HomeMy WebLinkAbout26-00 •
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RESOLUTION NO. 26-00
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
DAVID P. RYAN & STEPHANIE E. TRIFELOS
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
David P. Ryan, an unmarried man and Stephanie E. Trifelos, an unmarried woman.
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 David P. Ryan, an unmarried man and Stephanie E. Trifelos, an
unmarried woman.
PASSED AND ADOPTED this 18th day of May , 2000.
By:
Mayor
ATTEST:
City Clerk
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DOCUMENT: 15288432 Titles: 1 / Pages: 9
This Document is Recorded Fees. . . . No Fees
For the Benefit of the 111 111 11 I II Taxes. . . --
Town of Los Altos HillsCopies. .
m0015288432 • AMT PAI D
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383 BRENDA DAVIS RDE # 102/015
SANTA CLARA COUNTY RECORDER 6/22/2000
When Recorded, Mail to: Recorded at the request of 9:34 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 18th day of May
2000, by and between David P. Ryan, an unmarried man and Stephanie E. Trifelos, an
unmarried woman (collectively "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 13581 Wildcrest 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 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 includinggrading,vegetation removal, and erosion, recognizing that
p 9 9, 99 9
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 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 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 septic field lines.
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.
OWNER
Date: Gt, , 2000
( David P. Ry. /;/',
t- . anie E. Trifelos/
TON OF(LOS ALTOS HILLS
Date: May 18 , 2000 ��
Mayt1f
ATTEST: �-�—
City Clerk
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•
STATE OF CALIFORNIA )
w+ ) ss:
COUNTY OF�`arThaCI c1r&)-
On I , 2000, before me, the undersigned Notary Public, personally
appeared avid,s __ ori personally known to me (or proved to me on the basis of
satisfactory evidences 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 h nd and official seal.
Comm.$1200779
Signature - va 1^V'f•, �'cal NOTARY PUBLIC-CALIFORNIA k;1.!Santa Clara County
:,�_ My mm. Expires Nov.5,2002
STATE OF CALIFORNIA )
) ss:
COUNTY OF S001-461°t-re)--'
On Inat , 2000, before me, the undersigned Notary Public, personally
appeared.S4e heou e-EaTr',fpe`i5sonaliy 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. *. ,y=: S. MANIBUSAN
`► J^ Comm.I 1200775 fq
Signature �: ' NOTARY RUM-CALIFORNIA Wt
Santa Clara County
Expires Idov. ,2001°i
STATE OF CALIFORNIA ) ._ ._ _5__.
) 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
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Exhibit A
REAL PROPERTY in the City of the Town of Los Altos Hills, County of Santa Clara, State of California,
described as follows:
•
PARCEL ONE:
Portion of Lots 17 and 18, Map of the M & M Taaffe Subdivision, filed July 18, 1897 in Book I of Maps,-page
72, Santa Clara County Records, and as shown on the Map of Record of Survey filed August 18, 1954, Book
49'of Maps, page 38, described as follows:
•
Commencing on the Northwest line of Robleda Avenue, 40 feet wide, at the most Easterly corner of the parcel
of land described in the Deed to Robleda Water Association, a corporation,recorded July 24, 1951, Book 2255
Official Records, page 233; thence from said point of commencement along the Northeast line of said Robleda
Water Association parcel N. 78° 47' 10"W. 48.08 feet to the Northerly corner thereof; thence along the
Northwest line of said Robleda Water Association parcel and the Northwest line of the parcel of land described
in the Deed to Wells Fargo Bank & Union Trust Co., a corporation, recorded July 14, 1934, Book 690 of
Official Records, page 448, S. 28° 22' 30" W.62.34 feet to the most Westerly corner thereof on the line
dividing Lots 16 and 18 as shown on said Map of the Subdivision'of Lot 4 of the Taaffe Partition; thence along
said dividing line N. 83° 32'43"W. 31.08 feet, N. 85° 02' 43" W. 78.92 feet, S..84° 12' 17"W. 87.48 feet, N.
64° 02' 43" W. 59.15 feet, and S. 75° 12' 17" W. 102.50 feet to the actual point of beginning, from which an
iron pipe bears N. 4° 23' 30" W. 30.64 feet; thence from saidpoint of beginning continuing:along the line
dividing said Lots 16 and 18, S. 75° 12' 17" W. 32.33 feet, S. 63° 42' 17" W. 60.50 feet and S. 53° 12' 17" W.
