HomeMy WebLinkAbout74-01 S •
RESOLUTION NO. 74-01
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 SCHAEPE &CHIU
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
Christopher J. Schaepe and Jennie C. Chiu (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 1st day of November , 2001.
By:
Mayor Pro_ Tern
ATTEST:
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City Clerk
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DOCUMENT: 15961391 Titles: 1 / Pages: 9
This Document is Recorded Fees. . . . No Fees
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For the Benefit of the Taxes . .
Town of Los Altos Hills Copies. . .
And is Exempt from Fee 10015961391* AMT PAI D
Per Government Code
Sections 6103 and 27383RQE.# 010
BRENDA DAVIS 01
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 11/14/20
Recorded at the request. of 2 12 PM
Town of Los Altos Hills C i ty
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement is made and entered into this 1I day of DaSeA - ,
2001, by and between Christopher J. Schaepe and Jennie C. Chiu, (collectively, "Owner")
and the Town of Los Altos Hills, a municipal corporation, ("Town").
RECITALS
A. Owner is the owner of certainreal property in the Town of Los Altos Hills
commonly known as of 24150 Hillview Road, Los Altos Hills and more particularly
described in 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 conservationeasement 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 Townand the Owner.
• NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions set forth hereinand 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 B,
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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, 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: Oa/% /1, 2001
Date: .Ott. -ON, , 2001
TOWN OF LOS ALTOS HILLS
Date: t 1-ae- , 2001
Mayor Pro Tem
ATTEST:
City Clerk
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STATE OF CALIFORNIA )
nn �
) ss:
COUNTY OF
On all •, ,.2001, before me, the undersigned Notary Public, personally
appeared � t ,_ ,Lpersonally known to me (or proved to me on the basis of
satisfacto 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. ,), � M. WAKEFIELD k
r.. ,►,y!„� Comm.#1311495 tton
N g4,4 : ,� 7 NOTARY PUBLIC CALIFORNIA U)
Signature "/ / ' _ ,�4�^ Santa Clara County 1 2M�Comm. Expires J,one_30.2005
STATE OF CALIFORNIA )
) ss:
COUNTY OF a ' )
On ba' /A, 001, before me, the undersigned Notary Public, personally
appeared Mu► Lep re s'ff fi nown 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. M. WAKEFIELD
Comm.11 1311495 r�
, NOl'akY PUBLIC CALIFORNIA V!
1 Santa Clara CAL
Signature �� h1y,Cumm. a Clara County,1008 "
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Order No. 561077
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 NO. ONE:
Portion of Lot 1, as shown on that certain Map entitled "Hillhaven,"which Map was filed for record in the office
of the Recorder of the County of Santa Clara, State of California on August 19, 1930, in Book Y of Maps
page(s) 20 and 21, and more particularly described as follows:.
Beginning at a point on the Southwesterly line of Hillview Drive at the Northernmost corner of Lot 1,as shown
upon the Map hereinabove referred to, running thence Southeasterly along the Southwesterly line of Hillview
Drive 200 feet; thence Southwesterly 305 feet, more or less, to a point on the Southwesterly line of Lot 1, said
point being distant Southeasterly along the Southwesterly line of Lot 1, 229 feet from the Westernmost corner
of said Lot 1; thence running Northwesterly and along said line 229 feet to the Westernmost corner of Lot 1;
thence running Northeasterly and along the Northwesterly line of Lot 1, 331.22 feet to the point of beginning.
PARCEL NO. TWO:
All of Lot 32, as shown on that certain Map entitled "Hillhaven," which Map was filed for record in the office
of the,Recorder of the County of Santa Clara, State of California on August 19, 1930, in Book Y of Maps
page(s) 20'and 21. .
Excepting therefrom the following described parcel of land:
Beginning at the most Northerly corner of said Lot 32, and running thence S. 45° 45' East along the
Southwesterly line of Hillview Drive 126.29 feet; thence S. 44° 15' W. 336.60 feet to the Southwesterly line
of Lot 32; thence along the last mentioned line N. 53° 16' W. 127.38 feet to the Northwesterly line of Lot 32;
thence along the last mentioned line N. 44° 15' E. 353.26 feet to the point of beginning.
