210 OF OFFICIAL RECORDS AT PAGE 445, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE NORTH 49° 28' 14" EAST 61.00 FEET TO A POINT IN THE EASTERLY LINE OF LOT 6; THENCE ALONG SAID EASTERLY LINE NORTH 7° 49' 41" WEST 126.98 FEET TO THE POINT OF BEGINNING CONTAINING 3600 SQUARE FEET,MORE OR LESS. END OF DESCRIPTION. PAGE 2 OF 2 0 SCALE: 1."=80' NO3'41'41"E 223.06' S16•0521„iv 10684, In ai o ` LANDS OP CORR 1 GAN tr) ) 13441 ROBLEDA ROAD APN 175-38-036 ' wi I LOT 6 in ( TRACT 6208 \ (BOOK 435 PP 3-4) 0 r (E) INGRESS/EGRESS ` ,d- V EASEMENT (E210 OR 445) 2F. op M a3 V- Z \ \\ In N O d' W h 2 \ �i \ It' k zW .'� Z 4' -Cis2 , fid\ 'Fr?, N p .to N a,1— \N� .I\ co N 00 §ct rn Tr•. cp :n .� 1� N ow ow n� \' \\\c, F.4 0 v) Z�O O .:*lci'---, \ I ) PA:' i '- rnrn ' — _ W co •'• \�1 �o 0',., POINT OF BEGINNING N Z 98.24 W" o- \gip' 126 8� / EASEMENT #2 l NOS'3� ZO 281.79 0 50.2 .� 507'49'41"E oAD — �� SEvuiv sap S07'0815 W R ��'S( RO _ _ FtOBLE�A� J �., — — - L7690 cp CONSERVATION EASEMENT #1 1 Exp.P r___ 2483± S.F. r i i , , OF CM [1/0-3 r ` Giuliani & Hull TIIC. SCALE: 1"=80' PLAT TO ACCOMPANY 4 DATE: 4/11/03 12:37 LEGAL DESCRIPTION Engineers • Planners • Surveyors DRAWN: E.T. CONSERVATION EASEMENT 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. 13441 ROBLEDA ROAD (408) 615-4000 Fax (408) 615-4004 FILE: consesmtplat Auburn • San Jose • Oakdale E:\2000\00149\ LOS ALTOS HILLS, CALIFORNIA JOB ## 00149