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Home My WebLink About96-03 RESOLUTION NO. 96-03 • 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 11885 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 fit day of 2003 BY: Mayor d ATET: City.Clerk 411 #666203v1 .) i)Attachment A to Resolution 96-03 DOCUMENT: 1? 09998 Pages: 8 Fees. . . . * No Fees This Document Is Recorded 0I II Taxes. . For the Benefit of theIII Cop i es. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government CodeBRENDA DAV I S RDE 14 007 Sections 6103 and 27383 SANTA CLARA COUNTY .RECORDER 12/05/2003 When Recorded,Mail to: Recorded at the request of 12: 14 PM City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT -,,TThis- reement_for_Cons rvation Fasemen(rAgreement"). .sn.ade and entered into:this dayibf , 2003, by and between WilliarriRoss Kerns and----- Elizabeth"Kaytor ,Kerns and the Town of Los Altos Hills, a municipal coiporation ("Town„) .. . .. _..� ..._ _ REC11 AliS J n: t Pv 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 AltosHillsi,commonly known as 11885 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 arid in;the best interests of the Town Owner and Town desire to limit the use of a portion of :the_Property more ...�....., .w a,.. 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 larid'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 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: #671683v2 • l 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 shwa Fbe 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: #671683v2 a. 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 environmentally sensitive areas. Any proposed accessory structures shall not require additional grading or excavation. b. Section 3 shall not prohibit: (1) the placement of stepping stones in the Conservation Easement Area; or (2) 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. IN WITNESS WHEREOF,the parties hereto do hereby execute this Agreement. OWNES: L(244l Elizab,th Kayton Kerns ' Date: Vit $ 9 2003 William Ross Kerns TOWN OF LOS ALTOS HILLS: Date: 12-- � , 2003 � Mayor #671683v2 • ) ATTEST: ( - /_,_ City Clef", #671683 v2 lb } 0) STATE OF CALIFORNIA ) ) ss: COUNTY OF SAAWA GLADE) 3tuI On 'NOV 21 , 20��2',onaslbefg�reaamez,��he undersigned Notary Public, personally appeared :\tlAgei-1 VA-rib a W 1 ktt AMpe'r ly-khfv'nno 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. ( tam."61.4 "..46*146".16. •; MK N.OESAt . 7 Commission#t 1426497 I ,1 Notary Public•California i i sa^ro Ciera County My comm.Expims Jul 4..2007 #671683v2 1 01") Exhibit A Legal Description of Conservation Easement Property and Plat Accompanying Description #671683v2 , • .l •` 4 Giuliani & Kull , Inc . Engineers • , Planners • Surveyors San Jose - Oakdale - Auburn December 3,2003 JOB NO 97103 LEGAL DESCRIPTION EXISTING CONSERVATION EASEMENT OVER PARCEL 1 LANDS OF KERNS ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HELLS,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 1 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: 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 1. END OF DESCRIPTION. t� tsc,apt Rdr3,RFra-P L7690 Exp. 2'- -o+ * 7 -6 3,o3 l� 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 City G - Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022