HomeMy WebLinkAbout02-00 . T i S
RESOLUTION NO. 2-00
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 GREEN EARTH ENGINEERING AND CONSTRUCTION,
INC. A CALIFORNIA CORPORATION
WHEREAS,the City Council of the Town of Los Altos Hills has read and considered
that certain Conservation Easement Agreement ("Agreement") between the Town and
Green Earth Engineering and Construction, Inc. a California Corporation.
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 Green Earth Engineering and Construction, Inc. a California
Corporation.
PASSED AND ADOPTED this 6th day of January , 2000.
By: /
Mayor
ATTEST:
City Clerk
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Ask
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DOCUMENT: 151253. Titles: 1 / Pages: 9
Fees. . . .. No Fees
This Document is Recorded IIII 1111111 IN Taxes. . .
For the Benefit of the #oe15125356 Copies. .
Town of Los Altos Hills AMT PAI D
And is Exempt from Fee
Per Government Code BRENDA DAV I S RDE # 011/015
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 1/19/2000
Recorded at the request of 10 23 AM
When Recorded, Mail to: C i ty
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
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AGREEMENT FOR CONSERVATION EASEMENT
This Agreement, made and entered into this 6th day of January
2000 by and between Green Earth Engineering and •Construction, Inc. a California
Corporation ("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 27168 Moody Court, and more particularly described in Exhibit A,
attached 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 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,
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 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 non-invasive, native species; and
f. against the erection of structures, including 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.
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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 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.
GREEN EARTH ENGINEERING
Date: i t/S , 1999 B `_��,,
r '
Its: ✓ /L e Si Cv
TO NOF OS ALTOS HILLS
ATTEST: -_- ..----—
City Clerk
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STATE OF CALIFORNIA )
) ss:
COUNTY OF A4"-€/ )
On S ,j�X441999, before me, the undersigned Notary Public, personally
appearedsYLVIA L Ul1NG; 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. awMr►nfsMoeu►cau¢
'�• k�= cormtlMloni llo®eAe
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Signature
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Mrcon.Rlr » oot
STATE OF CALIFORNIA )
ss:
COUNTY OF gotelA )
Ong 10e24P ' 1999, before me, the undersigned Notary Public, personally
appeared gyp,-i- 'i( 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.
Signature ''
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,� „,: • Not�Y�Pub�c 11 i
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��:�,::,:z7� County ';
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OCT 27_ '99 03:55PM LOS ALTOS HILLS P.:5
s • 1110
EXHIBIT "A"
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:
BEING A PORTION OF THE BLANCO. RANCHO, AS DESCRIBED IN AND CONVEYED BY
DEED FROM ANTONIO BAU BLANCO, ANDWIFE, TO REDWOOD CITY REALTY •
COMPANY, A CORPORATION DATED MARCH 29, 1911 AND RECORDED IN VOLUME
370 OF DEEDS, PAGE 50, IN THE OFFICE OF THE RECORDER OF.SAID COUNTY.OF
SANTA CLARA, TO.WHICH DEED AND SAID RECORD THEREOF REFERENCE IS HEREBY ,
