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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 73 No.4953 ' Expires 12/31/05 4F .L� A PLOT TO A'COMPANY A FISCRIPTION 'o, d`,5- 0GN .4, \SS �3ss7j36 oap\o h3p" p ry= NN I N 5n1 00 05 1"=60' LOT 21 041 p5°/ / P.O.B. p I,. y, .0 " �J / I gi^ ? 3 / I � � iO \ N � ', OO -----'2/.....„7 _& 0p N N h etc; -J p rtu 0. O O co co cv g / 2 pp' / pp O �^)hp' LINE TABLE LINE LENGTH BEARING - Ll 10.00 N77'30'00'E LOT 19 o L2 25.00 S88'30'00'E Tract 8872 `° o o� BK. 703 PGS. 20-32 a, o 0 0 APN 336-34-19 ,$ m cr 28100 LAURA COURT )rn CURVE TABLE u CURVE LENGTH RADIUS DELTA Cl 60.48 105.00 33'00'00" 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" • N N N N C5 46.36 50.00 53'07'48" o.- o .- C6 38.14 50.00 43'42'08" � 01 �1IF; JI •N O / AO. e4/ Q /p OT 20 7 / p o0 4� IAND p:-.)et" ��5, Y BAB/c'L.\ co yz. No44 .4953 \1 * Expires 12/31/05°II i SS? „:, OpOO, J A 1-0 n 3 (3Pc•l F s 1 o0 M o 0 PARCEL B-CVE 30.00' N88'30'00"W 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