HomeMy WebLinkAbout61-01 • 11.
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RESOLUTION NO. 61-01
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 BEYER
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 Beyer.
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 Beyer.
PASSED AND ADOPTED this 20th day of September , 2001.
By:
Mayor
ATTEST:
City Clerk .
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DOCUMENT: 1591 _)?
Titles: 1 / Pages: 7
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çees. . . .* No Fees
ecodedaxes. . .
For the Benefit of the Copies. .
Town of Los Altos Hills AMT AMT PA ID
And is Exempt from Fee
Per Govemment Code RDE # 004/013
Sections 6103 and 27383 BRENDA DAVIS 10/15/2001
SANTA CLARA COUNTY RECORDER 11 :34 AM
When Recorded, Mail to: Recorded at the request of
City
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022 ( ? 3 7
Attention: City Clerk OCA J
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement is made and entered into this �-�
g day of ".SL--'e 7Z.--71/36-d7 ,
2001, by and between David A. Beyer and Ngoc B. Phan;husband and wife, ("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 26030 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 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 derivedtherefrom, 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
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(0,
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, 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.
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.
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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: . . P , 2001
David A. Beyer
Date: 4_51_, 2001G
Ngoc an
TOWN OF LOS ALTOS HILLS
September 20
Date: ,.2001 :
Mayor
ATTEST:
City Clerk
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STATE OF CALIFORNIA )
) ss:
COUNTY OF SANTA CLARA )
On ilio_ydoy9 Sell, , 2001, before me, the undersigned Notary Public, personally
appeared David A. Beyer, -me (or proved to me on the basis of
satisfactory evidence)to be �e arson whose name is ub scribed to the within instrument
and acknowledged to me thatcy executed the same in#i tr 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.
Signature �`` MARCUS MEDINA �ggq®rrr
< ` . Commission
#1289653 ,
Z
' '� i Nof�YPublc
—California a
I `r Santa Clara Courtlyr ... My Comm.Expires Jan 6 2005
STATE OF CALIFORNIA )
) ss:
COUNTY OF SANTA CLARA )
On te tit day ac seft, , 2001, before me, the undersigned Notary Public, personally
appeared Ngoc B. Phan, (or proved to me on the basis of
satisfactory evidence)to be to person whose name isubscribed to the within instrument
and, ccknowledged to me tha t ey executed the same in thew authorized capacity, and that
bya+s 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.
— — "A. -ea.. _As ;
� MARCUS MEDINA
,. � Commission#1289653 Z
Signature z .'. x� rNotary Public—California
`�WOW' Santa Clara County
My Comm.Expires Jon 6,2.005
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(110
CONSERVATION EASEMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA,COUNTY OF SANTA CLARA,TOWN OF LOS ALTOS HILLS,AND
IS DESCRIBED AS FOLLOWS:
AN EASEMENT FOR THE PURPOSE OF CONSERVATION OVER THE
FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1 AS SHOWN ON
THAT CERTAIN MAP ENTITLED"TRACT 3410"RECORDED APRIL 9, 1923 IN
BOOK 159 OF MAPS AT PAGE 34,RECORDS OF SANTA CLARA COUNTY;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 38° 15'00"
WEST 52.05 FEET; THENCE SOUTH 75°00'00" WEST 178.20 WEST TO THE
SOUTHWEST CORNER OF SAID LOT 1,THENCE ALONG THE WESTERLY LINE
OF SAID LOT 1,NORTH 26°09'30" WEST 21.00 FEET; THENCE LEAVING SAID
WESTERLY LINE NORTH 71°21'30"EAST 70.36 FEET; THENCE NORTH 76° 35'
30"EAST 45,00 FEET;THENCE NORTH 63° 35'30"EAST 53.00 FEET; THENCE
NORTH 28° 35" 30"EAST 22.00 FEET; THENCE NORTH 10° 05'30"EAST 19.00
FEET; THENCE NORTH 24° 05'30"EAST 15.00 FEET; THENCE NORTH 38°05'
30"EAST 21.00 FEET TO A POINT ON THE EASTERLY LINE OF AFORESAID
LOT 1; THENCE ALONG LAST SAID EASTERLY LINE SOUTH q10 54'30"EAST
61.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.1656 ACRES,MORE OR LESS.
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Bgrry and_Associates PLAT:TO'ACOOMPANY {cKE, irt?!: sea ! !,
1733 Woodside Road,Suite 125 LEGAL DESCRIPTION
Redwood City,CA 94081 JuH NO
Phan•:0901759.0760 FAX:61ld/J08.1008 ---- `
NO. BY Ua1E REVISIONS CONSERVATION EASEMENT REF. I -
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