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Home My WebLink About35-01 n _ 110 RESOLUTION NO. 35-01 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 CHAN 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 Chan. 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 Lands of Chan. PASSED AND ADOPTED this 7th day of June , 2001. By Mayor ATTEST: City Clerk N:\DATA\Clients\L\LAH\Projects\Chan\ConservEas.rut.wpd '� i•) DOCUMENT: 15734039 Titles: 1 / Pages: 8 Fees. . . .* No Fees This Document is Recorded Taxes. . . For the Benefit of the II II III ill IIII II 1111 II 0 Copies. . Town of Los Altos Hills ■0015734033■ AMT PA I D And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 102/016 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 6/20/2001 When Recorded, Mail to: Recorded at the request of 12:01 PM 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 _ /7 day of MAY 2001, by and between Michael P. Chan and Susan M. Chan ("Owners") 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 27413 Deer Springs Way and more particularly described as Exhibit A. 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. 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:\DATA\Clients\L\LAH\Projects\Chan\ConservEas.agm.wpd . • • 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. Authorization.Statutory 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 structures and/or improvements on or within the Property except for public and private utilities and paths dedicated to the Town, and/or approved septic field lines, 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 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. 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 2 N:\DATA\Clients\L\LAH\Projects\Chan\ConservEas.agm.wpd 01 lam. 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 iic Date: , 2001 Michael P. Chan Date: Al /7 /"`" 2001 Susan M. Chan �'� ayor ATTEST: . City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Chan\ConservEas.agm.wpd . . STATE OF CALIFORNIA ) n f ) ss: COUNTY OFS�It 6croc.) On MOlL! , _ , 2001, before me, the undersigned Notary Public, personally appeared Michael P. Chan, personally known 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 by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. GURJIT NAGRA WITNESS my hand and official seal. p ,r-,; w. COMM.#1282591 _ 0 _' NOTARYPLIC-CAN04 /• SANTA CLARA COUNTYct. My Comm.ExpiresUBO31 20 � -- LIFOR1 I STATE OF CALIFORNIA ) n ) ss: COUNTY OF 3U.n ultra) On May .17 , 2001, before me, the undersigned Notary Public, personally appeared Susan M. Chan, personally known 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 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. ` 1 +'"�''�> . GURJIT NAGRA^ ,4 ��\ COMM.#1282591 Signature `�� `/ I" '" NOTARY PUBLIC-CALIFORNIA 0 / `\��s `/ SANTA CLARA COUNTY 11 AL, `�_ My Comm.Expires Oct.31,2004 4 "N:\DATA\Clients\L\LAH\Projects\Chan\ConservEas.agm.wpd • 0, 0 • EXHIBIT "A" Order No. 561110 Page No. 5 LEGAL DESCRIPTION REAL PROPERTY In the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: PARCEL ONE: Lot 25,as shown on that certain Map entitled Tract No.5072 Parkside Unit 4,which Map was filed.for record in the office of the Recorder of the County of Santa Clara, State of California on June 2, 1972, In Book 302 of Maps page(s)36 and 37. PARCEL TWO: An easement for roadway,public utilities and incidental purposes over that portion of Tract 5072 recorded in Book 302 of Maps, at pages 36 and 37,which Map was filed in the office of.the Recorder of the County of Santa Clara, State of California on June 2, 1972, shown as a 32 foot private road. Except that portion included within Parcel One. - PARCEL THREE: A non-exclusive easement for ingress and egress over a strip of land 20.00 feet in width, located at the Northeasterly corner of Lot 22, as shown upon that certain map entitled, "Tract No. 4875 Parkside-Unit 2" which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on December 31, 1970, in Book 277 of Maps, at pages 9 and 10. The exact location of said easement to be determined by a survey and recorded at a later date. PARCEL FOUR: A 20 feet driveway easement across Lots 23 and 24 designated as"20'Driveway Easement and 20' P.U.E", as shown upon that certain map entitled, "Tract No. 4875-Parkside-Unit 2", which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on December 31, 1970 in Book 277 of Maps, at pages 9 and 10. • APN: 182-48-035 e I • • • ' r•oa , ..c Z d 91ti6 '°N . . Wd£0 : 11 1002 'WARN ' . (• EXHIBIT "B" LEGAL DESCRIPTION CONSERVATION EASEMENT That certain parcel of land situated in the County of Santa Clara, State of California, being a portion of Lot 25 of"Parkside,Unit 4", filed in Book 302 of Maps, Pages 36 and 37 in the office of the County Recorder of said County, BEING A CONSERVATION EASEMENT, said easement being more particularly described as follows: Commencing at the Northernmost corner of said Lot 25;thence along the westerly line of said Lot 25, South 08°35'18"West 176.42 feet to the True Point of Beginning of this description;thence leaving said west line South 70°53'29"East 58.30 feet;thence South 54°37'02" West 8:64 feet; thence South 49°11'53"East 14.01 feet;thence North 31°29'12"East 13.32 feet;thence South 85°03'18"East 42.64 feet;thence South 74°27'26"East 41.13 feet;thence South 60°14'53"East 16.00 feet;thence South 41°38'31"East 47.76 feet;thence South 80°37'49"East 19.99 feet;thence North 85°37'29"East 41.97 feet;thence South 47°19'58"East 36.37 feet to the east line of said Lot 25;thence alond said east line South 28°10'00"West 100.19 feet to the southeasterly corner of Lot 25;thence along the south line South 87°49'00 West 265.27 feet to the southwesterly corner of Lot 25;thence along the west line North 08°35'18"East 205.65 feet to the True Point of Beginning of this description. Contains 0.99 acres more or less Subject to:All covenants, Rights-of-Way and Easements of Record Al i i.0 j )1e).i-LAND SU i �,!} NER Q b_ i+ �Q dO o Z y o �LX4 S7576 Nii/„/„ CLQ Op CA1aF • 71 POINT OF PARKSIDE - UNIT 2 LINE TABLE COMMENCEMENT LOT 21 Ia LINE LENGTH BEARING >- L1 8.64 S54'37'02"W S74 L2 14.01 S49'11'53"E 2Tf L3 13.32 N31"29'12"E 791•80' Z L4 41.13 S74'27'26"E 0 PARKSIDE UNIT 2 L5 16.00 S60'14'S3"E L6 19.99 S8017149"E LOT 22 1 L7 36.37 S4719'58"E ; LOT 2 5 W 18 31.54 S28'10'00"W ;M c 03 O '� J I ` POINT OF W BEGINNING �,, L blipIA_ 41 o ►.44';; ��QHER p O�9 ii a'1 os v ► s7o$3, EX 757g oiy. 0 29 c .S$30' ,� S85U3'18"Erb/3l�22.64'/ L4 LOT 28 Ne QF s CALIF s moi. 10. Yr>�•-- rW / ...1%5,:-'>4 �:jF L6 N85'37'29"E �� F i // / 4L971 (j �'k 4 1-3 r) ui / ///' / z CONSERVATION EASEMENT / Q��-co 0 et- rb _� 0 oo roa / / LOT 27 — ------ _ /587'49'00'W IS CIVIL ENGINEERING,INC. 265.27' rei 90 N.FIRST ST,STE.101 SAN JOSE,CA 95113 LOT 25 ��CIVIL rNGINrkING PH:49R 99i 1800.ThI1.FQFR.•222271727me VA AAP ma AL VI