MADE AND THE SAME MADE A PART HEREOF, AND MORE PARTICULARLY BOUNDED
AS FOLLOWS:
BEGINNING AT A POINT ON.THE MOST EASTERLY BOUNDARY LINE OF SAID RANCHO,
WHICH POINT IS DISTANT FROM A STAKE MARKED J.B. 2 % SET AT THE MOST
SOUTHEASTERLY CORNER OF SAID RANCHO, THE FOLLOWING COURSES AND
DISTANCES: NORTH 47° WEST 76.66 FEET TO A STAKE MARKED B.1.; NORTH 38°40'
• WEST 246.84 FEET TO A STAKE MARKED B.2; SOUTH 73° WEST 166.32 FEET TO A
STAKE MARKED B.3.; NORTH 54°. 35' WEST 174.9 FEET TO'A STAKE MARKED 8.4;
NORTH 48° WEST 71.94 FEET TO A STAKE MARKED 5.5; NORTH 39° WEST 71 .28
FEET TO A STAKE MARKED B.6; NORTH 410 .45.' WEST 40.26 FEET TO A STAKE
MARKED 8.7; NORTH 46° WEST .174.24. FEET TO A STAKE MARKED B.8; NORTH 32°
WEST 264 FEET TO A STAKE MARKED B.9; NORTH 48° .WEST.374.22 FEET.TO.A
STAKE MARKED B..10; NORTH 72°. 40' WEST 169.30 FEET TO A STAKE MARKED 6.11;
.— NORTH 6° 18' EAST 358.38 FEET AND BEING THE POINT OF BEGINNING; THENCE
FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE EASTERLY
BOUNDARY LINE OF SAID RANCHO NORTH 6° 18' EAST 269.58 FEET; THENCE
LEAVING SAID EASTERLY BOUNDARY LINE OF SAID RANCHO AND CROSSING. A
CERTAIN 40 FOOT PRIVATE ROAD LEADING TO MOODY ROAD SOUTH 77° 25' WEST
91 .6 FEET _TOA POINT IN THE CENTER LINE OF A CERTAIN 20 FOOT WIDE PRIVATE
ROAD LEADING TO HEREINBEFORE. RECITED 20 FOOT WIDE PRIVATE ROAD; THENCE
ALONG THE CENTER OF SAID LAST MENTIONED 20 FOOT PRIVATE ROAD THE
FOLLOWING COURSES AND DISTANCES, TO-WIT;•NORTH 75° 30' WEST 76.6 FEET;
NORTH 39°: 41' WEST 51.8 FEET; NORTH 38° .21' WEST 54.5 FEET; NORTH 65° 12'
. WEST 95.3 FEET; NORTH 32° 54' WEST 60.6 FEET; NORTH 5° 46' WEST 42.9 FEET;
THENCE LEAVING SAID 20 FOOT PRIVATE ROAD SOUTH 26° 20; WEST 287 FEET;
THENCE SOUTH 70° 00' WEST 155.0 FEET; THENCE SOUTH 82° 30' EAST 493.01.
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:.
THE UNDIVIDED INTEREST IN WATER LOT, ETC., AS GRANTED.BY RUDOLPH BRANDT,
ET UX, TO ALLAN F. JENKINS, BY,DEED DATED APRIL 10, 1932 AND RECORDED APRIL
• 20; 1932 IN BOOK 611 OF OFFICIAL RECORDS, AT PAGE 104, AS FOLLOWS:
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Page 3 of 9
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`Order No. 99160415.
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OCT 27 '99 03:56PM LOS ALTOS,°HILLS P.6 '
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EXHIBIT "A"
AN UNDIVIDED INTEREST IN WHAT IS KNOWN AS THE "WATER LOT" ON SAID RANCH •
AND THE.PUMPING PLANT, TANKS,, PIPES AND DISTRIBUTING SYSTEM, AND THE
WATER DEVELOPED THEREFROM AND THEREBY, EQUAL TO THE PERCENTAGE WHICH
THE SUM OF $525.00 BEARS TO THE TOTAL SELLING PRICE OF SAID RANCH FIXED BY
GRANTOR AT $100,000.00 SUCH INTEREST AND EVERY INTEREST CONVEYED OR
HELD'BY GRANTOR IN SAID WATER LOT AND PLANT TO BE OPERATED, MANAGED
• AND CONTROLLED FROM MARCH 1, 1924 UNDER'RULES AND REGULATIONS, NOT'
FOR PROFIT, MADE AND FIXED EXCLUSIVELY BY THE OWNERS OF RECORD OF '
PORTIONS OF SAID RANCH, WHO SHALL HAVE VOTING POWER BASED. UPON LIKE,
• PERCENTAGE PROVIDED THAT WATER FOR DOMESTIC USE SHALL HAVE.PRIORITY;
OVER: ITS USE.FOR OTHER PURPOSES AND:.THE GRANTEE BEING SUBJECT TO LIKE;
PERCENTAGE OF UPKEEP AND OPERATING OF. 'PLANT. ' i ' ' I
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ASSESSOR'S PARCEL NO.: 182-29-036 .
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Page 4 of 9
Order No, .99160415 •
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EXHIBIT "B"
CONSERVATION EASEMENT
LANDS OF GREEN EARTH ENGINEERING AND CONSTRUCTION INC.
