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Home My WebLink About45-97 RESOLUTION NO. 45-97 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 FRED W. CARNES and CAROLYN M. CARNES 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 FRED W. CARNES and CAROLYN M. CARNES . 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 FRED W. CARNES and CAROLYN M. CARNES. PASSED AND ADOPTED this 16th day of July , 1997 . By: Mayor ATTEST: City Clerk 3\lah\res\carn-ea.res , • • DOCUMENT: 13791019 Titles: 1 / Pages: 8 This Document is Recorded For the Benefit of the Fees. .Taxes. . No Fees Town of Los Altos Hills 111 . . And is Exempt from Fee Per Government Code '0013781019w Copies. . Sections 6103 and 27383 AMT PAID When Recorded, Mail to: BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 7/25/1997 Town of Los Altos Hills Recorded at the request of 2:22 PM 26379 Fremont Road City Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this 3rd day of y , 1997, by and between FRED W. CARNES and CAROLYN M. CARNES, husband and wife as joint tenants, (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 commonly known as 14090 Tracy Court and more particularly described as follows : Parcel 2 as shown on that Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 16, 1978, in Book 425 of Maps, pages 3 and 4 . 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 adopted Town' s General Plan and in the best interest of the Town. 1 3\lah\re\carn-ce.agm { 411 411 • • D. Both 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 . 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 on as Exhibit A 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. Owner, for the direct benefit of the Property described herein and of the Owner, 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 2 3\lah\re\carn-ce.agm • 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 . 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 3 3\lah\re\carn-ce.agm . • , • • binding upon and 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 : �-3'' 7`� , 1997 RED W. CARNES f Date : -7/6/7:7 , 1997 CAROLYN M. CARNES TOWN OF LOS ALTOS HILLS Date : July 17 , 1997 ..8L: Mayor its ATTEST:( City Clerk • 4 3\lah\re\carn-ce.agm • • 111 STATE OF CALIFORNIA ) ) ss : COUNTY OF arli-a CLara) On 3 , 1997, before me, the undersigned Notary Public, personally'appeared FRED W. CARNES, - — .wn o 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 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 . SUZANNE DAMS ornia Q — ° Commission#1081074 E �r;.*e- • ` Cautly �� M Santa Clara County, Y Comm.Expires Dec.17,1999 STATE OF CALIFORNIA ) ss : COUNTY OF (I&va) On Ci(_Ay 3 , 1997, before me, the undersigned Notary Public, personally/appeared CAROLYN M. CARNES, e- - ... k.. . . 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 t1e entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . '"'" SUZANNE DAVIS 44-49i Commission#11081074 z 49: Notary Public—Califomla z r• V Santa Clara County Signature My Comm.Expires Dec 17,1999 5 3\lah\re\carn-ce.agm • • B & H SURVEYING, INC. formerly R.C.HUTTON&ASSOCIATES 901 WALTERMIRE ST•BELMONT.CALIF.84002•(415)63T-1690•FAX(416)657-1069 EXN 151—r "Ac" I OF 2 LEGAL DESCRIPTION Conservation Easement A portion of Parcel 2, as shown on that Parcel Map filed August 16, 1978 in Book 425 of Maps, at pages 3 and 4 in the Office of the Recorder of the County of Santa Clara, State of California, described as follows: Beginning at the norheasterly corner of said Parcel 2;thence along the easterly line thereof South 21° 48' 50"West, 88.48 feet to the southerly line of that parcel of land described in the deed to the City of Palo Alto recorded in Book 5797 of Offial Records, at page 670, Santa Clara County Records;thence along said southerly line North 72° 02'29"West, 187.00 feet;thence leaving said southerly line as follows: North 11° 57'48"East, 24.93 feet;northerly along a curve having a radius of 105.00 feet, concave to the east,through a central angle of 15° 31'34", an arc length of 28.45 feet;North 27° 29'22"East, 34.73 feet and northeasterly along a curve having a radius of 15.00 feet, concave to the southeast,through a central angle of 90° 00'00", an arc length of 23.56 feet to the northerly line of said Parcel 2;thence along said northerly line South 62° 30'38" East, 77.73 feet;thence South 72° 54'38"East, 95.00 feet to the point of beginning. , And containing 17,310 square feet or 0.397 acres, more or less. `Dtv LAPID SG`� PAUL CAWUMAY Ij'k No. 3272 em. 6- r .r, ARASTRADERO ROA v0 = 90°00'00" 0 S 62°30'38" E00' 20.00' 77.73' S 72°54'38' E 95 f_ = 31.42' p = 90°00'00' R =r71-5-.-00'.---- -- �,0' P U.E. _ _ w = 23.56' --____\ _- -- — - N W N °N N nN N MIt STORM DRAINAGE E A S E M E N T Z N 03 a0 * N ZPROPOSED •CONSERVATION EASEMENT c N ° 0 17,310 SQ. FT.± II 77. silt) d -Ik \ 0 F BANK _ _______ . .z„____/ _______E x J Z 20' SANITARY SEWER EASEMENT ` t `� (5997 OR 670) 187.00' c �. N 72°02'29 W 1_12a NEN - 10' P.U.E. rn I E XISTING HOUSE LC, LA PARCEL 2 425 PM 3-4\).0....4. 4 1.00204 ACRES \ SLOPE EASEMENT \ CO = 48°11'0 Cfl G 20.00' 1 I73 L - \ o 41 0 = 78°38'45" ` 1 cv� GF R = 40.00' I f PAUL CANUMAY o L = 54.91' No. L 3272 I / Exp. 6-30-00 �f•ifTF OF CAS\F%*- °34 N / N1 45 W rJ�,1 �g.03, Lig N 76°30'00 W 82.00' B & H SURVEYING, INC. PROFESSIONAL LAND SURVEYING 901 WALTERMIRE ST.. BELMONT, CA 94002 (415) 637-1590 TITLE: PLAT ACCOMPANYING LEGAL DESCRIPTION CITY: LOS ALTOS HILLS COUNTY: SANTA CLARA COUNTY CAUFORNIA SURV: WH; HF SCALE: 1'=30' FOR: JOB NO. PLAT: BGT DATE: 06/25/97 FRED AND CAROLYN CARNES 3839-97