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Home My WebLink About29-01 RESOLUTION NO. 29-01 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 ASKARINAM 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 Lands of Askarinam. 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 toexecute the Agreement between the Town. of Los Altos Hills and Lands of Askarinam. PASSED AND ADOPTED this 17th day of May , 2001. /, / Mayor ATTEST: City Clerk N:SDATA1CIientslLlLAH\Projects\Askarinam1ConEas.rutwpd r , • DOCUMENT: 15704330 Titles: 1 / Pages: 8 This Document is Recorded Fees. . . . No Fees For the Benefit of the Taxes. . . Town of Los Altos Hills ■9015704330■ Copies. . And is Exempt from Fee AMT PAID Per Government Code Sections 6103 and 27383 BRENDA DAV I S RDE # 009 SANTA CLARA COUNTY RECORDER 6/01/2001 When Recorded, Mail to: Recorded at the request of 11 :31 AM City Town.of Los Altos Hills • 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk • AGREEMENT FOR CONSERVATION EASEMENT This Agreement is made and entered into this 17th day of May 2001, by and between Faramarz M. Yazdani and Afsaneh M.Yazdani,husband and wife, as to undivided 50 percent interest, and Behrooz Askarinam and Fariba Askarinam, husband and wife,as to undivided 50 percent interest(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 27830 Elena Road. 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 aortion of the propertydescribed P 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. • 1 N:\DATA\Clients\L\LAH\Projects\Askarinam\ConservEas.agm.wpd I 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 A, 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 81.5 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 an approved septic system], [other??] 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 otherthan 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.an plantings other than native vegetation; and Yp 9 g f. against the erection of structures, other than lawful open fencing to allow for the movement of wildlife. 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. 2 N:\DATA\Clients\L\LAH\Projects\Askarinam\ConservEas.agm:wpd e Ai (• 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" Date: 3/2. 2 , 2001 •-��- azdani '._.__: A _ e M. Ya d-'- Date: . o-2 , 2001 �.- Behrooz A:y arina Date: 20 0 , 2001ra, Fariba Askarinam c di' OF LOS A " •S HILLS ' ///. --------- Date: May 17. , 2001 / Mayor i W ATTEST: ----. City Clerk 3 N:\DATA\Clients\L\LAH\Project&Askarinam\ConservEas.agm.wpd STATE OF CALIFORNIA ) ss: COUNTY 05€2,-c14LG , IAei-�/ On cG7 . 2 , 2001, before , the undersigned Notary Public, personally appearedWA5rg • 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 by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. uiwwuumwumwruwawwauuuhI wmi 'u muomum WITNESS my hand and offi ' al. _ ,� {°p COMM #1282876 >;ti : NOTARY PUBLIC-CALIFORNIA • .;rrf r SAN MATEO COUNTY "i i,_� My Comm.Ems.Nov 2.2004 Signature �,/ un mnmuemmnnlumummuwulmmmmummmaamnn / STATE OF CALIFORNIA ) �� ss: COUNTY OF S °�2k� G, te4jT—��) On 2001, before me, _the undersigned Notary Public, personally appeared ' Wr! 44' ', ` proved to me on the basis of satisfactory evidence)to be the9erson whose name is subscribed to the within instrument and nowledged to me that they the same in their authorized capacity,and that bylussignature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. �-- �uumwwwwmwntmwwuwwuamruumauu��uaunmuw� WITNESS my hand a : • icial se- Kqp art `•'"��`',�: COMM '� �� r� :• { = .