82.17 feet to the common corner for Lots 17 and 18 in the Northwesterly line of Lot 16, as shown on said Map
of the Subdivision of Lot 4 of the Taaffe Partition; thence along the line dividing said Lots 16 and 17, S. 59°
34' 34" W. 12.70 feet to a point from which an iron pipe bears:N. 21° 23' 10" W. 12.00 feet; thence N. 21° 23'
10"W. 262.70 feet to an iron pipe in the Southeast line of the 1.912 acre parcel of land described in the Deed
to Gilman B. Haynes, et ux, recorded June 7, 1949, Book 1799 Official Records, page 74; thence along the
Southeast line of said 1.912 acre parcel'of land N. 50° 28' 50" E. 91.85 feet to an iron pipe and N. 61° 44' 30"
E. 159.84 feet to an iron pipe thence S. 15° 30' 10" E. 125.97 feet to an iron pipe and thence S. 4° 23' 30" E.
167.08 feet to the point of beginning.
PARCEL TWO:
A non-exclusive right-of-way for ingress and egress over a portiori of Lot 17 and 18, Map of the M &.M Taaffe
Subdivision, filed July 18, 1897, Book I of Maps, page 72, Santa Clara County Records, being the parcel of .
land.designated "Private Roadway" on the Map of Record of Survey filed August 26, 1946, Book 9 of Maps,
page 29, described as follows:
Beginning on the Northwest line of Robleda Avenue distant N. 48° 17' W. 20.94 feet from Station RA-13 in the
center line of said Robleda Avenue, as said Avenue and Station are shown upon said Map of Record of
Survey; thence from said point of beginning S. 58°.58' W. along said Northwest line of Robleda Avenue 73.52
feet; thence N. 2° 00' W. 260.25 feet; thence along a tangent curve to-the left, with a radius of 225 feet, an arc
distance of 204.86 feet; thence N. 54° 10' W. 103:31 feet; thence along a tangent curve to the left, with a
radius of 270 feet, an arc distance of 155.51 feet; thence N. 87° 10' W. 252.05 feet; thence along a tangent
curve to the left, with a radius of 75 feet; an arc distance of 93.48 feet; thence S. 21° 25' W. a distance of
39.66 feet; thence along a tangent curve to the left, with a radios of 75 feet, an arc distance of 88.37 feet;
• •
(Parcel Two continued)
thence S. 46° 05' 30" E. 109.78 feet; thence S. 43° 54' 30" W. 60.00 feet; thence N. 46° 05' 30" W. to the
Westerly line of the 17.68.acre tract described in the Deed to Floyd Wilder, et ux, recorded in Book 1246
Official Records, page 29; thence N. 21° 25' E. along said Westerly line 226.91 feet to the Northwest corner of
said 17.68 acre tract thence S. 87° 10' E. along the Northerly line of said 17.68 acre tract, 446.89 feet; thence
S. 54° 10' E. 201.06 feet; thence along a tangent curve to the right, with a_radius of 285 feet, an arc distance
of 259.49 feet; thence S. 2° 00' E. 155.46 feet; thence S. 65° 32' E. 34.64 feet to the Northwest line of said
Robleda Avenue; thence S. 24° 28' W. along said Northwest line 59.96 feet to the point of beginning.
PARCEL THREE:
•
A non-exclusive right-of-way for ingress and egress over a portion of Lot 17 and 18, Map of the M & M Taaffe
Subdivision, filed July 18, 1897, Book I of Maps, page 72, Santa Clara County Records, being a strip of land
40 feet wide, the Westerly line of which is described as follows:
Beginning on the Northeast line of the 1.912 acre tract of land described in the Deed to Gilman B. Haynes, et
ux, recorded June 7, 1949, Book 1799 Official Records, page 74, distant thereon S. 46° 05' 30" E. 200 feet
from the most Northerly corner thereof; thence along the Northeast, Easterly and Southeast lines of said 1.912
acre tract, S. 46° 05' 30" E. 15 feet; thence on a curve to the right, with a radius of 115 feet, through a central
angle of 24° 10' for an arc distance of 48.51 feet; thence on a curve to the right, with a radius of 85 feet,
through a central angle of 83° 40' for an arc distance of 124.12 feet to the most Northerly corner of the parcel
of land described in the Deed to Theodore E. Maneely, et ux, recorded March 23, 1954, Book 2839 Official
Records, page 207, the Southwest terminus of said 40 foot right-of-way being the Northeast line of said
Maneely parcel.
