HomeMy WebLinkAbout43-01 RESOLUTION NO. 43-01
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 AU
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
Dean T. Au and Emily F. Au, Trustees of the Au Family Trust 1999, Dated July 9, 1999
(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 21st day of June , 2001.
By: ,404„,
Mayor
ATTEST:
City Clerk
N:\DATA\Clients\L\AH\Projects\Au\AuCon.rut.wpd
This Document is Recorded
For the Benefit of the
Town of Los Altos Hills DOCUMENT: 15761505 Titles: 1 / Pages: 13
And is Exempt from Fee Fees. . . .* No Fees
Per Government Code
Taxes. . .
Sections 6103 and 27383 0 01311 011
Copies. .
xee15761505■ AMT PAI D
When Recorded, Mail to:
Town of Los Altos Hills BRENDA DAV I S RDE # 011
26379 Fremont Road SANTA CLARA COUNTY RECORDER 7/09/2001
Los Altos Hills, CA 94022 Recorded at the request of 11 :35 AM
Attention: City Clerk City
•
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement is made and entered into this aZ3 di,L. day of 4Prez L ,
2001, by and between Dean T.Au and Emily E Au,Trustees of the Au Family Trust 1999,
Dated July 9, 1999 (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 12870 Robleda Road, and more particularly described as 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 a 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 Exhibits A-
1. A-2 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 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,
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,otherthan lawful fences which allow
for the free 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.
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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
Date: Apr. P3 , 2001
Dean T. Au, Truste
Date: 4 r• 2$ , 2001 '�
Emily F. A ( u tee
TOWN OF LOS ALTOS HILLS
Date: June 21 , 2001
41"
Mayor
ATTEST:
City Clerk
3 N:IDATA1ClientslL\LAHIProjectslAu\AuCon.eas.wpd
Aft-
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ififittiy )
On , 2001, before me, the undersigned Notary Public, personally
appeared , 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,orthe entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
MORALES: •
/` Castf 1216946
!i ;- IDR �CJIL
, i_ A
Signatu1W— /�'� /.: :,1 , _
Cw�SNI+e�. 200
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On . , 2001, before me, the undersigned Notary. Public, .personally
appeared , 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,orthe entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
•
Signature
•
•
•
4 N:\DATA\Clients\ULAN\Projects\Au\AuCon.eas.wpd
110' /•
Description: The land referred to herein is situated in the State of California, County of
SANTA CLARA, CITY OF TOWN OF LOS ALTOS HILLS, and is described as follows:
PARCEL 1, AS SHOWN ON THE PARCEL MAP FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JULY
27, 1966, IN BOOK 212 OF MAPS, PAGE(S). 40.
ASSESSOR'S PARCEL NO. 175-48-055
EXHIBIT A
Order No. 1604604
. ;•
Job#2000809
02-23-01
Legal Description—Conservation Easement"A"
An easement for conservation purposes situate in the TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Parcel
1 as shown that certain Parcel Map recorded July 27, 1966 in Volume 212 of Maps at
Page 40, Santa Clara County Records, described as follows:
Beginning at a point on the Easterly line of said Parcel, said point being distant South
21°30'00"East, 7.78 feet from the Northeasterly corner of said Parcel: thence along said
Easterly line, South 21°30'00"East 47.54 feet; thence leaving said line South 40°19'05"
West 59.12 feet; thence South 21°34'38"West.53.94 feet; thence South 14°35'33"East
12.96 feet; thence North 85°33'32"East 47.32 feet; thence South 09°03'46"West 81.46
feet to a point on the line of said Parcel 1; thence along said line South 68°30'00"West
73.31 feet and South 21°20'04"East 41.86 feet;thence leaving said line South 45°40'38"
West 49.67 feet; thence South 43°17'01"West 36.74 feet; thence South 65°47'19"West
55.98 feet; thence South 85°32'31"West 30.99 feet; thence North 77°52'27"West 18.94
feet; thence North 45°44'34"West 32.12 feet; thence North 25°59'46"West 70.56 feet;
thence South 79°28'27"East 27.33 feet; thence South 85°48'22"East 41.61 feet; thence
North 44°10'01"East 46.27 feet; thence North 10°14'25"East 31.33 feet; thence North
13°17'02"West 50.48 feet; thence North 31°18'40"East 38.78 feet; thence North
39°37'12"East 165.15 feet; thence North 62°53'06"East 57.43 feet to the point of
Beginning.
