HomeMy WebLinkAbout32-01 • • •
RESOLUTION NO. 32-01
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN THE
TOWN OF LOS ALTOS HILLS AND LANDS OF COTTRELL
•
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
Carl J. Cottrell and Marlene Joy Cottrell, Trustees under the Carl J. Cottrell and Marlene
Joy Cottrell Trust, dated July 1, 1983 (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 17th day of ria. , 2001.
B'
/Mayor — w
ATTEST:
City Clerk
DOCUMENT RECEIVED DAMAGED
N:\DATA\Clients\L\LAH\Projects\Cottrell\AuthCon.rut.wpd
•
DOCUMENT: 15704333 Titles: 1 / Pages: 7
This Document is Recorded _ III II I II II Fees. . . .* No Fees
For the Benefit of the Taxes. . .
Town of Los Altos Hills 10015704333x Copies. .
And is Exempt from Fee AMT PAI D
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 r
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement is made and entered into this 17th... :qday of . may
2001, by and between Carl J. Cottrell and Marlene Joy Cottrell, Trustees under the Carl
J. Cottrell and Marlene Joy Cottrell Trust,dated July 1, 1983 (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 13480 North Fork Lane.
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
C. 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
LLI
above by dedication of a conservation easement in order to reduce potential adverse
tet- impacts on such land including grading,vegetation removal,and erosion, recognizing that
1-14
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
cp an important physical, social, aesthetic and economic asset to the Town and the 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 N:IDATA\Clients\LU.AH\Projects\Cottrell\Conserv.eas.wpd
f410 r•
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 Exhibits A
and 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 Agreementand 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
a vineyard within the easement, 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 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 exceptionsare consistent with the purposes of law and not
incompatible with maintaining and preserving the natural character of the land.
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.
DOCUMENT RECEIVED DAMAGED
2 N:\DATA\Clients\L\LAH\Projects\Cottrell\Conserv.eas.wpd
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 thebenefit of the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
OWNE
.
Date: 325/ ,2001 �_
Carl J. Co 'ell, Trustee
Date: 6/a , 2001 !� �„-
M.;rlene Joy • if-II, Trustees
4
O� a F LOS A • : HILLS
Date: May 17 , 2001
Mayor
ATTEST:
City Clerk
DOCUMENT RECEIVED DAMAGED
3 N:\DATA\Clients\L\LAH\Projects\Cottrell\Conserv.eas.wpd
�� I' .
STATE OF CALIFORNIA )
)
ss:
COUNTY OF R 1 tutsde )
On Ma OA Qui , 2001, before me, the undersigned Notary Public, personally
appeared Con-I Cogred( (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 that4he)°executed the same inter authorized capacity,and that
by his signature on the instrument the person,orthe entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. ;+
j"---- 1:.:2'1;.-, ROBERT L SORRENiINO
�� •-Commission#1194750 CIIZ
"` t Public-California z
Signature Z `'` tr'iversideCounty
. s.' ..,,,,_n• _,
STATE OF CALIFORNIA )
. ) ss:
COUNTY OF Pi Ve+r544. )
On M c L. , 2001, before me, the undersigned Notary Public, personally
appeared Morin e Nireif proved to me on the basis of
satisfactory evidence)to be theperson whose name is subscribed to the within instrument
and acknowledged to me that�xecuted the same intIliWauthorized capacity,and that
by.4signature on the instrument the person,orthe entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. ..
.$c,4 Nofaw public-California
Signature yw>., x�cannersidecounty
•
DOCUMENT RECEIVED DAMAGED
4 N:\DATA\Clients\ULAH\Projects\Cottrell\Conserv.eas.wpd
•
(•TRIT A
r Giuliani & Kull , Inc .
Engineers • Planners • Surveyors
San Jose - Oakdale - Auburn
November 7, 2000 JOB NO `•
`45v,LAND sail,
ROaF9%�
LEGAL DESCRIPTION
CONSERVATION EASEMENT L7690
OVER LANDS OF COTTRELL * Exp. %a •'�I-
13480 NORTH FORK LANE
0.41.