PARCEL FOUR:
An undivided 1/13th interest in and to:
Portion of Lots 17 and 18, Map of the M & M Taaffe Subdivision, filed July 18, 1897, Book I of Maps, page 72,
Santa Clara County Records, being the parcel of land designated "Private Roadway" on the Map of Record of
Survey filed August 26, 1946, Book 9 of Maps, page 29, described as follows:
Beginning on the Northwest line of Robleda Avenue, distant N. 48° 17' W. 20.94 feet from Station RA-13 in the
center line of said Robleda Avenue, as said Avenue and Station are shown upon said Map of Record of
Survey; thence from said point of beginning S. 58° 58' W. along said Northwest line of Robleda Avenue 73.52
feet; thence N. 2° 00' W. 260.25 feet; thence along a tangent curve to the left, with a radius of 225 feet, an arc
distance of 204.86 feet; thence N. 54° 10' W. 103.31 feet; thence along a tangent curve to the left, with a
radius of 270 feet, an arc distance of 155.51 feet; thence N. 87° 10' W. 252.05 feet; thence along a tangent
curve to the left, with a radius of 75 feet, an arc distance of 93.48 feet; thence S. 21° 25' W. a distance of
39:66 feet; thence along a tangent curve to the left,with a radius of 75 feet, an arc distant of 88.37 feet;
thence S. 46° 05' 30" E. 109:78 feet; thence S. 43° 54' 30"W. 60.00 feet; thence N. 46° 05' 30"W. 200 feet
to the Westerly line of 17.68 acre tract described in the Deed to Floyd Wilder, et ux, recorded in book 1246
Official Records, page 29; thence N. 21° 25' E. along said Westerly line 226.91 feet to the Northwest corner of
said 17.68 acre tract; thence S. 87° 10' E. along the Northerly line of said 17.68 acre tract, 446.89 feet; thence
S. 54° 10' E. 201.06 feet; thence along a tangent curve to the right, with a radius of 285 feet, an arc distance
of 259.49 feet; thence S. 2° 00' E. 155.46 feet; thence S. 65° 32' E. 34.64 feet to the Northwest line of said
Robleda Avenue; thence S. 24° 28' W: along said Northwest line 59.96 feet to the point of beginning.
APN: 175-36-021,26
Exhibit B-1
March 3, 2000
Job No. 99-343
LEGAL DESCRIPTION FOR
CONSERVATION EASEMENT
All that certain real property situate in the Town of Los Altos Hill, County of Santa Clara, State
of California, being described as follows:
BEGINNING at the South corner of that certain 1.378 acre parcel of land, as said parcel is
shown upon that certain Record of Survey recorded on August 18, 1954 in Book 49 of Maps,
page 38, Santa Clara County Records;thence from said point of beginning along the
Southwesterly line of said parcel, North 21°23'10" West 127.84 feet; thence Easterly along a
curve to the right, from a point with a radial bearing of North 25°09'30" West, having a radius of
76.00 feet, through a central angle-of 70°02'13", an arc length of 92.90 feet to a point of reverse
curvature; thence along a reverse curve to the left, with a radius of 22.00 feet, through a central
angle of 180°00'00", an arc distance of 69.12 feet to a point of reverse curvature;thence along a
reverse curve to the right, with a radius of 22.00 feet, through a central angle of 121°45'48", an
arc length of 46.75 feet to a point of reverse curvature; thence along a reverse curve to the left,
with a radius of 22.00 feet, through a central angle of 87°56'51", an arc length of 33.77 feet;
thence North 11°18'11" West 86.69 feet; thence Northeasterly along a tangent curve to the right,
with a radius of 60.00 feet, through a central angle of 73°02'41", an arc length of 76.49 feet;
thence North 61°44'30" East 13.58 feet to the East line of said parcel; thence along the East and
South lines of said parcel the following six coursesand distances:
South 15°30'10" East 100.34 feet,
South 04°23'30" East 167.08 feet,
South 75°12'17" West 133.33 feet,
South 63°41'17" West 60.50 feet,
South 53°12'17" West 82.17 feet, and
South 56°34'34" West 12.70 feet to the said point of beginning of this description.
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TS CML ENGINEERING, INC. Ewa MARCH 2000
I 0111190 N. FlRST ST., STE. 101 PLAT TO ACCOMPANY _, f-BO'
SAN JOSE, CA 95113 LEGAL DESCRIPTION FOR o °" YJO
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' CHECKED 0Y: WNJOCIVIL ENGINEERING CONSERVATION EASEMENT
PIM.MGR' TJS
1 PH: 408.9811800 TOLL FREE: 888.327.7070 FAX: 408.993.0882 LOT ALTOS HILLS, CALIFORNIA JOB NUIBEh 99-343