HomeMy WebLinkAbout80-03 410' ID
RESOLUTION NO. 8 0-0 3
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Wang)
WHEREAS, Lisa Lei Wang ("Owner"), a married woman, owns as her sole and separate
property that certain real property in the Town of Los Altos Hills commonly known as 28100
Laura Court, 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, Owner has 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, Owner 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 ex-cu le,the Conservation Easement Agreement.
PASSED AND ADOPTED this day of L .i, ,ter(•.'0 2003
BY: -
Mayor ,
ATTEST:
City Clerk _-
#666203v1
1109c4ltON
• RECORDING REQUESTEEO DOCUMENT: 1454im ent A to Resooq-p3
p
TOWN OF LOS ALTOS HILLS III II-11111 Taxes.. . .FeesAE No Fees
AND IS EXEMPT FROM FEE
PER GOVERNMENT CODE Copies. .
SECTIONS 6103 AND 27383 AMT PAID
BRENDA DAVIS RDE # 102
WHEN RECORDED MAIL TO: SANTA CLARA COUNTY RECORDER 12/15/2003 •
Town of Los Altos Hills Recorded at the request of 8: 15 AM
26379 Fremont Road City
Los Altos Hills,CA 94022 •
Attn: City Clerk •
1) c,u-vvleAnk 11.— 2 RI (40
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
_ .
RESOLUTION NO. 80-03 A
- DOCUMENT TITLE
•
Resolution of the City Council of the Town of Los Altos Hills Approving
Agreement for Conservation Easement (Lands of Wang)
SEPARATE PAGE,PURSUANT TO GOVT.CODE 27361.6
6 3149
r ` •)
RESOLUTION NO. 8 0—0 3
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR CONSERVATION EASEMENT
(Lands of Wang)
WHEREAS, Lisa Lei Wang ("Owner"), a married woman, owns as her sole and separate
property that certain real property in the Town of Los Altos Hills commonly known as 28100
Laura Court, 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, Owner has 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, Owner 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 ex-cu le,the Conservation Easement Agreement.
• PASSED AND ADOPTED this 63i day o a, ,£Alpo 2003
BY: ' -
Mayor
ATTE` :
`.
City Clerk II
aS a true copy
By
#666203v1 cf t:'3` 'i LOS Altos Hills
41) �l .
Attachment A
Conservation Easement Agreement
#666203v1
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
Thus Agreement or Conservation Easement ("Agreement") is made and entered
into this ( J' day of Erb, 2003, by and between Lisa Lei Wang and the
Town of Los Altos Hills, a municipal corporation("Town").
RECITALS
A. Lisa Lei Wang ("Owner"), a married woman, owns as her sole and
separate property that certain real property in the Town of Los Altos Hills commonly
known as 28100 Laura Court, 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 fords this conservation easement to be consistent with the Town's
General Plan and in the best interests of the Town.
D. Owner 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 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 as Exhibit
#666198v1
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. 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 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.
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
#666198v1
^ . •�
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.
OWNER:
Date: �fo.44elz / 4, , 2003
Lisa Lei Wang
TOWN OF LOS ALTOS HILLS:
Date: eYL_ , 2003 / ,/
,?....
Mayor
ATTEST: 1'_ , . /.. >1
City Cl:41.
#666198v1
S Obi
STATE OF CALIFORNIA )
) ss:
COUNTY OFS A IiARA )
On /D//Lf , 2003,before me,the undersigned Notary Public,personally appeared
/se, Lci h//„ _ ,personally known to me or proved to me on the basis of satisfactory
evidence to a 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.
/ CLEMENT KING�MA�N LANA
�
41'1111 �.. Commiltion* 1395015 ['
Signature '' ; Notary Public-California
f Santo Clow County
Mlylonnn,Espi NJan21,2007
•
#666198v1
• •
Exhibit A
Legal Description of Conservation Easement Property
and Plat Accompanying Description
#666198v1
•
CONSERVATION EASEMENT
All that certain property situated in Town of Los Altos Hills,County of Santa Clara, State of California.
Beginning at 3/4"iron pipe set on the rights of way of Laura Court and being the Northeasterly corner of Lot 19 as
shown on the subdivision map of Quarry Hills,Tract No. 8872,recorded in Book 703 of Maps,at Pages 20 through
32,County of Santa Clara Records;thence along the Easterly boundary of said Lot 19 South 20 Degrees 00
Minutes 00 Seconds West a distance of 120.00 feet;thence South 33 Degrees 00 Minutes 00 Seconds West a
distance of 50.00 feet;thence South 09 Degrees 00 Minutes 00 Seconds East a distance of 85.00 feet;thence South
00 Degrees 20 Minutes 00 Seconds West a distance of 125.00 feet;thence South 21 Degrees 00 Minutes 00
Seconds West a distance of 135.00 feet;thence South 01 Degrees 30 Minutes 00 Seconds West a distance of 82.00
feet to the Southeasterly corner of Lot 19;thence along Southerly line of Lot 19 North 88 Degrees 30 Minutes 00
Seconds West a distance of 25.00 feet to the Westerly limit of the conservation easement;thence along said
Westerly limit North 01 Degrees 30 Minutes 00 Seconds East a distance of 132.00 feet;thence North 31 Degrees
55 Minutes 23 Seconds East a distance of 89.00 feet;thence North 00 Degrees 20 Minutes 00 Seconds East a
distance of 122.96 feet;thence North 09 Degrees 00 Minutes 00 Seconds West a distance of 66.22 feet;thence
North 20 Degrees 00 Minutes 00 Seconds East a distance of 223.05 feet to the rights of way of Laura Court and
beginning of non-tangent curve,its tangent bears South 44 Degrees 02 Minutes 56 Seconds East;thence along said
rights of way a distance of 38.14 feet,said curve having a radius of 50.00 feet,a delta of 43 Degrees 42 Minutes 08
Seconds to the point of beginning
Containing 0.365 acres more or less.
OD sCi
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LINE LENGTH BEARING
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LOT 19 o L2 25.00 S88'30'00'E
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cr 28100 LAURA COURT )rn
CURVE TABLE
u CURVE LENGTH RADIUS DELTA
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3 C2 38.75 30.00 74'00'00"
o m o b C3 79.55 70.00 65'06'55"
o rn o o C4 139.54 130.00 61'30'00"
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N N N N C5 46.36 50.00 53'07'48"
o.- o .- C6 38.14 50.00 43'42'08"
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WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY. SARATOGA
•
I declare under penalty of perjury that the foregoing is true.
Date:November 20, 2003 Attest: / •
Place: Town Hall Ci •rk
Town of Los Altos Hills
263.79 Fremont Road
Los Altos Hills, CA 94022