27168 MOODY COURT, TOWN OF LOS ALTOS HILLS
Being a portion of the Blanco Rancho, as described in a deed from
Antonio Bau Blanco , dated March 29 , 1911 , recorded in Volume 370
of Deeds , Page 50 , Santa Clara County Records , and being more
particularly described as follows:
Beginning at a point on the most Easterly Boundary line of said
Rancho , which point is distant from a stake marked J.B. 2 1/2 set •
at the most Southeasterly corner of said Rancho, the following
courses and distances : North 47 Degrees West, a distance of 76 . 66
feet to a stake marked B1 ; thence North 38 Degrees 40 Minutes
West, a distance of 246. 84 feet to a stake marked B2 ; thence
South 73 Degrees West a distance of 166. 32 feet to a stake marked
B3 ; thence North 54 Degrees 35 Degrees West, a distance of 174 . 9
feet to a stake marked B4 ; thence North 48 Degrees West, a
distance of 71 . 94 feet to a stake marked B5 ; thence North 39
Degrees West a distance of 71 . 28 feet to a stake marked B6 ;
thence North 41 Degrees 45 Minutes West a distance of 40 . 26 feet
to a stake marked B7 ; thence North 46 Degrees West, a distance of
174 . 24 feet to a stake marked B8 ; thence North 32 Degrees West a
distance of 264 feet to a stake marked B9 ; thence North 48
Degrees West a distance of 374 . 22 feet to a stake marked B10 ;
thence North 72 Degrees 40 Minutes West a distance of 169. 30, feet
to a stake marked B11 ; thence North 6 Degrees 18 Minutes East a
distance 358 . 38 feet ; thence North 82 Degrees 30 Minutes West a
distance of 493 . 01 feet to the true point of beginning of this
description;
thence South thence North 12 Degrees 52 Minutes24 Seconds East a .
distance of 165 . 94 feet; thence North 26 Degrees 20 Minutes 00
Seconds East a distance of 191 . 00 feet ; thence South 16 Degrees
45 Minutes 26 Seconds East a distance of 76. 12 feet; thence South
25 Degrees 51 Minutes 40 Seconds East a distance of 22 . 35 feet ;
thence South 46 Degrees 20 Minutes 27 Seconds East a distance of
39. 29 feet; thence South 51 Degrees 24 Minutes 13 Seconds East a
distance of 59 . 07 feet; thence South 12 Degrees 23 Minutes 32
Seconds West a distance of 204 . 98 feet; thence North 82 Degrees
30 Minutes 00 Seconds West a distance of 185 . 58 feet to the true
point of beginning.
8 e,,( SAei GF
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* No.4953
J, Expires 12-31-01 \�
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EXHIB I T B ,
A PLOT TO ACCOMPANY A DESCRIPTION
LANDS Of CREENEARTy ENS/NEER/NG d CONsTi9UCT/ON, /NC.
coLAND
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LINE DATA:
Line Bearing Distance 21 N 54'49'36" W , 64.54'
Number 22 N 71' 12'22" W 216.30'
23 N 06' 18'00" E 30.73'
/ N 12'52'24" E 165.94' 24 N 71 ' 12'22" W 227.27'
2 N 05'46'00" W 42.90' 25 N 54' 49'35" W 57.03'
3 N 32'54'00" 11 60.60' 26 N 62' 10'47" W 56. 40'
4 N 65' 12'00" W 95.30' 27 N 39'05'09" W 107.03'
5 N 38'21 '00" W 54.50' 28 N 26'20'00" E 32.99'
5 N 39' 41 '00" 1/ 51.80' 29 N 08'20' 14" W 37.93'
7 N 75'30'00" W 75.60'
8 N 77'25'00" E 91.50'
9 N 26'20'00" E 191.00'
10 N 16' 45'26" W 76. 12'
11 N 25'51 '40" W 22.35'
12 N 46'20'27" V 39.29'
13 N 51'24' 13" W 59.07'
14 N 82'30'00" W 185.58' .
15 N 82'30'00" W 10.29'1/'0 '
077011 W 41. 17 W 91.37' WESTFALL ENGINEERS, INC.
17 N 11
17 N VICTORIAN VILLAGE
18 N 08' 16'58" W 87.95' 14583 BIG BASIN WAY
19 N 39'05'09" W 114.63' SARATOGA, CA 95078
20 N 62' 10'47" W 52.20'
98108