HomeMy WebLinkAbout64-03 •
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RESOLUTION NO. 6 4-0 3
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Weale)
WHEREAS, Sylvia K. Plevritis Weale and Howard C. Weale, wife and husband as joint
tenants ("Owners") own the property commonly known as 27181 Sherlock Road, Los Altos Hills,
California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept
grants of conservation 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 Owners; 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:
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; and
the Mayor is hereby authorized and directed to exec e,the Conservation Easement Agreement.
PASSED AND ADOPTED this jyo ��i)j�'.�!i 003
BY:
ayor
AT ET:
City Clerk
#647398v1
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Attachment A
Conservation Easement Agreement
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#647398v1
Attachment A to Resolution 64-03
N i
Q
DOCUMENT: 17564632 Pages 11
This Document Is Recorded
For the Benefit of the Fees, . . : * No Fees
Town of Los Altos Hills Taxes
And is Exempt from Fee Copies.
Per Government Code AMT PA I D
Sections 6103 and 27383
BRENDA DAVIS RDE # 006
When Recorded,Mail to: SANTA CLARA COUNTY RECORDER 1/08/2004
Town of Los Altos Hills , Recorded at the request of 1 1 04 AM
26379 Fremont Road City
Los Altos Hills, CA 94022 .
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement for Conservation Easement ("Agreement") is'-made and entered ~
into thisda/�� y of -17u.� 2003, by and between Sylvia K. Pleuritis` �
Weale and Howard C. Weale (Owners") and the Town of Los Altos Hills,a'municipal
corporation("Town").
RECITALS -
A. Owners own that certain real property in the Town of Los Altos Hills;.;
commonly known as 27181 Sherlock Road, Los Altos Hills, California.
B.; Town has adopted a General Plan and, pursuant thereto,may accept grants
of conservation easements on privately..owned lands lying within the Town.
C. Town findsthis conservation easement to be consistent with the Town's
General Plan and in the best interests of the Town.
D Ownersand Town desire to limit the use of a portion of the`property mope. „.
particularly-=described m Exhibit A attached hereto, by dedication of-.a'conservation
easement in order to reduce potential adverse impacts on such land i cluding'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,, r < >
aesthetic and economic asset to the Town and to 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
o
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 as Exhibit
#647397v1
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.
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
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 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.
4. Exceptions. 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.
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.
#647397v1
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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.
OWNERS:
Date: 074- /t , 2003 (- (���
-Sfrvia K. Plevritis Weale
Date: Q4 ,2003 ;
o and C Weale
TOWN OF LOS ALTOS HILLS:
Da.-: r Jif !' • , 2003
ayor
ATTEST: /, /,,_
C Clerk gp
#647397v1
.`I SI
STATE OF CALIFORNIA )
) ss:
COUNTY OF$AMTS CC.> 1
On it IP)*,2002, before me,the undersigned Notary Public, personally appeared
{{OWpeo WEoce , 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 an. 'facial seal.
"'"=+.:, ALBERT SIU TOUNG
. . rte��j''. COMM.#1347264
; ii% ,- NOTARY PUBLIC-CALIFORNIA
Signature — � SANTA CLARA COUNTY
_ NN comm.Expires Apr.10,2006
STATE OF CALIFORNIA )
) ss:
COUNTY OF 5AM!p Ct.AQA)
OnY,'t2002before me,the undersigned Notary Public,personally appeared
S�1LviA K PLEUe►ro 2+ a ly know 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 an. offi. al seal.