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:
PORTIONS OF THAT CERTAIN 9.8 ACRE PARCEL OF LAND SHOWN ON THE RECORD
OF SURVEY WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 37 OF MAPS AT
PAGE 23; SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID 9.8 ACRE PARCEL OF
LAND, THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF SOUTH 85° 40'
00"WEST 210.39 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 23° 06' 13"
WEST 207.00 FEET; THENCE NORTH 86° 00'48"EAST 230.04 FEET TO A POINT IN THE
EASTERLY LINE OF SAID 9.8 ACRE PARCEL; THENCE ALONG SAID EASTERLY LINE
NORTH 17° 55'00"EAST 200.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID 9.8 ACRE PARCEL OF
LAND,THENCE THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF
SOUTH 85° 40'00"WEST 210.39 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHERLY LINE SOUTH 85° 40'00"WEST 261.44 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 49° 44' 17"WEST 170.42 FEET;
THENCE SOUTH 39° 58'38"EAST 76.89 FEET; THENCE SOUTH 4° 26'30"EAST 165.00
FEET; THENCE NORTH 85° 33'30"EAST 50.00 FEET;THENCE NORTH.50° 29'50"EAST
249.48 FEET; THENCE NORTH 86° 00'48"EAST 5.00 FEET; THENCE NORTH 23° 06' 13"
EAST 207.00 FEET TO THE POINT OF BEGINNING.
END.OF DESCRIPTION.
DOCUMENT RECEIVED DAMAGED
4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004
CO •
SEpLAND st
O Jv`s J PN ROgF;Fjo "EXHIBIT B
9 2
V' Z / y L7690 N
J * Exp• /?'�I '
cc
A9 b441€a
I- ,� F,F . Lpo'
I
---9,) N
W J
\ W
i *
OJT �P�� r i�
g
//SCALE: 1"=100'
i
i*--
/
i
/ Q
•
i /
/ /
.6%4
r W l .W _50426 30 E '59 '2) `�a
2i :'.: ")jlb 165.00 ���
W I M O \,
�W I h u")
•37.•\--.
wcnl • m
2 \ \
9 ; • \ ti
:. . `:::`. \o PARCEL 2
•
• .+,Al •
\V3 tl4
:::444;"-?P' r
\ •
4 =VI
� \ :: 1 \ N z
5 x ', �; r \ .1'. N86 00'48 E 2
'� T.; 5.00' m
' ) ` 41
i T , I•
. O N
S. O
4,‘.. .... �,. :;•
I I 20>'Jiy o e
G • I oo\ a a.
"" a � e+i ...:4-I. O�p 3
� I r !,%,!u x,34 ▪ a I z • p.M pp ,�
•
r sz w ?n.r.�▪ h - r 2 1 h Q
4,ate Wt .3 F I PARCEL 1 y
a
r car , ��
a
! Z ., L at ice'-• ,� ,� - ' '-
e �'S S '"- ? '' ''� s i:,&• LUL.1
Cr
-"` ':, v t _. i�° �1, �' ."v_ fik cs.�. r ^�-, rl!1� �,:e.,,''N',,u -
X['t 4,'. ih-,•67;.‹,-„,,:,-,-.---
>v�'s�• �$,'tu14 mow fix * • 4F,'amt;5"•, I,T -„i.! liA } �.{' +krit ' :.� _ ..�; _
•
r$ ',Z Sires, r ; 1'.I i�"i ��`x�nfc:�stto .aea "tic Ek / L�
"' h• a▪ p` %.,,,,z;‘,1w` ... . F4. ,A.-,0F-COMMEING PARCEG� 1
le `S to .c,rV,,.t .r s t. O
2• j -0,'-'',-'-:--"..'''''w¢ N anti hS�3P0j 0C-,0FAREEL 2
I.
tl 1 C f S� i� �',.,� r y '� p ':!:)....47,- 1.0Z,` `"f.,,i',.,:•.:,...,...:''itt-i _a#.yvr4�-'
ax-...p rAp qt,i iffich` a,r J ��Y,.l •�'e4,.+ t - " nc�, 'z�"" N,' '�, a�j 3 '�sr5„�,e
* z 3 < F h t _._ h ' ° h1 s> ..i'; � cG' :Xk,:- eMai. .,R' .e 1OF 1
w,
•
r -_. 3 z •" M�' ,r`.,, ,,,t� <n}t , °`+'''s'% r Y Y' .r,, Frn it w�.-
A..171:7:0 ACCOMPANY
Z f r qt.E,gGllllneers o ani .,..-`'--11; ' DA'E o oo���a 5-`, EGAL DESCRIPTION
t DRAyM u s�E T.
�- 4880pSCevens C k Bl d,S i e,205�5an se 1•'95119 CHECKED' . :S.R ,; �4
i:-.12,-"'•& u(4os) 615:44�OOO � O8)��615-4004 FILE k?CA7.DWG L CONSERVATION EASEMENT
{ Auburn � Sc i J$• se`'.. • Oakdale E:\454-6\99167\ *t'''` LOS ALTOS HILLS. CALIFORNIA
.x. �402,-":\• JOB # 99167