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Home My WebLink About47-00 • • RESOLUTION NO. 47-00 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 BOYD 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 Boyd, Robert Boyd and Kim Boyd. 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 Boyd, Robert Boyd and Kim Boyd. PASSED AND ADOPTED this 20th day of July , 2000. 401/ / r M•yor ATTEST: • City Clerk N:\DATA\Clients\L\LAH\Projects\Boyd\Cons-Eas-agm.RUT • DOCUMENT: 15341 Titles: 1 / Pages: 8 Fees. . . .. No Fees II 0 III 11111 III 111111 I II This Document is Recorded Taxes. . . For the Benefit of the Copies. . Town of Los Altos Hills0015341692 AMT PA i D And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 001/016 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 8/02/2000 Recorded at the request of 2:24 PM 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 I ( day of :5un� 2000, by and between David Boyd, Robert Boyd and Kim Boyd (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 12150 El Monte Ave and more particularly described as: The 1.413 acre parcel of land as said parcel is shown on that certain Record of Survey filed for record December 2, 1953 in • Book 47 at page 2, 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\Boyd\Cons-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 opening fencing which allows for the unobstructed 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\Boyd\Cons-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: /3 , 2000 David Boyd Date: 1421161 , 2000 Robert Boyd Date: '/.((.6' , 2000 / • Ki, 'BoydAli akti. • LTO Date: July 20 , 2000 , Mayor ATTEST: City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Boyd\Cons-Eas.AGM • • STATE OF CALIFORNIA ) ) ss: COUNTY OF ' ) On Is , 2000, before me, the undersigned Notary Public, personally appeared T:� Q , personally known to me (ef-proved-to-me--on-the-base of 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,orthe entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DARLENE P.O'DONNEIL CommisslOn i 1126743 9 �/�;�, % ,e Notary Public—CaNOmb Signat re Lw .er 0 • +1/ r `z,.^) MySan Expires 12.2001 r STATE OF CALIFORNIA ) ) ss: COUNTY OF •ria-rs\N'-f\ r-, On �c.DV Lam , 2000, before me, the undersigned Notary Public, personally appearedF &cZ1.1, personally known to me (or proved to me on the basis of satisfactory evidence)to be thug pii%-son whose name is subscribed to the within instrument and ac nowledged to me that t#epexecuted the same in torr authorized capacity,and that by ignature on the instrument the person, orthe entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature - ri AT STEVEN A.WAGNER r,,,� ��'' comm. �1i45023 z . �"c, NOTARY PUBLIC-CALIFORNIA An -v`'+, " SAN MATEO COUNTY E My Comm.Exp.July 1,2001 timinassi ueu9eLeu nsu azursimaximans93ueue9® 1, 4 N:\DATA\Clients\L\LAH\Projects\Boyd\Cons-Eas.AGM • • STATE OF CALIFORNIA ) ) ss: COUNTY OF`=' c--t1Atr y On v L( , 2000, before me, the undersigned Notary Public, personally appeared d 1 ?Dow, personally known to me (or proved to me on the basis of satisfactory evidence)to be thetpgrson whose name is stipggibed to the within instrument and acknowledged to me that hey 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 eineeeeasaaeeaaaaaaa tiYe Mumeaaseenno STEVEN A. WAGNER , ff COMM. #1145023 F +; NOTARY PUBLIC-CALIFORNIA i, ,,G SAN MATEO COUNTY My Comm.Exp.July 1,2001 a l�eaaaeaaeaaeaaeeaaeaaeeaaeaeeaaeaaaeomum®eeaeoeae® 5 N:\DATA\Clients\L\LAH\Projects\Boyd\Cons-Eas.AGM • •May 25, 2000 Job#98063 Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION Conservation Easement Lands of Boyd All that real property lying within the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the 1.413 acre parcel of land as said parcel is shown on that certain Record of Survey filed for record December 2, 1953 in Book 47 at page 2, Santa Clara County Records, described as follows: All that portion of said 1.413 acre parcel lying westerly of the following described line: Beginning at a point on the northerly line of said parcel distant South 85°23'50"West 90.00 feet from the easterly terminus of the course designated North 85°23'50"East 141.93 feet on said Record of Survey; Thence leaving said northerly line, South 4°36'10"East 133.92 feet to a point on the southerly line of said 1.413 acre parcel. Legal Description prepared by Kier& Wright, Civil Engineers & Surveyors, Inc. „ 0 Vii ` Date �.,� Z'S7 6C.) ie % Ng.\44- 95\\ �� ichael L. May 6947 /EXP.9-30-0 NO. 6967 �ix, OF CA�1F�_ EXHIBIT A-1 F:\PROJECTS\98063\conservation.doc • • • LINE TABLE: LINE BEARING DISTANCE LI N 49°01' 30" E 60. 22' is L2 N 77°08' 00" E 63. 24' L3 N 74°23' 00" E 63. 79' �oAll L4 N 58°53' 00" E 31. 61' L5 N 01°53' 50" E 10. 07' L6 S 70°41' 10" E 65. 46' L7 S 23° 16' 10" E 46. 00' P� O 1 4. k>it \ n'N n n `4.6�_ —141.93'_' `` J N��2 0 N :5'23'50" �7 tv -N 0.G o L3 ---._.-90.00�� 36 10 E E� `2 / // 1.413 ACRES X49 9, y 0 ��g / // r. POINT OF BEGINNING i sE E / / CTS R CV / A R E:C OR D OE. '''''''.'s'''.--. / ��ySi 223'313 K7 // / 22.30' W N 86.21'50" W 439.65' —/—/ ////// 51 6.22 40 b i i„a; :fr,„:„\i,, , , 1.1:- 4 za.'4, 4( 1 it• -/ . v,,,, 1 41110,40°"*- 'P.-NO. 4,",67 EXHIBIT A-2 e. OF CF��F� , a DATE MAY, 2000 PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE CONSERVATION EASEMENT 1" = 100' 1 LOS ALTOS HILLS LANDS OF BOYD CALIFORNIA DR. BY CSS QiiK I ER & WRIGHT JOB 98063 EXHIBIT A CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408)727-6665 Santa Clara, California 95054 FAX (408)727-5641 2 OF 2 I:\dwg\98063\conservation.dwg MAY 25, 2000 3:01 PM