w w w w w w •
";�., ALBERT SIU TOUNG
�— =_r COMM.#1347264
Signature == " �1,8 NOTARY PUBLIC CALIFORNIA .. j
SANTA CLARA COUNTY
c My Comm.Expires Apr.10,2006
#647397v1
,l •
Exhibit A
Legal Description of Conservation Easement Property
and Plat Accompanying Description
•
#647397v1
•` 111,
LEGAL DESCRIPTION
CONSERVATION EASEMENT
ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
A PORTION OF THAT PARCEL OF LAND DESCRIBED AS "PARCEL ONE" IN THE DEED
TO SYLVIA K. PLEVRITIS WEALE AND HOWARD C. WEALE RECORDED JUNE 28, 2001
AS DOCUMENT #15746427 IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF THE ABOVE MENTIONED PARCEL
(#15746427) ; THENCE FROM SAID POINT OF COMMENCEMENT, ALONG THE EXTERIOR
BOUNDARY OF SAID PARCEL, NORTH 47°38'34" WEST, A DISTANCE OF 156.68 FEET
TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, NORTH
47°38'34"WEST, A DISTANCE OF 216.75 FEET; THENCE NORTH 78°50'18" WEST,
A DISTANCE OF 84.02 FEET; THENCE SOUTH 14°34'26" WEST, A DISTANCE OF
77.61 FEET; THENCE LEAVING SAID EXTERIOR BOUNDARY, SOUTH 81°41'16"
EAST, A DISTANCE OF 34.25 FEET; THENCE SOUTH 60°04'21" EAST, A
DISTANCE OF 23.93 FEET; THENCE SOUTH 42°24'31" EAST, A DISTANCE OF
19.38 FEET; THENCE NORTH 87°24'03" EAST, A DISTANCE OF 48.19 FEET;
THENCE SOUTH 73°38'01" EAST, A DISTANCE OF 86.84 FEET; THENCE SOUTH
27°22'14" EAST, A DISTANCE OF 40.34 FEET; THENCE SOUTH 02°56'33" WEST,
A DISTANCE OF 61.09 FEET; THENCE SOUTH 31°22'00" EAST, A DISTANCE OF
7.10 FEET; THENCE NORTH 77°21'42" EAST, A DISTANCE OF 28.40 FEET;
THENCE NORTH 14°23'03" EAST, A DISTANCE OF 65.02 FEET TO THE POINT OF
BEGINNING.
CONTAINING 17176 SQ. FT., MORE OR LESS.
THIS DESCRIPTION PREPARED BY ME 5/12/03: /-1,uVD S
WILLIAM G. LAIRD, LS 4583 74/.,•k> C
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PLAT MAP
FaidiAM l '\ /rl%) 5/ 11 G
1834 Brentwood Road Oakland, California 94602
Phone and Fax (510) 482-3151 blairddpacbellnet
DATE : 6/13/2003 PROJECT :
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0 RECORDING REQUEST.E• •
•1
TOWN OF LOS ALTOS HILLS
AND IS EXEMPT FROM FEE •
PER GOVERNMENT CODE
•
SECTIONS 6103 AND 27383
WHEN RECORDED MAIL TO:
Town of Los Altos Hills
26379
Fremont Road
Los Altos Hills,CA 94022
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
RESOLUTION NO. 64-0• 3
DOCUMENT TITLE -
Resolution of the City Council of the Town of Los Altos Hills Approving
Agreement for Conservation Easement
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SEPARATE PAGE, PURSUANT TO GOVT.CODE 27361.6
3149
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RESOLUTION NO. 6 4-0 3
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Weale)
WHEREAS, Sylvia K. Plevritis Weale and Howard C. Weale;wife and husband as joint
tenants ("Owners") own the property commonly known as 27181 Sherlock Road, Los Altos Hills,
California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept
grants of conservation 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 Owners; 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:
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; and
the Mayor is hereby authorized and directed to exec e, the Conservation Easement Agreement.
PASSED AND ADOPTED this y o i)r..�ti 003
BY:
Nrayor r�
A T:
Certified as a true copy
City Clerk
By ��
City Clerk' the Town of Lag Altos Hills
#647398v1
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Attachment A
Conservation Easement Agreement
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#647398v1
I declare under penalty of perjury that the foregoin: is true.
Date:September 4, 2003 Attest:
Place: Town Hall Ci k
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022