The URL can be used to link to this page

Home My WebLink About28-00 RESOLUTION NO. 28-00 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 JING-JONG PAN 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 Jing-Jong Pan. 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 Jing-Jong Pan. PASSED AND ADOPTED this 1st day of June , 2000. Mayor ATTEST: City Clerk • N:\DATA\Clients\L\LAH\Projects\Pan\Cons-Eas.RUT • ( • �, DOCUMENT: 15288433 Titles: 1 / Pages: 7 This Document is Recorded Fees. . . .* No Fees For the Benefit of the II III I II IIIITaxes. . . • Town of Los Altos Hills m6015288433 Copies. . And is Exempt from Fee AMT PAID 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 1st day of June 2000, by and between Jing-Jong Pan ("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 11481 Magdalena Road and more particularly described as that certain 12.477 acre parcel shown on the Record of Survey recorded March6, 1950 on Book 25 of Maps at Page 46, Santa Clara County Records. 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. 1 N:\DATA\Clients\L\LAH\Projects\Pan\Conserv-Eas.AGM • • 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 A- 1 and A-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 open fencing that meets Town specifications and allows for the free movement of wildlife. 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\Pan\Conserv-Eas.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 Date: , 2000 Jin;:�o � "<:41/ "o ! OF LOS A OS HILLS Date: June 1 , 2000 �_ Mayor ATTEST: ` ,�;� •.= City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Pan\Conserv-Eas.AGM STATE OF CALIFORNI A ) ) ss: COUNTY 0 /- On �.,, , 000, before me, the undersigned Notary Public, personally appea' �j ��., ,Apersonally known to me (or proved to me on the basis of satisfact•f e i• )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. - MARYArwo�►vtt�so>y Can ieston#1106181 •`1 t �? Notay Pubk_CayyaMo P7f Cancra Costa County Signature ^'�' .�n.aaoo 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\Pan\Conserv-Eas.AGM • • RECEIVED Exhibit A-1 MAY 0420130 TOWN OF LOS ALTOS HILLS 99472 Legal Description—Conservation Easement An easement for conservation purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of that certain 12.477 acre parcel shown on the Record of Survey recorded March 6, 1950 in Book 25 of Maps at Page 46, Santa Clara County Records, described as follows: Beginning at a point on.the Southeasterly line of said parcel, said point being distant South 47° 26' 07" West(said bearing being shown as South 45° 28' West on said map), 208.49 feet from the most Easterly corner of said parcel; Thence along said Southeasterly line South 47°26'07" West, 62.78 feet; thence South 48°58'15" West, 134.81 feet; thence, South 61°04'15" West, 63.54 feet; thence, South 74°29'10" West, 144.23 feet; thence, South 68°32'20" West, 38.68 feet; thence,North 65°06'03" West, 81.10 feet ; thence,North 13°40'39" West, 136.83 feet ; thence, South 76°11'49" East, 127.58 feet; thence,North 85°19'07" East, 54.44 feet ; thence,North 60°46'35" East, 84.26 feet ; thence,North 39°2T30"30 East, 54.08 feet , thence,North 01°2225" East, 46.78 feet ; thence,North 31°1220" West, 38.45 feet ; thence,North 63°24'24" West, 100.32 feet ; thence,North 77°58'01" West, 55.08 feet ; thence,North 11°16'37" East, 71.89 feet ; thence, South 78°43'23" East, 267.32 feet ; thence, South 55°12'50" East, 110.04 feet ; thence, South 03°16'35" West, 101.27 feet to the point of Beginning. �. OF SS1p,4 .9 BEYC �4.y No. 31878 Y EX' 12-31-00 \N. % P cAow • Exhibit A-2 0 40 80 160 SCALE. 1" - 80' ,W � ' N00°06'21, 1 250.20 �.,I N1330091 NB31 809 f / -1 0 I s ( IN S 2°4715' r- I 14 U, �f��<! �r� J �5`_o S \ /0) v w••••1 CO -f?: LINE TABLE (5.0 CONSERVATION LINE LENGTH BEARING "S\1s EASEMENT --\ L1 101.27 NO3°16'35"E F` ) L2 110.04 N55°12'50"W L3 267.32 S78°43'23"E g6,°Cla L4 71.89 N11°16'37"E 1"g 8"I k) sl,s� / L5 55.08 N77°58'01"W L6 100.32 N63°24'24"W Z7 / L7 38.45 N31°12'20"W 9 1_1 J L8 46.78 N01°22'25"E L9 54.08 N39°22'30"E L10 84.26 N60°46'35"E `rA ,N 2 L11 54.44 N85°19'07"E QSOFESSIpy c?j�6 N�8 QFO 9! 1, Oj.R9 L12 127.58 N76°11'49"W .�� 6p.EY C Fye c'8, k, L13 136.83 N13°40'39"Wlv� !� L14 81.10 N65°06'03"W a No.31878 y L15 • 38.68 N68°32'20"E * P12-31-00 L16 144.23 N74°29'10"E * L17 63.54 N61°04'15"E '1. ‘..4.° L18 134.81 N48°58'15"E �OFCA�+ L19 62.78 N47°26'07"E illi- /'5k LEA & SUNG ENGINEERING, INC. CO ERVATION EASEMENT CIVIL ENGINEERS • LAND SURVEYORS 11481 MAGDALENNA 26102 EDEN LANDING ROAD, SUITE 1 LOS ALTOS HILLS, CA HAYWARD, CALIFORNIA 94545 (510) 887-4086 FAX (510) 887-3019 COUNTY OF SANTA CLARA APN: 336-41-001 Drawing: N:\projects\99472\DWG\CONS-EASE.dwg