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Home My WebLink About47-97 411 1� • A RESOLUTION NO. 47-97 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 WILLIAM K. LEACH & PATRICIA M. LEACH WHEREAS, the City Council of the Town of Los. Altos Hills has read and considered that certain Agreement ("Agreement" ) between the Town and William K. Leach and Patricia M. Leach. 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 William K. Leach and Patricia M. Leach. PASSED AND ADOPTED this 16th day of July , 1997 . By: �/- Mayor ATTEST: City Clerk 3\lah\res\leac-ea.res � . n • 1110 DOCUMENT: 13791021 Titles: 1 / Pages: 8 This Document is Recorded For the Benefit of the Fees. . . . No Fees Town of Los Altos Hills III I 1111 111 Taxes. . And is Exempt from Fee Copies. . Per Government Code ■0013791021 AMT PAID Sections 6103 and 27383 When Recorded, Mail to: BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 7/25/1997 2:22 PM Town of Los Altos Hills Recorded at the request of 26379 Fremont Road City Los Altos Hills, CA 94022 - Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this ESrd day of d Ju , 1997, by and between WILLIAM K. LEACH and PATRICIA / M. LEACH, 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 11985 Magdalena Avenue and more particularly described on Exhibit A hereto. B. Town has adopted . a General Plan and, pursuant thereto, may accept grants of conservation and open space easements bn 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. 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 1 3\lah\re\leac-ce.agm 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 B 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 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 2 3\1ah\re\leac-ce.agm . . • • 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\leac-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 . OWN / 2ezDate : -,� "' 1997 � WILLIAM K. LEAC,. Date: 7r3 " , 1997 n`<< .. PATRICIA M. LEACH TOWN OF LOS ALTOS HILLS Date : July 17 , 1997 Mayor ATTEST: City Clerk 4 3\lah\re\leac-ce.agm 111 • STATE OF CALIFORNIA ) ) ss : COUNTY OF &)ka Cara ) On () IA v , 1997, before me, the undersigned Notary Public, personally/appeared WILLIAM K. LEACH, 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 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 . "`Q SUZANNE DAVIS Commission#1081074 �� Notary Public—Callfomia z '`tl^�'f(r Santa Clara County `�� My Comm.Expires Dec 17.1999 Signature � STATE OF CALIFORNIA ) ss : COUNTY OF Sqn (_'ic r On d(,(,( ?J , 1997, before me, the undersigned Notary Public, personally ippeared PATRICIA M. LEACH, 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 . SUZANNE DAVIS ti�,� CommIssion#1081074 z E ` ; i Notary Public—California g tr nlr� ��,' Santa Clara County �`.�� .r My Comm.Expires Dec 17,1999 Signature 5 3\lah\re\leac-ce.agm • • RECEIVED EXHIBIT A JUN 061997 • TOWN OF LOS ALTOS HILLS APN 336-19-032 Date: May 15, 1997 Requested by: Prepared by: A. L. Bliss Engineering, Inc. Checked by: . Approved by: CONSERVATION EASEMENT LEGAL DESCRIPTION OF THAT REAL PROPERTY ESTABLISHED AS A CONSERVATION EASEMENT AND BEING A PORTION OF LOT 8 OF THE • "SUBDIVISION OF THE HALE RANCH IN THE SAN ANTONIO RANCHO" LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA Being a portion of real property situated along the southeasterly line of lands now or formerly owned by Mr. &Mrs. William Leach, and being a portion of Lot 8 as shown on that certain map entitled "Subdivision of The Hale Ranch in the San Antonio Rancho," the same being a portion of that certain Parcel shown in the "Record of Survey" as recorded June 26, 1957 in Book 80(Maps)Pg. 53 in the Santa Clara County Records, and as shown on the accompanying "Exhibit of Conservation Easement Affecting A Portion of Lands of: Mr. &Mrs. Wm. Leach," more particularly described as follows: Beginning at the most easterly point on the Southerly sideline of said above referenced parcel, said point being the TRUE POINT OF BEGINNING; Thence, from this TRUE POINT OF BEGINNING, northwesterly along the southerly sideline having a bearing of S 89°13'50" E a distance of 32.16 feet to a point, thence,northerly and northeasterly along a curve to the right having a radius of 65.00 feet through a central angle of 55°34'05" an arc distance of 63.04 feet to a point of intersection with the northeasterly sideline of said parcel, thence, southeasterly along said sideline having a bearing of S 35°12'05" E, a distance of 39.37 feet to the most eastern point of this parcel, thence, southwesterly along the southeasterly sideline along a bearing of S 40°11'30" W, a distance of 28.00 feet to the TRUE POINT OF BEGINNING; and containing 1702 square feet, more or less. - 4 Q�pFE 1,1�j END OF DESCRIPTION ;`/;$4994_0"' $ , • : Legal Description Prepared By: _ � o.26114 aa J'> C . ! �S/'Jae !7 9TFOF CALIF Arthur L. Bliss, PE RCE 26114 to . .._ • , Basis of Bearings for this exhibit is the Record of Survey \ EXHIBIT OF CONSERVATION EASEMENT Recorded February 18, 1948 in Vol. 16 of Maps, Page 52 ,\\ AFFECTING A PORTION OF LANDS OF: the Santo Clara County Records. < Mr. & Mrs. Wm.LEACH [a] per R.O.S. Bk.80(Mops),Pg.53 \ 11985 MAGDALENA AVE, LOS ALTOS HILLS d [c] calculated distance 9G. 52 \\ COUNTY OF SANTA CLARA, CALIFORNIA PS, \ \\ (APN 336-19-032) 16 MP „� RAS 3�5� moo\ 9GF 2 . /' o... s / APN 336-19-033 ,\ <A G<A \ G S' .. S83'36'501'E0 213.24' `r \ \ GRAPHIC SCALE ul 0, \ 7 4 T m s i • (�rar) fL �0, \ (aW W IMOD of I WA ea Mall) / kiO \ ' / <\a •Q \Y/ / y° / �&S% / F.o ' 4) ,/ r7, / yes q C5 / ti Os,, / (° J� °°Qy1 // a0 APN 336-19-032 F \V' NIP / SS10, ., O.'cP /s / yon °°,� o /Nh Q'4Q• 1 .i moo. a' / esti �°��•4 /.��• ;O 'R/iH •/L. eyG` 6'' O ✓ Gross Area = 43,557 Sq.Ft.(1.000 Ac.) ',. '7' 57/ °yew p`' h/ B S (Conservation Easement = 1,702 Sq.Ft.) r'�. �`' e, N /,,y> / , N.. 6114 vo NET AREA = 41,855 Sq.Ft.= 0.961 Ac. 6, 9 //�� Exp3/31/98 * 41110 o / .�'`/ bp (i ,rf9 CIVIL �`Q H co 'AD ere e•�- // it 4.I OI, O —I sv°�� A. L. BLISS ENGINEERING, INC. 190.931c] / 32 1 6'`1'; __j Consulting Civil Engineers S8913 50 W 223.09'k] 223.111a] 12450 CURRY COURT (406) 673-0900 SARATOGA, CA 95070 FAX(495)996-1644