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Home My WebLink About76-03 III • RESOLUTION NO. 7 h_03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Shantz and Simon) WHEREAS, Jonathan Bryce Shantz and Mary Jo Simon, Trustees of the Jon Shantz and Jo Simon Trust dated April 21, 1999 ("Owners") own the property commonly known as 13561 Hill Way, 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 execute, the Conservation Easement Agreement. PASSED AND ADOPTED this Z"-clay o1 b.Q.4/;2003 BY: sy0— .,, - - Mayor 0 A T'ST: ., / ►, City Clerk , gip #650589v1 REdORDING REQUEST. ) IVAttachment A to Resolution 76-03 TOWN OF LOS ALTOS BILLS DOCUMENT: 17525'981 Pages: 9 AND IS EXEMPT FROM FEE PER GOVERNMENT CODE 11 I III 111111111 I II F ees. . . . * No Fees .• SECTIONS 6103 AND 27383 AMT PAID WHEN RECORDED MAIL TO: BRENDA DAVIS RDE # 002 Town of Los Altos Hills SANTA CLARA COUNTY RECORDER 12/15/2003 26379 Fremont Road Recorded at the request of 10:32 AM Los Altos Hills,CA 94022 County Agency Attn: City Clerk ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) • „ . I .'• - . . : , 3; , • - - - , RESOLUTION NO: 76-03 , . E. 0 - - 27; 2 " • " • DOCUMENTTITLE • ": .37-.; ResblUtioh Of the City Council of the Town of Los Altos Hills Approving Agreement for Conservation Easement - ) • , - • _ _ • _ . - ) . - . SEPARATE PAGE, PURSUANT TO GOVT.CODE,U361.6 0;3149 SI ` • I RESOLUTION NO. 7 6-0 3 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Shantz and Simon) WHEREAS, Jonathan Bryce Shantz and Mary Jo Simon, Trustees of the Jon Shantz and Jo Simon Trust dated April 21, 1999 ("Owners") own the property commonly known as 13561 Hill Way, 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 execute,the Conservation Easement Agreement. PASSED AND ADOPTED this ZMiay of b2�lr'2003 BY: Mayor (/ A 'ST: • /_ :Med as : 1 : COPY City Clerk 'lip By City Clerk of' e To of Los Altos Hills #650589v1 . " This Document Is Recorded For the Benefit of the 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 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement for Conservation Easement ("Agreement") is made and entered into this.io day of , 2003, by and between Jonathan Bryce Shantz and Mary Jo Simon, Trustees of the Jon Shantz and Jo Simon Trust dated April 21, 1999 ("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 13561 Hill Way, 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 fmds this conservation easement to be consistent with the Town's General Plan and in the best interests of the Town. D. Owners and Town desire to limit the use of a portion of the property more particularly described in Exhibit A 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 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 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 #650588v1 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. #650588v1 • 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: —7 12.S , 2003 �, J nathan Bryc6 Shantz, as Trustee of the Jon Shantz and Jo Simon Trust dated April 21, 1999 Date: 1 Z , 2003 Mary Jo Simon as Trustee o on Shantz and Jo Simon Trust dated April 21, 1999 TOWN OF LOS ALTOS HILLS: Dat 2003 Mayor f ATTEST: City Clerk #650588v1 • ,l �) • STATE OF CALIFORNIA ) • ) ss: COUNTY OF SAA On Vv(Ai ',�� (, 200A,before me,the undersigned Notary Public,personally appeared wiry Tn Sim 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 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. v;. SUSAN A.CHIN ;. Commission 81314:61 � a_ �� Notary Public-California �. Signature r ;;. g cr� J 'San Mateo County NV Comm.Expires AuG 18,2005 STATE OF CALIFORNIA ) ) ss: COUNTY OF SRn? l,4T J) On,001 21 , 20Q2efore me,the e undersigned NotaryPublic,personallyappeared J �H � dnall 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 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. SUSAN A.CHIN Commission 1314161 Signature • Z►,`��.�?�� Notary Public-California `Il San Mateo County riF''.., MyConV 1.ExplresAug 18,2005 #650588v1 • • } • ) 2020434 Legal Description of Conservation Easement An easement for Conservation purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying within a portion of Lots 3 of Block 40 as shown on Map No. 4 of the Town of Los Altos, filed October 8, 1908 in Book M of Maps at Page 33, Santa Clara County Records, described as follows: Beginning at a point on the Northwesterly line of said Lot 3 distant North 31°20'00"East 32.08 feet from the most Southerly corner of Hill Way and the Northerly common corner of Lots 2 and 3 as shown on said map; thence along the line of Lot 3 as shown on said Map North 31°20'00"East 98.30 feet, North 70°08'00"East 92.85 feet, South 01° 00' 00"East 61.88 feet, South 20°30'00"East 40.40 feet, South 20°36'00"West 50.93 feet and South 31°20'00"West 197.71 feet; thence North 09°19'00"West 89.21 feet; thence South 85°19'00"East 39.02 feet; thence North 04°41'00"East 70.00 feet; thence North 85°19'00"West 56.47 feet;thence North 09°19'00"West 42.08 feet to the Point of Beginning of this description. Containing 23,503 square feet, more or less. LAND *ti 0.5 No. 4588 Exp. 9- ' 06 � OP quili .411.411 Exhibit"A" . n 0l 0 25 50 100 N58'40'00"W � I 140.64' 10 ORIGINAL Z SCALE 1" - 50' 03 LOT LINE 0 h cr) Z I V-41 ki t I\ . LIJ I LOT 3 o o I oar 2p :V O 59 O i �\ Z N to Q o . d)(9o Iz A o „' /'p3 Z 1 Al i N 885'19'00"E LOT 2 cn 39.02' 522'58'00"E 10.00 N 20 N85'19'00"W I x. 56.47' o �..o.o � \ N31'20'00"E p,op 01 32.08' cIN0P.O.B. ,; MAP NO. 4 OF THE N09'19 00 W TOWN OF LOS ALTOS 42.08' BK. "M" PG. 33 (N) CONSERVATION 1 4$'144. EASEMENT Id AREA - 23,503 . o o 4�, N7- SQ. FT. +/- 00 M � M 0 • Z CI) CV Pr) o rn 0 ri '- cu o in z LA S �44 Noo5I 00 \ 0.0FESSIO p� E., N IZ1 cy C -44 Ap °G0w N (..4". • ,�4. 5r0'O,. � i r� G ti No. 31878 Cl A Cn ,, o N • z .O . rn 12-31-04 ." o o cv )1f&*4 •`po-�o. + �' a qui LEA & SUNG ENGINEERING, INC. CONSERVATIO : ' MENT A CIVIL ENGINEERS LAND SURVEYORS 13561 HILL WAY 2495 INDUSTRIAL PARKWAY WEST LOS ALTOS HILLS, CA HAYWARD. CALIFORNIA 94545 7-4088 FAX) AX (510) 887-3019 JOB NO 2020434 DATE:4-07-03 ) I declare under penalty.of perjury that the foregoin^ is true Date:December 2, 2003 Attest: : / Place: Town Hall Ci Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022