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Home My WebLink About08-00 t • • • RESOLUTION NO. 8-00 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT AT 25400 LA LOMA DRIVE, LANDS OF DENNY WHEREAS, the City Council of the Town has read and considered that Agreement for Conservation Easement between George V. Denny III and Barbara L. Denny and the Town; • NOW,THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town of Los Altos Hills hereby accepts the grant of conservation easement set out in the Agreement for Conservation Easement; Section 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Agreement.for Conservation Easement, a copy of which is attached hereto. PASSED AND ADOPTED this 6th day of January , 2000. • / By: •yor ATTEST: City Clerk • • This Document is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 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 23 day of Dece+...bee , 1999, by and between George V. Denny III and Barbara L. Denny, Trustees of the Denny Revocable Family Trust dated December 13, 1990 as to an undivided 80% interest and Andrienne Hetzendorfer, Trustee of the Barbara L. Denny and George V. Denny III Charitable Remainder Unitrust as to 20% a undivided interest,("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 25398 La Loma Drive 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 conservation easement to be a 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. 1 N:\DATA\Clients\L\LAH\Projects\DennyVentura\Cons.eas • 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 Exhibits B-1 and B-2, 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 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 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, otherthan open-style lawful fences, including but not limited to split rail fences, to allow for the migration of local wildlife. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent withthe purposes of law and not incompatible with maintaining and preserving the natural character of the land. 2 N'\DATA\Clients\L\LAH\Projects\DennyVentura\Cons.eas • 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. OWNER Date: r4l0+1if £3 , 1999 `eo :•= V. Denny "Tru tee Date: �z3, 1999 Barbara L. Denny, Trustee Datee52.0w4rcn 1999 A ldrienne Hetzend4 er, T, st•-e kw N OF L LTOS HILLS 2000 Date: January 6 , 1-999- Mayor ATTEST. - �- City Clerk 3 N:\DATA\Clients\L\LAH\ProjectslDennyVentura\Cons.eas • • . STATE OF ) ) ss: COUNTY OF 1-IA QQi c ) On hze,,4er 23 , 1999, before me, the undersigned Notary Public, personally appeared Calf VA,,4y_,xrpersonally known to me (or proved to me on the basis of satisfactory e'idence).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. -r 1 42 r+r-o-T .T I►T A/*ell FRANK E.BIVENS > NotaryPubllc / .Signa STATEOFTEXAS My Comm.Exp.10 21.2001 STATE OF A ) ) ss: COUNTY OF 14.AR Rt s ) On 1999, before me, the undersigned ed NotaryPublic, personally appeared 5 44(.J.,rn yri 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 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. - 1.401-4,14.1-•+•r-•14-14,1.� FRANKE.BIVENS. ' / +►� ' Signatur: - °��. ' _ STANotarypublic TEOF1EXAS My Comm.Exp.10.21.2001 'h • 4 N:\DATA\Clients\L\LAH\Projects\DennyVentura\Cons.eas • i'erxas -9-13* STATE OF ) ' ) ss: COUNTY OF g4,Q,2,,S ) On Peceo4o. 21 , 1999,. before me, the undersigned Notary Public, personally appearedAdi;t„acyezeX4a56-rsonally 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 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. bs FRANKE.BNS 1 'r.,u_°` ° SR NS y:.tib j STATE OFTEXAS Sign "'', My Comm.Exp.10.21.2001 • • • • • • 5 N:\DATA\Clients\L\LAH\Projects\DennyVenturalCons.eas 0 ' • CONIERVAT/ON TAJLE �l? 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