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HomeMy WebLinkAbout04-00 . . • • RESOLUTION NO. 4-00 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND BING YEH AND DEBORAH YEON-MAY YEH, TRUSTEES OF THE YEH FAMILY TRUST U/D/T DATED AUGUST 14, 1995 WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read and considered that certain Agreement for Conservation Easement ("Agreement") between the Town and Bing Yeh and Deborah Yeon-May Yeh, Trustees of the Yeh Family Trust U/D/T dated August 14, 1995 . NOW, THEREFORE, the City Council of the Town does hereby RESOLVE as follows : 1 . Public interest and convenience require the City of Los Altos Hills to enter into the Agreement described above . 2 . The City 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 City of Los Altos Hills and Bing Yeh and Deborah Yeon-May Yeh, Trustees of the Yeh Family Trust U/D/T dated August 14, 1995 . PASSED AND ADOPTED this 6th day of January , 2000. By: May•f ATTEST: ( Town Clerk DOCUMENT: 151253 Titles: 1 / Pages: 8 This Document is Recorded Fees. . . . No Fees Taxes. . For the Benefit of the _ Town of Los Altos Hills Copies. . And is Exempt from Fee0615125358 AMT PAID Per Government Code Sections 6103 and 27383 BRENDA DAVIS RDE # 011/015 When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 1/19/2000 Town of Los Altos Hills Recorded at the request of 10:23 AM 26379 Fremont Road City Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement, made and entered into this (4t- day of , 1999, by and between Bing Yeh and Deborah Yeon-May Yeh, Trustees of the Yeh Family Trust U/D/T dated August 14, 1995, (collectively "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 24055 Jabil Lane, 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. r, D. Both 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\CGents\LAH\Projects\Yeh\conserv.eas.wpd [ M • 110 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 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 declare 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 and paths dedicated to the Town, 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 other than 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 2 N:\Data\CliadslLAH\Projects\Yeh\consay.eas.wpd Am. • e. against any plantings other than native riparian species . 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 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: it7t , 1999 _ BI YEH " Date: , 1999 DEBORAH YEON-MA EH / Alp N OF OS N. TOS HILLS Date: January 6 , 2000OF / May, ATTEST: City Clerk 3 N:\Data\Clients\LAH\Projects\Yeh\conserv.eas.wpd Ala • IIP STATE OF CALIFORNIA ) ss: . COUNTY OF I'ckAnkQ cI&(k) On Se,joiev,Aitiez 01 , 1999; before me, the undersigned Notary Public, personally appeared B'9 'yc4\ , =- o -. - :- - : - - (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 he executed the same in his 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 • ,,.•1 K. DUBALa F . Commission# 1183454 z ,,'- Notary Public—California Santa Clara County '•PAT' My Comm.Fomes Mlay 14,2002 Z"�,--_a'+",.pAw_.yz.,.,' -.•.t,,..M1-.` "..yup,_..STATE OF OF CALIFORNIA ) ) ss : COUNTY OF Scan{&C(cUrzci) On _ o{ ►bet (1.i , 1999, before me, the undersigned Notary Public, personally appeared 2bebo N \fel1 , e- : - _ _ • - . ..- (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 she executed the same in her authorized capacity, and that by her 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 . _.._ ., .R , Signature --`"- --) .41110A K.LDUBAL • f + . y�ar�� Commission#1183454 4 z SantaNotary Publlara County ic—California1 4 o-"' My Comm.Cl May 14 2002 , • . 4 N:\Data\Cfientsv AH Projeots\Yehloonsay.eas.wpd 110 . . - EXHIBIT "A". • Parcel One: Beginning at an iron pipe in the centerline of Magdalena avenue at the Northernmost corner • of that certain 7.221 acre tract of land as shown upo.,.that certain Map entitled,."Record of Survey", which Map was filed for record in said Recorder's Office on February 25, 1948 _ in Book 17 of Maps, Page.3; thence from said point of beginning Southeasterly.along the Northeasterly line of said 7.221 acre parcel of land, said Northeasterly line also being the Northeasterly of Jabil Lane, as shown on thereci,,d of survey hereinafter referred to,South . 