' ,�-VCLq,�r
No. 4588
tr, Exp. a`Lir *
EXHIBIT"A-1"
. , • •` /•
1
Job#2000809
02-23-01
Legal Description—Conservation Easement`B79
An easement for conservation purposes situate in the TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Parcel
1 as shown that certain Parcel Map recorded July 27, 1966 in Volume 212 of Maps at
Page 40, Santa Clara County Records, described as follows:
Beginning at a point on the Westerly line of said Parcel, said point being distant South
21°17'50"East 92.38 feet; thence leaving said line North 88°59'30"East 75.55 feet;
thence North 53°31'21"East 44.61 feet; thence South 72°14'21"East 57.47 feet; thence
South 44°28'34"East 66.93 feet; thence North 36°45'18"East 42.08 feet; thence South
00°35'31"East 61.62 feet; thence South 02°29'02"East 25.25 feet; thence South
74°43'16"West 35.86 feet; thence North 48°22'03"West 43.45 feet; thence North
44°56'38"West 37.40 feet; thence North 88°18'14"West 33.15 feet; thence South
53°48'52"West 36.93 feet; thence South 12°39'51"West 31.33 feet; thence South
41°30'48"East 62.41 .feet; thence South 82°59'40"West 59.93 feet to a point on the
aforesaid westerly line of Parcel 1; thence along said line North 21°17'50"West 161.12
feet to the point of Beginning.
��TVD R• _�
ckie-
.® k
Into.4588
* Exp.9.30-02 *.
\\:& OF CA-
EXHIBIT"A-2"
•I (•
JOB#2000809
LEA&SUNG ENGINEERING. INC.
CIVIL ENGINEERS • LANG SURVEYORS
LOT CLOSURE CALCULATIONS
LAND OF AU-PARCEL 1, 212 MAPS 49
Figure Name: CONSERVATION EASEMENT-A
North: 6287.8562 East: 4005.5752
Course: S 21-30-00 E Distance: 47.54
North: 6243.6247 East: 4022.9985
Course: S 40-19-05 W Distance: 59.12
North: 6198.5470 East: 3984.7455
Course: S 21-34-38 W Distance: 53.94
North: 6148.3895 East: 3964.9099
Course: S 14-35-33 E Distance: 12.96
North: 6135.8492 East: 3968.1746
Course:N 85-33-32 E Distance: 47.32
North: 6139.5136 East: 4015.3548
Course: S 09-03-46 W Distance: 81.46
North: 6059.0735 East: 4002.5241
Course: S 68-30-00 W Distance: 73.31
North: 6032.2045 East: 3934.3133
Course: S 21-20-04 E Distance: 41.86
North: 5993.2164 East: 3949.5411
Course: S 45-40-38 W Distance: 49.67
North:5958.5125 East: 3914.0070
Course: S 43-17-01 W Distance: 36.74
North: 5931.7675 East: 3888.8184
Course: S 65-47-19 W Distance: 55.98
North: 5908.8084 East: 3837.7588
Course: S 85-32-31 W Distance: 30.99
North: 5906.3993 East: 3806.8595
Course: N 77-52-27 W Distance: 18.94
North: 5910.3780 East: 3788.3416 ;. ..
Course: N 45-44-34 W Distance: 32.12 �$- Jnr
� 1
North: 5932.7947 East 3765.3359
Course: N 25-59-46 W Distance: 70.56 c c\
North: 5996.2130 East: 3734.4099 No. 4588
Course: S 79-28-27 E Distance: 27.33 \ a o-02 �
North: 5991.2207 East: 3761.2785 � r
Course: S 85-48-22 E Distance: 41.61 ' v► A� .�.