#1282876 . NOTAPUBLIC FORNtA27 m�m,mMmfl:x,m Mmc „m>u a , mr, 4 N:\DATA\Clients\L\LAH\ProjectsAskarinam\ConservEas.agm.wpd (110 STATE OF CALIFORNIA ) � ss: COUNTY O 79Ge k� 4. , 1443 On. ��. , 2001, before me, the undersigned Notary Public, personally appeared se 4 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 thg.y 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 offs jIirruuuuuuwuwnuuuuwulnmamuut wuuwwwwnnnnnul® L KADIEV .Q COMM.#A 12.82876 NOTARY PUBLIC-CAIJFORNIA . A! SAN MATEOCOUNIY My Comm.Exp.Nov 2.2004 Signature /,� /` mtnnli Ixnnnumn±nuumunmuwunnwwnmumrmmminnl l • STATE OF CALIFORNIA ) COUNTY OF ca4 (:Y w) ss: On It'd �' 2-tcI, 2001, before me, the undersigned Notary Public, personally appeared k {.o 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 ttte.kexecuted the same in tberr authorized capacity,and that byi signature on the instrument the person, or the entityupon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �uuu►unnunnmlarnnm►mnmlllllllllmm�nnuuuunnwnnnmwr■ BABULK.SHETH v� r •! COMM.#1188397.. Signature ^� -> NOTARY PUBLIC-CALIFORNIA M �� `��''j'f.� 8AN MATEO COUNTY 5 N:\DATA\Clients\ULAH\Projects\Askarinam\ConservEas.agm.wpd o �I • RECEIVED FEB 0 9 2001 TOWN OF LOS ALTOS HILLS 99133 Legal Description—Conservation Easement An easement for conservation purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within that land described by deed from Douglas Grimes to Faramarz M. Yazdani et al recorded April 13, 1999 as Document No. 14749246, Santa Clara County Records, described as follows: Beginning at the most Southerly corner of said parcel; thence along the Southwesterly line of said parcel and the Northeasterly line of Elena Road the following five courses: North 43° 56' 02" West, 9.82 feet; North 9° 20' 57" West, 100.00 feet; North 35° 23' 57"West, 77.76 feet; North 59° 30' 52"West, 198.23 feet; and North 82° 33' 28" West, 162.08 feet; thence leaving the aforesaid line North 82° 06' 32" East, 77.44 feet; thence South 82° 06' 47" East, 140.91 feet; thence South 79° 22' 03" East, 138.02 feet; thence South 51° 21' 26" East, 132.01 feet; thence South 14° 55' 30"West, 83.68 feet; thence South 32° 04' 20" East, 67.16 feet to a point on the Southeasterly line of said lot, said point being distant North 62° 25' 02" East, 68.00 feet from the most Westerly corner of Parcel 2 as shown on that certain parcel map recorded in Book 486 of Maps at Page 37, Santa Clara County Records; thence along said Southeasterly line, South 62° 25' 02" East, 78:42 feet to the point of Beginning. 4r) LAND ri -5 4588 �F CRN-\. LINE TABLE LOT 3 TRACT NO. GM v.4 ,t LINE LENGTH BEARING e`. LOT 2 _ L40 78,42 S62'25'021\4LARDS OF F DC SDLVA L41 9.82 N43'56'02'4/ ��` TRACT AC T NO° o o0 L42 100.00 N09•20'57'W (70..o.,?;, 6gg1 L43 77,76 N35'23'57'W O LANDS L45 77.44 N82'06'32'E OF FU L46 140.91 S82.06'47'E / _ `NNA L47 138.02 S79'22'031E L50 83.68 S14.55'30'_W ' L51 67.16 S32'04'20'E / ,1)�'1y' �440N____ 744 ,* S ‘ :ftiw N o LOT 9 � ,•<1 I Co�� TRACT MO. 23M \`�` .i r co I J \ LAND OO TMG3L,C17 '1' '" LOOSE6 q) TRACT NO. 6�g9 O,' LANDDs OF 449/A. ‘ LOT 2 SM'/n ANoCR ,Q//;,, TRACT NO. ��/ei i^ 2376 'z I--ILANDS W ‘OF S IARMA / t b oi. 41 Ah2 P(V /,rye \ 1, 1 / (qro Z-- L1-0 —14'1 OINT OF �v DOCUMENT NO. BEGINNING ` 14749246 56/2'25'02"W 68.00 \ PARCEL 2 .\ i 406 P.M. 37 AND 38 4RCEL 2 I \.` P.M.,' PA 466 P° 35 2r !,--) 3 --i /\.` C�G3O�niCS 0 5010 /200 \ ' PARCEL 9 465PA. X36 111M•111 . LANDS OOIF RAMOO SCALE. 1" - 100' PARCEL 3 486 P.M. 377 AND 38 g&LEA & SUNG ENGINEERING, INC. CONSERVATION EASEMENT CIVIL ENGINEERS • LAND SURVEYORS 27830 ELENA ROAD 2495 INDUSTRIAL PARKWAY WEST LOS ALTOS HILLS, CALIFORNIA HAYWARD, CAUFORNIA 94545 SANTA CLARA COUNTY (510) 887-4086 FAX (510) 887-3019 APN:182-03-021 JANUARY 12, 2001 JOB# 99133 L \ II ^ I T )) ^ ))