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Home My WebLink About95-03 • • RESOLUTION NO. 9 5-0 3 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Kerns) WHEREAS, William Ross Kerns and Elizabeth Kayton Kerns, husband and wife ("Owners"), own as community property that certain real property in the Town of Los Altos Hills commonly known as 11888 Francemont Drive, Los Altos Hills, California(the"Property"); 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 execute, the Conservation Easement Agreement. PASSED AND ADOPTED this-4 ay of ldbeA -2003 BY: ?� ayor AT E:T: `- • City Clerk ap #666203v1 Attachment A Conservation Easement Agreement • #666203v1 lAttachment ATaxes. .to Resolution 9-03 • DOCUMENT: 17S�9996 This Document Is RecordedFor the Copies. . Fees enet of the Town oBLos \IBINNIN Fees. . . . * fAltos Hills AMT P A 1 D And is Exempt from Fee RDE # 007 Per Government Code Sections 6103 and 27383 BRENDA DAVIS 1 2/05/2003 SANTA CLARA COUNTY 12:09 PM When Recorded,Mail to: Recorded at the requestRECORDoERf City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This eement for Conserv tion Easement ("Agreement") is made and, entered into this day of _�Ic �, 2003, by and between William-Ross.Kerns and Elizabeth Kayton Kerns and the Town of Los Altos Hills, a municipal corporation- ("Town"). - RECITALS . • A. William Ross Kerns and Elizabeth Kayton Kerns, husband and wife ("Owners"), own as community property that certain real property in the Town of Los Altos Hills commonly known as 11888 Francemont Drive, Los Altos Hills, California (the "Property"). 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 finds 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 (the "Conservation Easement Area"), by dedication of a conservation easement in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion, recognizing-that portions - of such land are essentially unimproved and if retained in its natural state has substantial scenicvalue to the public and that the preservation of such land as open space constitute_s 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: #671682v2 ._. -.. ... , IV I 4110-') 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. 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. Except as expressly provided for herein, 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 and 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, provided 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 those specifically allowed pursuant to Section 4. 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. Notwithstanding anything in this Agreement to the contrary: #671682v2 a. Sections 3a, 3b, 3c and 3f shall not restrict the maintenance of driveways. b. After November 20, 2003, further grading within the Conservation Easement Area is prohibited except for any grading determined to be necessary by the City Engineer to correct drainage deficiencies that would otherwise result in damage to approved structures or damage to environmentally sensitive areas. Any proposed accessory structures shall not require additional grading or excavation. c. Section 3 shall not prohibit: (1) the placement of standard garden benches in the Conservation Easement Area; (2) the planting of non-native vegetation in or immediately adjacent to the driveway; (3) walkways, pathways, stoops or patios within ten feet of the main house on the Property; (4) the placement of stepping stones in the Conservation Easement Area; or (5) the construction of pathways made of permeable materials (e.g. decomposed granite) in the Conservation Easement Area. All other accessory structures and improvements not specifically listed herein are prohibited. 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. 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. #671682v2 • ) 0c, - IN WITNESS WHEREOF, the parties hereto do hereby execute this Agreement. OW RS: "-(L- . Date: �____ .`- E1iz:beth Kayton Kerns r Dater ' 1( fl'q , 2003 . William Ross Kerns TOWN OF LOS ALTOS HILLS: Date: It I 4— , 2003 ayor - A, A1"11,ST: City Clerk. #671682v2 ,'} • i STATE OF CALIFORNIA ) ) ss: COUNTY OF�i iYl1TC '(�I O q 3 ND On , 292'peoreg1e, the undersigned Notary Public,personally appeared .�1 �,�J C- �lC4�yTpuf `1/41 l ifa�p rson ctlown 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 V :>1�ttg1 l N.DEMI Commission#E 1426497 Notary Pubfic-California I tY .-4W Santa Clara County My Comm.Wins Jul 4.2007 #671682v2 Exhibit A Legal Description of Conservation Easement Property and Plat Accompanying Description #671682v2 Giuliani & Kull , Inc . Engineers • Planners • Surveyors San Jose - Oakdale - Auburn December 3,2003 JOB NO 97103 LEGAL DESCRIPTION EXISTING CONSERVATION EASEMENT OVER PARCEL 2 LANDS OF KERNS ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 2 AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 757 OF MAPS AT PAGES 25 AND 26; SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT CERTAIN CONSERVATION EASEMENT DEDICATED BY THE ABOVE DESCRIBED PARCEL MAP OVER THE NORTHWESTERLY PORTION OF LOT 2 TOGETHER WITH THAT PORTION OF THAT CERTAIN CONSERVATION EASEMENT ORIGINALLY CREATED BY PARCEL MAP RECORDED IN BOOK 606 OF MAPS AT PAGE 14 AND SHOWN ON THE PARCEL MAP RECORDED AT BOOK 757 OF MAPS AT PAGES 25 AND 26 OVER LOT 2 END OF DESCRIPTION. JvL ‘ 1.10g co cP L7690 Exp. 2'3 • #0 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax(408)615-4004 • ? I declare under penalty of perjury that the foregoing is true. Date:December 5, 2003 Attest: Place: Town Hall Ci i k Town of Los Altos Hills 2ont Los Altos6379FremHills, Road CA 94022