HomeMy WebLinkAbout35-00 . 0
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RESOLUTION NO. 35-00
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 LANDS OF BURGER
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
Bill C. Burger and Patricia E. Burger,Trustees of the Burger Family Trust, U/A dated March
25, 1998.
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 Bill C. Burger and Patricia E. Burger, Trustees of the Burger Family
Trust, U/A dated March 25, 1998.
PASSED AND ADOPTED this 15thday of June , 2000.
.
MayorMOV
ATTEST:
.....
City Clerk
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DOCUMENT: 15299567 Titles: 1 / Pages: 7
This Document is Recorded Taxes. . .
Fees. . . . No Fees
For the Benefit of the11 Copies. .
Town of Los Altos Hills +i6015299567A
And is Exempt from Fee AMT PAI D
Per Government Code BRENDA DAV I S RDE # 021/015
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 7/03/2000
Recorded at the request of 11 30 AM
When Recorded, Mail to: 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 15th day of June
2000, by and between Bill C. Burger and Patricia E. Burger, Trustees of the Burger Family
Trust, U/A dated March 25, 1998 (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 25850 Westwind Way and more particularly described as:
All of Lot 5 and 6, as shown on the certain Map of Tract No.
7010, which Map was filed for.. record in the office of the
Recorderof the County of-Santa .lar s State of California on
May 6, 1981,. in Book 484 of Maps, Pages 6, 7 and 8.
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
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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 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 lawful fences.
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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 eas6ment 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: /.g f 2000 -
Bill C. Bttrger
Pa ricia E. Burger
Till! . _LOS ALTOS .r S
Date: June 15 , 2000 `•• -
' .
Mayor W
C:
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STATE OF CALIFORNIA )
) ss:
COUNTY OF Santa Clara)
On M 31 ay 2000, before me, the undersigned Notary Public, personally
appeared Bill C.Burger, 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 ' ,
L.M. WILSO L.M.WILSON
Ay!
Comm.#1100288
e . g NOTARYPUBLIC CALIFORNIA
2 sv,A :4 SAN MATEO coUNrr
f "'niz7s. Comm.Exp.June 8,2000 r
STATE OF CALIFORNIA )
) ss:
COUNTY OF Santa Clara )
On May- 31_ , 2000, before me, the undersigned Notary Public; personally
appeared Patricia E.Burpg>Gsonally 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 �� ;��yr,; �.M.WILSON
L.M. WILS N U,��(0, ", Comm.01100288 ;;
t�► 8 NOTARY PUBLIC•CALIFFORAUA r.
STATE OF CALIF RNIA ) 2 Nf��w.� MATE uCOMITY
T {
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.
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r Giuliani & Kull , Inc .
Engineers • Planners • Surveyors
San Jose - Oakdale - Auburn
March 17,2000 JOB NO 971: ,13 ‘te
114) .
LEGAL DESCRIPTION -' EV. g _•t'v'
CONSERVATION EASEMENT go. L5792
_ •
2 85LANDS
WESTWIND WAY 47.t. OF C(k\-����
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS
HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PORTION OF LOT 6 AS SHOWN ON THAT CERTAIN MAP OF TRACT 7010 WHICH
MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 484 OF MAPS AT PAGES 6
THROUGH 8; SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6, SAID POINT BEING
COMMON TO LA PALOMA ROAD AND TO LOT 5 AS SAID PUBLIC ROAD AND LOT ARE
SHOWN ON THE HEREINABOVE DESCRIBED TRACT MAP;
THENCE ALONG THE SOUTHERLY LINE OF LOT 6 NORTH 82° 26' 12"WEST 73.00
FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 3° 03'23"WEST 105.81 FEET;
THENCE NORTH 60° 50' 51"WEST 61.15 FEET;
THENCE NORTH 48° 49'01"WEST 74.45 FEET TO A POINT IN THE NORTHERLY LINE
OF PARCEL 6,
THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF PARCEL 6, SAID LINES
BEING THE SOUTHERLY AND WESTERLY LINES OF WESTWIND WAY AND LA
PALOMA ROAD, AS SAID PUBLIC ROADS ARE SHOWN ON THE MAP OF TRACT 7010
HEREINABOVE DESCRIBED,ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIAL BEARING OF NORTH 16° 04' 15"WEST AND A RADIUS OF 100.00 FEET
THROUGH A CENTRAL ANGLE OF 28° 52'45" AN ARC DISTANCE OF 50.40 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00
FEET THROUGH A CENTRAL ANGLE OF 114° 30'00" AN ARC DISTANCE OF 99.92 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00
FEET THROUGH A.CENTRAL ANGLE OF 52° 23'33"AN ARC DISTANCE OF 91.44 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET THROUGH A CENTRAL ANGLE OF 80° 24'21"AN ARC DISTANCE OF 28.07 FEET;
THENCE SOUTH 7° 33'48"WEST 120.18 FEET TO THE POINT OF BEGINNING.
END OF DESCRIPTION.
EXHIBIT A-1
4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004
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1 OF 1
r ` Giuliani & Sull Inc. SCALE: 1"=40' PLAT TO ACCOMPANY
4 DATE: 03/20/00 14:oz 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:\1997\97187\ LOS ALTOS HILLS, CALIFORNIA
EXHIBIT A-2 JOB # 97187