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Home My WebLink About01-00 lir RESOLUTION NO. 1-00 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 KUMAR 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 Ashok Kumar and Maya Kumar. 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 Ashok Kumar and Maya Kumar. PASSED AND ADOPTED this 6th day of January , 2000. By: . .; Mayr ATTEST: City Clerk N:\DATA\Clients\LEAH\Proiects\Kumar\ExecuteConsEas.R ES • DOCUMENT: 1512530 Titles: 1 / Pages: 7 • c II II 01 011 II 0111 1111 0 Fees. . . . . No Fees Taxes. . . This Document is Recorded For the Benefit of the 6O15125359m Copies. . Town of Los Altos Hills AMT PA I D And is Exempt from Fee ; BRENDA DAVIS RDE # 011/015 Per Government Code SANTA CLARA COUNTY RECORDER 1/19/2000 Sections 6103 and 27383 Recorded at the request of 10:23 AM City When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement, made and entered into this / day of i)o_c-e-mb 1999, by and between Ashok Kumar and Maya Kumar, Husband an Wife as Joint Tenants(collectively as"Owners")and the Town of Los Altos Hills,a municipal corporation, ("Town"). RECITALS A. Owners are the Owners of certain real property in the Town of Los Altos Hills commonly known as 11972 Rhus Ridge Road and more particularly described as Lot 3 as shown on the map of Tract No. 2102, recorded August 27, 1958, in Book 97 of Maps at Pages 2 and.3, Santa Clara County Records. B. Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation and open space easements on privately owned lands s 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. Owners 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 Owners. 1 N:\DATA\Clients\L\LAH\Projects\Kumar\ConservEas.AGM • • • 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. Grant of Conservation Easement. Owners, as grantors, hereby grant 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 and A-2, 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 Owners to construct any improvements on or within the Property except for public and private utilities easements, paths dedicated to the Town, and an approved septic system, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will be incompatible with maintaining the 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. 2 N:\DATA\Clients\L\LAH\Projects\Kumar\ConservEas.AGM • 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 landscaping, trees or natural growth upon 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. Owners Date: 0-1 , 1999 Ashok Kumar Date: Dec , � >i , 1999 / Maya mar 50/N OF LOS OS HILLS Date: January 6 , 2000jze Mayor ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Kumar\ConservEas.AGM t. �-(' • A.A. STATE OF CALIFORNIA ) ) ss: COUNTY OF 5,u/n4:7;1-12 On ,/)E E,t, E- 7 , 1999, before me, the undersigned Notary Public, personally appeared/Wee/ 4HA ' , (or proved to me on the basis of satisfactory evidence)to be the pe son whose name is su c,�ribe ,to the within instrument and acknowledged to me that Jbe executed the same in ji rauriorized 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. .. ,..< _ K - ,.•.: - M.,-� ,-•.,a VIRGINIA PUGLIESE "r Zr� tj Commission#1176488 Z '/ , '� ! yCe ,2002STATE OF CALIFORNIA ) ) ss: COUNTY OFA On g-c b'Cg 7 , 1999, before me, the undersigned Notary Public, personally appeared)1 >/ rite, enal l n to me (or proved to me on the basis of satisfactory evidence)to be the perscnwl�ose name is su crib,, lfto the within instrument and ack owled ged to me that cecuted the same in4t Authorized capacity,and that by.AitWatre on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. VIRGINIA PUGLIESE 411W Commission#aqi 1176488 z te�;; Notary Public—Californiaa San Mateo County , Signature ,��_ .- �. My Comm.Expi es Mar 0,2002'F / 4 N:\DATA\Clients\L\LAH\Projects\Kumar\ConservEas.AGM • • March 13, 1998 LEGAL DESCRIPTION LANDS OF A.M. MANAGEMENT - 11972 RHUS RIDGE ROAD CONSERVATION EASEMENT A portion of the lands of A.M. Management described in the deed recorded as document number 14091902, also being Lot 3 as shown on the map of Tract No. 2102, recorded August 27, 1958 in Book 97 of. Maps at Pages 2 and 3, Santa Clara County Records, said portion being more particularly described as follows: BEGINNING at the westerly corner of said Lot 3; THENCE along the common line of Lots 2 and 3 as shown on said map North 47°44 '47" East 290.00 feet; THENCE leaving last said line South 8°00' East 115.00 feet and South 47°00' East 83.69 feet to the common line of Lots 3 and 4 as shown on said map; THENCE along last said line South 33°13 '45" West 184 .24 feet to the southerly corner of said Lot 3; THENCE along the southwesterly line of said Lot 3 North 55°43 '57" West 231. 00 feet to the POINT OF BEGINNING. Containing 1. 013 acres. r � G'3 ,waJ 1 10.14050 3-6( f yr a ` .a U24.USI:._ • • • o��ssr�, kak( 6c'r A -2_ No.14o o . * . .37C( 1" = 80' 9T cc W LOT1 F e • 0) • • • ave LOT 2 - . ,. O LOT 3 67M3 tia° 2r .o, .,,,CONSERVATION /CONSERVATION EASEMENT— Ce?6' . LOT 4 ry sx• 5/,?, ,stA CONSERVATION EASEMENT LANDS OF A. M. MANAGEMENT • 11972 RHUS RIDGE ROAD LOS ALTOS HILLS • CLEMENTS AND ASSOCIATES CIVIL ENGINEERS