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Home My WebLink About24-00 RESOLUTION NO. 24-00 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOSILL H S APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE OWEN COMPANIES 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 The Owen Companies, 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 The Owen Companies, a California Corporation. PASSED AND ADOPTED this 6th day of April , 2000. By: Mayor ATTEST: City Clerk N:\DATA\Clients\ULAH\Proiects\Owen\ConservEas.R UT w\ • DOCUMENT: 15214527 Titles: 1 / Pages: 8 HI mill Fees. . . .. No Fees This Document is Recorded Taxes. . . For the Benefit of the Copies. . Town of Los Altos Hills xiee15214527A AMT PAID And is Exempt from Fee Per Government Code ,. • RDE # 002/015 • Sections 6103 and 27383 BRENDA DAVIS ' SANTA CLARA COUNTY RECORDER 4/14/2000 When Recorded, Mail to: ' i Recorded at the request of 11 12 AM City 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 /g�c,Q , Xezzp 2000, by and between The Owen Companies, 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 27466 Sunrise Farm Road, Los Altos Hills, CA 94022 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. 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 N:\DATA\Clients\L\LAH\Projects\Owen\ConservEas.AGM ` ' 4\ • 1 • • 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, 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 right of the Owners to construct any structures other than septic field lines; and c. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristic of the land; and d. against the grading of land otherthan attendant to permitted uses;and e. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and f. against any plantings other than native vegetation; and g. 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\Owen\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. OWNER: The Owens Companies Date: V2-4 , 2000 By: Title: T OF LO S HILLS Date: April 6 , 2000 Mayor ATTEST: , City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Owen\ConservEas.AGM • • STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On( t,. , 2000, before me, the undersigned Notary Public, personally appeared ,f/9iv ' A:20E4A 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. CAROLeai 0OMM.#1174276 WITNESS myhand and officialseal. $4NoTZtRNIA011�^. 2 y, SANTA CLARA COUNTY n ,iii opss COiV M EXP.FEB.24,2002 4. STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On , 2000, before me, the undersigned Notary Public, personally appeared , 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 4 N:\DATA\Clients\L\LAH\Projects\Owen\ConservEas.AGM • ' • Ill • Exhibit A • LEGAL DESCRIPTION The land referred to in this Report Is described as follows: All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Lot 3, as shown on that certain Map of TRACT NO.4180 SUNRISE FARMS,which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on July 29,:1966, in Book 212 of Maps,Page(s) 50 and 51. APN: 182-11-063 ARB:182-11-63 4111 Exhibit 2A 0 r Giuliani & Kull , Inca Engineers • Planners • Surveyors San Jose - Oakdale - Auburn RECEIVED MAR 0 6 2000 TOWN OF LOS ALTOS HILLS • February 28, 2000 JOB NO. 99182 LEGAL DESCRIPTION CONSERVATION EASEMENT - -- - - - - -- 27n6 SLTl`:I'.ISE FARM ROAD - • ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF LOT 3 AS SAID LOT IS SHOWN ON THAT CERTAIN MAP OF TRACT 4180 WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JULY 29, 1966 IN BOOK 212 OF MAPS AT PAGES 50 AND 51, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE HEREINABOVE DESCRIBED LOT 3; THENCE ALONG THE WESTERLY LINE OF LOT 3 NORTH 25° 22' 37" WEST 88.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 79° 54'28 EAST 118.00 FEET; THENCE NORTH 47° 36' 14"EAST 68.00 FEET TO A POINT IN THE EASTERLY LINE OF LOT 3; THENCE ALONG SAID EASTERLY LINE SOUTH 29° 55' 01"EAST 110.00 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF LOT 3 THE FOLLOWING COURSES: SOUTH 71° 30'30" WEST 65.43 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET THROUGH A CENTRAL ANGLE OF 4° 45'27" AN ARC DISTANCE OF 5.81 FEET; THENCE TANGENT TO THE PRECEDING CURVE SOUTH 76° 15' 57" WEST TO THE POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT, CONTAINING 16,212 SQUARE FEET,MORE OR LESS. 0,10 soiik END OF DESCRIPTIONcu 93\ *�1Q Nfl 1.5792 o44- OF CP�� 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004 ,.' , Exhibit 2B / rn f -con SUNRISE ROpD) / ni (PRI VA TE - L-141.°9 902" 56o '3 "E , / \PSS(�i \4.00 " g7 7aFke! )40 co �' _35.11 0 ici �'11 . .v- Lg500 o , :::i ..,- R- . ,31" o 'Esp. .5:0Y-Ir * 0-2170kit' plc. 1,5792 z 0 pglk.OF CAV'\F Z cr cr TV CAV • LOT 3 \ \ rolINE• TRACT 4180 SUXsN�� \ \ rn ; \ vN 6a 0o c 00 D 4' i�k� V.0 N79 54'28"E 118.00' 1'1° SCALE: 1"=50' \ 11 a, \ A AN Oz. \ 410Air S7615'57"W 119.32 S7130'30"W 65.43' - - -- - - - - - - NATOMA L=5.81 R=70.00 ROAD . A=04'45'27" r Giuliani & Kull,Inc. SCALE: 1"=50' PLAT TO ACCOMPANY ♦ DATE: 02/25/00 13:56 LEGAL DESCRIPTION Engineers • Planners • Surveyors DRAWN: E.T. CONSERVATION 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. (408) 615-4000 Fax (408) 615-4004 FILE: PLAT.DWG EASEMENT . Auburn • San Jose • Oakdale E:\1999\99182\ LOS ALTOS HILLS, CALIFORNIA N. JOB # 99182