North: 5988.1776 East: 3802.7778
Course: N 44-10-01 E Distance: 46.27
North: 6021.3705 East: 3835.0192
Course:N 10-14-25 E Distance: 31.33
North: 6052.1985 East: 3840.5884
Course: N 13-17-02 W Distance: 50.48
Page 1 of 3 2/23/2001
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JOB#2000809
/ . LEA&SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
North: 61013321 East: 3828.9883
Course:N 31-18-40 E Distance: 38.78
North: 6134.4683 East: 3849.1444
Course: N 39-37-12 E Distance: 165.15
North: 6261.6823 East: 3954.4597
Course: N 62-53-06 E Distance: 57.43
North: 6287.8562 East: 4005.5752
Course: S 90-00-00 E Distance: 0.00
North: 6287.8562 East: 4005.5752
Perimeter: 1170.89
Area: 45414.75 1.04 acres
Mathematical Closure- (Uses Survey Units)
Error of Closure: 0.000 Course: S 90-00-00 E
Precision 1: 1170894936.63
No.4588
Exp. 9-30-02 *
111166,.
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Page 2 of 3 2/23/2001
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JOB#2000809
LEA&SUNG ENGINEERING, INC.
414
CIVIL ENGINEERS • LAND SURVEYORS
Figure Name: CONSERVATION EASEMENT-B
North: 6138.7301 East: 3559.2564
Course:N 88-59-30 E Distance: 75.55
North: 6140.0599 East: 3634.7995
Course: N 53-31-21 E Distance: 44.61
North: 6166.5 815 East: 3670.6711
Course: S 72-14-21 E Distance: 57.47
North: 6149.0522 East: 3 725.3 973
Course: S 44-28-34 E Distance: 66.93
North: 6101.2980 East: 3772.2860
Course: N 36-45-18 E Distance: 42.08
North: 613 5.0131 East: 3797.4669
Course: S 00-35-31 E Distance: 61.62
North: 6073.3937 East: 3798.1035
Course: S 02-29-02 E Distance: 25.25
North: 6048.1630 East: 3799.1980
Course: S 74-43-16 W Distance: 35.86
North: 603 8.7126 East: 3764.6031
Course: N 48-22-03 W Distance: 43.45
North: 6067.5781 East: 3732.1281
Course: N 44-56-38 W Distance: 37.40
North: 6094.0517 East: 3705.7063
Course: N 88-18-14 W Distance: 33.15
North: 6095.0330 East: 3672.5693
Course: S 53-48-52 W Distance: 36.93
North: 6073.2268 East: 3642.7592
Course: S 12-39-51 W Distance: 31.33
North: 6042.6544 East: 3635.8896
Course: S 41-30-48 E Distance: 62.41
North: 5995.9194 East: 3677.2566 ® S
Course: S 82-59-40 W Distance: 59.93 • C 49
North: 5988.6103 East: 3617.7773 Occ ;
Course: N 21-17-50 W Distance: 161.12 No. 4588
.North:6138:730.1 _-mast:- 559:2564: .__ T, _ ,
Perimeter: 875.11
Area: 1977152 0.45 acres �, • At '
Mathematical Closure- (Uses Survey Units)
Error of Closure: 0.000 Course: S 90-00-00 E
Precision 1: 875112658.01
Page 3 of 3 2/23/2001
0,, 1• -
P.O.B.
EASEMENT "A"
S 21'30'00" E 219.53' co
3 L26 \< co
-53 OM OVIZ; \1.3--1co O
cl
v L41\\ L29 \ -
0 0 \<r ' w o
r — w \p• Ivo
tri rn rn o S__ 21'20'04"_ E 390.14'_
o \ CONSERVATIONL33 '< -_N
o \ EASEMENT "A" Vit. co
' N `7i 42:
%L22. Vox IV
LANDS OF AU a
0 1(?7 1 PARCEL 1
k9
3 <� , < W 212 MAPS 40
o. \,6� 07 V•:. ^I N
1 /N21'1 7 5"W
CD
v/ t\\
�,2/ /L40 _ 9/v0, 90.00' „
` „IA N21'17'50"W N66 17 50 W
rr /! CONSERVATION 509 100.00' 53.74'
O<v / `.` 16 EASEMENT "B" Na6 x$66
1
...A)^� AD/ 70 .1^1 S68'42'10"W
^`o^o . ./ 75.00'
co L1 L2 /
N 2117'50" W 392.00'
P.O.B. ' ®LA}4 X
�.
