HomeMy WebLinkAbout12-01 RESOLUTION NO. 12-01
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR CONSERVATION EASEMENT
BETWEEN THE
TOWN OF LOS ALTOS HILLS AND LANDS OF CORRIGAN
WHEREAS,the City Council of the Town of Los Altos Hills has read and considered
that certain Agreement for Conservation Easement("Agreement") between the Town and
Wilfred J. Corrigan, Trustee, and Sigrun Corrigan, Trustee, of the Corrigan Family Trust
UDT June 12, 1984, (collectively, "Owner").
NOW, THEREFORE, the City Council of the Town does RESOLVE as follows:
1. Public interest and convenience require the Town of Los Altos Hills to enter
into the Agreement described above.
2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor
is hereby authorized on behalf of the Town to execute the Agreement between the Town
of Los Altos Hills and Owner.
PASSED AND ADOPTED this 15thday of March, , 2001.
ayor
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ATTEST:
ity Clerk
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DOCUMENT: 15616534 Titles: 1 / Pages: 8
This Document is Recorded
For the Benefit of the Fees. . . . No Fees
Town of Los Altos Hills III 11111111111
Taxes. . .
And is Exempt from Fee ■0015616534■ Copies. .
Per Government Code AMT PAI D
Sections 6103 and 27383
BRENDA DAVIS RDE # 001
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 4/02/2001
Recorded at the request of 10 54 AM
Town of Los Altos Hills C i ty
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement is made and entered into this 15th day of March
2001, by and between Wilfred J. Corrigan, Trustee, and Sigrun Corrigan, Trustee, of the
Corrigan Family Trust UDT June 12, 1984, (collectively, "Owner") and the Town of Los
Altos Hills, a municipal corporation, (`Town").
RECITALS
A. Owner is the owner of certain real property in the Town of Los Altos Hills
commonly known as 13445 Robleda Road and more particularly described in in Exhibit A
hereto.
B. Town has adopted a General Plan and, pursuant thereto, may accept grants
of conservation and open space 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 interest of the Town.
D. Owner and Town desire to limit the use of a portion of the property described
above 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 the Owner.
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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 B,
attached hereto (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 Civil Code Sections 815 through 816 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 chapter 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 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, 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 characteristic of the land; and
c. against the grading of land 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.
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.
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4. 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.
5. 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.
6. Successors in Interest. This Agreement and the conservation easement shall
run with the Property and shall be binding upon an inure to the benefit of the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
OWNER
/,CDate: C1517 (2w, ., 2001 '
WilfredCorrigan,. Tree�
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Date: I19-001 , 2001
.Igrun C-.rrigan, Trustee
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T -411S ALTO L
Date: March 15 2001
ayor
ATTEST: '"---
City
Clerk
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STATE OF CALIFORNIA )
) ss:
COUNTY OF 90,-4 4-Oa R1-
On ce6,rk t 7 , 2001, before me, the undersigned Notary Public, personally
appearedio I corer p ^aiiy known to—me (or proved to me on the basis of
satisfactory evidence)to be the p.erson whose name is subscribed to the within instrument
and acknowledged to me that executed the same in the authorized capacity,and that
by his 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. . K L DUBAL
Commission#1183454 Y
• � NotSanary to PublicClara—CalifornCounty la n
Signature �Y;=; pltyCamm. t Yl4,2002
44.
STATE OF CALIFORNIA )
) ss:
COUNTY OF5n- CkcAck )
On 11 C. , 2001, before me, the undersigned Notary Public, personally
appeared 5, cin Co rie�.r1, personally known to me (or proved to me on the basis of
satisfactoryidence)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
by his signature on the instrument the person,or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official sea.. ANDREA C.COFFM
Afli/ 4faN0Oimi,# _2c5A7aRN,A
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r Giuliani & Kull , Inc .
Engineers • Planners • Surveyors
San Jose - Oakdale - Auburn
February 7, 2001 JOB NO 00149
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LEGAL DESCRIPTION
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CONSERVATION EASEMENT * *
13445 ROBLEDA ROAD `y �� t,."
ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THAT PARCEL CONVEYED BY DEED FROM CATHERINE COX TO
WILFRED J. AND SIGRUN CORRIGAN ON NOVEMBER 19, 1999 UNDER RECORDER'S
SERIAL NUMBER 15064154, SANTA CLARA COUNTY RECORDER'S OFFICE,
DESCRIBED AS FOLLOWS:
A PORTION OF LOT 18, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF
THEM. &M. TAAFFE SUBDIVISION OF LOT 4 OF THE TAAFFE PARTITION IN THE
RANCHO LA PURISSIMA CONCEPCION" WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON JULY 15, 1887 IN BOOK `I' OF MAPS, PAGES 72 AND 73 AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT"A 2"BY 3" STAKE MARKED 15-A.AT.H. IN THE CENTER LINE
OF ROBLEDA AVENUE, AS SAID AVENUE IS SHOWN UPON THE MAP ABOVE
REFERRED TO; AND SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF
THAT CERTAIN 15 ACRE TRACT DESCRIBED IN THE DFF,D FROM GENEVE R.
SARGENT TO CAROLINE R. BYRD,DATED JUNE 28, 1943, RECORDED JUNE 30, 1943
IN BOOK 1148 OFFICIAL RECORDS PAGE 287, SANTA CLARA COUNTY RECORDS;
THENCE LEAVING THE CENTER LINE OF SAID ROBLEDA AVENUE AND RUNNING
ALONG THE SOUTHERLY LINE OF SAID 15 ACRE TRACT,NORTH 78° 10 WEST 30.09
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 87° 10'WEST 62.80
FEET;
EXHIBIT A
1 of 2
4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004
THENCE LEAVING SAID SOUTHERLY LINE NORTH 38° 40' 30" EAST 38.33 FEET;
THENCE NORTH 5° 42' 30" EAST 98.00 FEET;
THENCE NORTH 10° 28' 00" EAST 133.00 FEET;
THENCE NORTH 22° 42' 00" EAST 51.41 FEET TO A POINT IN THE NORTHERLY LINE
OF THE ABOVE DESCRIBED LANDS OF CORRIGAN;
THENCE ALONG SAID NORTHERLY LINE SOUTH 87° 10'EAST 23.64 FEET TO A
POINT LYING 30 FEET WESTERLY OF.THE CENTERLINE OF ROBLEDA AVENUE AS
SHOWN ON THE MAP OF THE M. &M. TAAFFE SUBDIVISION DESCRIBED ABOVE;
THENCE PARALLEL WITH AND 30 FEET WESTERLY OF SAID CENTERLINE SOUTH
7° 09'WEST 310.00 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS
DESCRIPTION.
END OF DESCRIPTION.
2 of 2
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\ .--- ____________LIOBLEDA ROADa
COMMENCEMENT POINT OF (FORMERLY ROBLEDA` A c9
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EXHIBIT B 1 OF 1
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* DATE: of/io/ m 13:34 LEGAL DESCRIPTION
Engineers • Planners• Surveyors DRAWN: E.T.
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. CONSERVATION
(408) 615-4000 Fox (408) 615-4004 FILE: 00149PLAT EASEMENT
Auburn • San Jose • Oakdale E:\2000\00149\ LOS ALTOS HILLS, CAUFORNIA
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