The URL can be used to link to this page

Home My WebLink About53-00 * • RESOLUTION NO. 53-00 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 MOON LANE DEVELOPMENT, LLC • WHEREAS,the City Council of the Town of Los Altos Hills has read and considered that certain Conservation Easement Agreement ("Agreement") between the Town and Moon Lane Development, LLC. 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 Moon Lane Development, LLC. PASSED AND ADOPTED this 20th day of July , 2000. / • M. or ATTEST: City Clerk N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\ConsEas-AGM.RUT • • ,/ • DOCUMENT: 15341694 Titles: 1 / Pages: 7 This Document is Recorded Fees. . . .4, No Fees For the Benefit of the IIIIIIIII Taxes. . Town of Los Altos HillsIII Copies. And is Exempt. from Fee x6015341694 PPer Government AMT PAID e Go ernme t Code Sections. 6103 and 27383 BRENDA DAVIS RDE # 001/016 When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 8/02/2000 Recorded at the request of 2:24 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement, made and entered into this 201•h day of July 2000, by and between Moon Lane Development, LLC("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 13825 Moon Lane and more particularly described as Lot 3 on that certain parcel map,which was filed for record in the Santa Clara County Recorder's Office on July 18, 1996, in Book 679 of Maps, Pages 41 through 44. 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. 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 N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\Cons-Eas.AGM • • 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 Exhibits A and B, 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 it 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. 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. 2 N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\Cons-Eas.AGM • S 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: Moon Lane Development, LLC Date: July 1:0 , 2000 By: �� ,JAW T T V TV Its: { OF ,OS ALTeILL Date: July 20 , 2000 / Mayor ; City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\Cons-Eas.AGM 0 • STATE OF CALIFORNIA .�� ss: COUNTY OF` i/L�/z, (314,A) OnLLL- /D,dODD 2000, before me, the undersigned Notary Public, personally ap ear the -M 1 iv , 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. � '";:rii. ALEIANURA T WAGER ni d .� ,M Comm.u 1154562 NOTARY pueuc-c�ortNu �� . -: _ My CO^�.moires sep 6,2001 4 N:\DATA\Clients\L\LAH\Projects\Wythe-Vitu\Cons-Eas.AGM • 1111 • r Giuliani & Kull , Inc . Engineers • Planners • Surveyors San Jose - Oakdale - Auburn June 26, 2000 JOB NO 6138 LEGAL DESCRIPTION CONSERVATION EASEMENT LANDS OF WYTHE AND VITU LOT 3(PM 679!41-44) ALL THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HELLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 3 AS SAID LOT IS SHOWN ON THAT CERTAIN PARCEL MAP WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 679 OF MAPS AT PAGES 41 THROUGH 44; SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE EASTERLY LINE OF SAID LOT SOUTH 04° 20'00"EAST 99.80 FEET TO THE NORTHERLY LINE OF THE CONSERVATION EASEMENT DEDICATED AND SHOWN ON THE HEREINABOVE DESCRIBED PARCEL MAP, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID CONSERVATION EASEMENT AND THE PROLONGATION THEREOF SOUTH 85° 40'00"WEST 186.04 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID WESTERLY LINE NORTH 04° 20'45"WEST 64.68 FEET; THENCE NORTH 85° 40'00"EAST 186.05 FEET TO A POINT IN THE ABOVE DESCRIBED EASTERLY LINE OF LOT 3; THENCE ALONG SAID EASTERLY LINE SOUTH 04° 20'00"EAST 64.68 FEET TO THE POINT OF BEGINNING ED OF DESCRIPTION. ITI*;07.4,17;' DJ°UYU .. NOe.�L5.7.!2 : % . os- o-oo �9 '•.000.•�‘e = EXHIBIT A 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004 r 4 „ d ' �.. .a...L�:._....,.s 1 . V. .. .. .a:.:sti •. � i:`_ � Vii},..... � ti_....�.._W..�.. r• . .0 POINT OF COMMENCEMENT N85'40'00'E iz 296.05' �o m coNSERVA,710N EA ,• o cn DEDI AVON OI ° 4. , IS O 186.04' (II 585 4p'00'W 6'o 1 QO•r�V?� o0 1 0 0 m 1 0 .: .: -- SCALE:• 1'=50' 1 1 —I TM DRAIN — s 1 (E)EASESMORENT / p' ITARY V V/ OWER EASEMENT 7.-- --- / // ../1--- // (E) CONySERVASANTION / EASEMENT / i --- /7 / / / / / i (E) PATHWAY — / _G-- J / EASEMENT / j _ _ // / (E) PUBLIC UTILITY EASEMENT-� d— EXHIBIT B 1 OF 1 r - SCALE: 1"=50' PLAT TO ACCOMPANY di. Giuliani & Sull,Inc. DATE: 06/13/00 ,a:23 LEGAL DESCRIPTION . . Engineers • Planners.• Surveyors. DRAWN: E.T. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. PROPOSED CONSERVATION (408) 615-4000 Fax (408) 615-4004 FILE: PLAT.DWG EASEMENT Auburn • San Jose • Oakdale E:\1996\6138\ LOS ALTOS HILLS, CALIFORNIA - JOB # 6138