EASEMENT B" X40' .4 CL g,
SEE SHEET 2 FOR LINE TABLEI, No.4588
CURVE TABLE fE , '-30-02 ) '`,.!
CURVE LENGTH RADIUS DELTA . 9.-r
Cl 15.56 70.00 12'44'10" .`CSL\6::,,,
C2 53.40 130.00 2312'07" _
C3 40.42 130.00 17'48'52"
0 60 120 240
NICerff
6.1.1_ =M /
SCALES 1" - 120' EXHIBIT "B"
ii LEA & SUNG ENGINEERING, INC. CONSERVATION
EASEMENTS
CIVIL ENGINEERS • LAND SURVEYORS LANDS OF AU
2495 INDUSTRIAL PARKWAY WEST
HAYWARD, CALIFORNIA 94545 SANTA CLARA COUNTY
(510) 887-4086
FAX (510) 887-3019 JOB NO20008091 DATE: 2-7-01 SHEET 1 OF 2
Drawing LOCATION: N: \projects\2000809\dwg\2000809PLT.dwg
'
(i
5
LINE TABLE
LINE LENGTH BEARING
L1 92.38 S21'17'50"E
L2 161.12 N21'17'50"W
L3 75.55 N88'59'30"E
L4 44.61 N53'31'21"E
L5 57.47 S72'14'21"E
L6 66.93 S44'28'34"E
L7 42.08 N36'45'18"E
L8 61.62 S00'35'31"E
L9 25.25 S02'29'02"E
L10 35.86 S74'43'16"W
L11 43.45 N48'22'03"W
L12 37.40 N44'56'38"W
L13 33.15 N88'18'14"W
L14 36.93 S53'48.52"W
L15 31.33 S12'39'51"W
L16 62.41 S41'30'48"E
L17 59.93 S82'59'40"W
L18 27.33 S79'28'27"E
L19 41.61 S85'48'22"E
L20 46.27 N44'10'01"E
L21 31.33 N10'14'25"E
L22 50.48 N13'17'02"W
L23 38.78 N31'18'40"E
L24 165.15 N39'37'12"E
L25 57.43 N62'53'06"E
L26 47.54 S21'30'00"E
L27 59.12 S40'19'05"W
L28 53.94 S21'34'38"W
L29 12.96 S14'35'33"E
L30 47.32 N85'33'32"E
L31 81.46 S09'03'46"W
L32 73.31 S6810'00"W
L33 41.86 S21'20'04"E
L34 49.67 S45'40'38"W ,� �® �LANDn.-,-c
L35 36.74 S43'17'01"W ,,,c ,�Q� -"W ��\
L36 55.98 S65'47'19"W ';h 9
L37 30.99 S85' 'W ; ` No. 4588 • I
L38 18.94 N77'52'2 ,' nali • *
L39 32.12 N45'44.34"W ',"1"14.;,,,,,,,,.._--.1"
:
L40 70.56 N25'59'46"W cam` 4,
L41 7.78 S21'30 00 E Ai�lFQ,'--
ft.
14 LEA & SUNG ENGINEERING, INC. C O N S E RVATI O N
EASEMENTS
CIVIL ENGINEERS • LAND SURVEYORS LANDS OF AU
2495 INDUSTRIAL PARKWAY WEST
HAYWARD, CALIFORNIA 94545 SANTA CLARA COUNTY
(510) 887-4086
FAX (510) 887-3019 JOB NO 2000809 DATE: 2-7-01 SHEET 2 OF 2
Drawing LOCATION: N: \projects\2000809\dwg\2000809PLT.dwg