16° 10' East 175.30 feet to an iron pipe, South 36° 26'.East 141.90 feet to an iron pipe, and South 41 ° 02' East 80.44 feet to an iron pipe at the intersection thereof with the Northeasterly prolongation of the dividing line between Parcels 1-and 2 as said parcels are shown on that certain Map entitled, "Record of Survey..." which Map was filed for record . in said Recor:',r's Office on March 1, 1957 in Book 78 of Maps, Page,53; thence.along • said prolongation South'48° 58' West 50.00 feet to an iron pipe in the Southwesterly line • of said Jabil Lane and the true point of beginning of this description; thence along said dividing line of Parcels 1 and 2, South 48°. 58' West 285.91 feet to an iron pipe at the Southwesterly common corner thereof; thence North 1 ° 16' East 341.70 feet to an iron pipe;thence North 63°42'East 70.52 feet to an iron pipe in the Southwesterly line of said Jabil Lane;thence along said Southwesterly line South 36° 26'East 152.85 feet to an iron pipe, and South 41 ° 02' East 82.45 feet to the true point of beginning, being that certain 1.004 acre, more or less parcel of land as shown upon that certain Map entitled, "Record • of Survey of Lot 1 as shown on that certain "Record of Survey of Parcel 2 of Lot 44 recorded March 1, 1957 in Book 78 of Maps, Page 53, records of Santa Clara County California", which Map was filed for record in said Recorder's Office on April 29, 1959 in Book 105 of Maps, Page 37. . • Parcel Two: Beginning at an iron pipe at the Northwesterly corner of that certain 1.004 acre, more or less, parcel of land described in the Deed from Walter A. Benson, et ux to Sylvester 0. Perkins, et ux, which Deed.was recorded December 9, 1960 in said Recorder's Office in Book 5008 of Official Records, Page 156; thence from said point of beginning, South 63°. 42'West along the Southwesterly prolongation of the Northwesterly line of said 1.004 acre parcel of land to the intersection thereof with the Westerly line of that certain 0.586 acre parcel of land shown upon that certain record of survey recorded April 29, 1969 in said Recorder's Office in Book 105 of Maps, Page 37' thence Southeasterly in a direct line to a point on the Westerly line of said 1.004 acre parcel'of land, said point being South 1 ° 10' West 125.00 feet distant from the point of beginning of this description; thence North 1° 16' East along said Westerly line to the point of beginning. - • • • APN: 336-40-063. • . , • • EXHIBIT "A" CONSERVATION EASEMENT All that certain property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being portion of Lot 1 as shown on the.Record of Survey recorded in Book 78 of Maps,Page 53 in Santa Clara County Records. Commencing at the southeasterly corner of Lot 1 of the Record of Survey recorded in Book 78 of Maps, Page 53 in Santa Clara County Records, State of California;thence N41°02'W 82.45 feet; thence N36°26'W 122.85 feet to the point of beginning of this description;thence S63°42'W 28.00 feet;thence S87°06'40'W 74.32 fet;thence N63°42'E 90.92';thence S36°26'E 30.00 feet to the point of beginning. • c3 `AD SUS = O RECEIVED y e NOV 231998 Exp. sT N2 L6713 . TOWN OF LOS ALTOS HILLS ATF OF CAS\F��� ` - 0 c r1E}ZVATh FA56 M L N T Av �NvA ,ioP\•ti I • \\\• 1 \ . SCA LF : r' - GO' I . y , / s.1... \ / 9/-Ae \ ° z /� . / .371 / o v \C /aD• ./dew `o, y \ LE6 ExD �,l f -s: E •o E3. . PPHN 0.F - i v.- 6-5 '- v)-7/1 . . `�� C4NSf F:`14-fl ori J '03 ' 0 LOT i � �l�. 78PG. 53 • �T e S,, q7 /\ 5s,... 4...2 .1 - \ o q� 'vJ Sf� I.AND4op , r \C,� P Go w vo •. o PREPARED EY: • a , VW EUGINEEKING , NC, 11 im7 EXP. * p o�, 51 CA VALLEY WAY ,p), \‘;i,. Z cb NIILPITA5 CA-95035 41'4- OF CAt- 2' pct N2 L671 TE 1..N0,1 ---348 N EXHIBIT "B"