APN: 336-17-008
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EXHIBIT A
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LAN/5-n\
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EXHIBIT'S" 4 � 718 \
Legal Description of a i ` EYF_/�3i�L *r
P
Conservation Easement for OF Cl��� - f
24150 Hillview Road, 'i1G�
Los Altos Hills, California
All that certain real property in the City of the Town of Los Altos Hills, County of Santa
Clara, State of California, described as follows:
Being a portion of that certain parcel of land described in that certain Grant Deed, which
was recorded as document Number 14699311, on March 11, 1999, said Grant Deed being
a portion of Lots 1 and 32, as shown on that certain subdivision map entitled
"Hillhaven'Tract No 1724, Stonebrook", which was filed for record on August 1,9, 1930, in
Book"Y" of Maps, at Page 20, Santa Clara County Records, and being more particularly
described as follows:
Beginning at the most southerly corner of said Grant Deed, said point being South
53°16'00" East, 229.00 feet from the most westerly corner of said Lot 1;
Thence, along the southeasterly boundary line of said Grant Deed, North 39°07'22" East,
88.85 feet;
Thence, North 15°.08'04"West, 22.35 feet, to the beginning of a tangent curve to the left,
having a radius of 40.00 feet;
Thence, along said curve, through a central angle of 53°02'21", an arc distance of 37.03;
Thence, North 68°10'25" West, 32.66 feet;
Thence, North 50°06'42" West, 41.08 feet;
Thence, North 45°17'15" West, 45.89 feet;
Thence, North 67°09'00" West, 38.68 feet;
Thence, North 36°38'44" West, 52.55 feet, to a point on the line common to said Lots 1
and 32;
Thence, along said line common to Lots 1 and 32, South 44°15'00"West, 62.50 feet;
Thence, South 36°09'41" East, 33.36 feet;
Page 1 of 2 Pages
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Conservation.Easement
Page 2 of 2 Pages
Thence, North 61°23'54" East, 17.89 feet;
Thence, South 28°36'06" East, 40.85 feet;
Thence, South 74°44'41" East, 19.70 feet;
Thence, South 22°34'51" East, 44.72 feet;
Thence, South 59°48'59" East, 55.85 feet;
Thence, South 26°39'05" East, 33.61 feet;
Thence, South 17°37'16" East, 32.41 feet, to the southwesterly boundary of said Grant
Deed;
Thence, along the southwesterly boundary of said Grant Deed, South 53°16'00" East,
17.82 feet, to the POINT OF BEGINNING.
Containing an area of 0.43 acres, more or less.
END OF DESCRIPTION.
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HILLVIEW ROAD N
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(FORMERLY HILLVIEW DRIVE)
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S 4545'00'E 126.29' 40.71'�� 20000'
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S.04 -5.00' ^4*
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'a 8 N61'23'54'E 17.89'
e l�� l�� * KIP. 12NO. 7318 02 * 9 S28'36'06'E 40.85'
10 S74•44'4YE 19.70'
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;22•34151•E 44.72'
SCALE 1.660' OCT 12001 Api. 04 13 S26•39'051E 33.61'
OF CAj+I� 14 317'37'16'E 32.41'
1‘.'"':'11O LOS ALTOS Ell!. ii.,.
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_ Giuliani & gull IIIc. SCALE: / 11"=60'1 PLAT
DESCRIPTIONY
DATE: 09/013/01 12:40
Engineers e Planners • Surveyors DRAWN: E.T.
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. 24150 HILLVIEW ROAD
(408) 615-4000 Fax (408) 615-4004 FILE: PLAT.DWG
Auburn • San Jose • Oakdale E:\1999\99107\ LOS ALTOS HILLS. CALIFORNIA
JOB # 99107