The URL can be used to link to this page

Home My WebLink About56-00 0 . 1 RESOLUTION NO. 56-00 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 MONTEBELLO DEVELOPMENT , LLC 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 Montebello 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 Montebello Development, LTC.' PASSED AND ADOPTED this_ 17t..day_of—August -2000— -- -- ---- - i /- , ATTEST: Ci y Clerk N:IDATA\Clientsll_U.AH\Res\Montebello.nrt .4 DOCUMENT: 1537 Titles: 1 / Pages 9 Fees. . . .* No Fees 111 11111111 II Taxes. . . This Document is Recorded Copies. . For the Benefit of the ■ee15376520* AMT PAI D Town of Los Altos Hills And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 003 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 9/01/2000 Recorded at request re uest of 11 :28 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 17th ..day of August 2000, by and between Montebello 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 27855 Moody Road and more particularly described as Parcel 1, as shown on Parcel Map of a portion of Lot 21 of Blanco Rancho being a subdivision of Lots 3 and 4 Briones Partition La Purissima Conception Rancho, filed August 15, 1968 in Book 241 of Maps, at Page 34, Santa Clara County Records. APN: 182-29-041. 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 1 N:\DATA\Clients\L\LAH\Projects\Copeland\Cons-Eas.AGM 0 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 ree 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 Exhibit A, 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, open fences that allow for the movement of wildlife and an approved septic system, provided these reserved exceptions shall be consistent with the purposes of law maintaining and 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. 2 N:\DATA\Clients\L\LAH\Projects\Copeland\Cons-Eas.AGM • 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 binding upon an inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, thO parties hereto have executed this agreement. OWNER: Montebello Development, LLC Date: �crl/�� , 2000 �` — Its: 4,44w T. LOS `LTOS HI ' Date: August 17 , 2000 ._ Mayor/ ATTEST: --' City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Copeland\Cons-Eas.AGM • • STATE OF CALIFORNIA ) ) ss: COUNTY OFSLt1+aCIQVo..4 On 3-1(.142000,, before me, the undersigned Notary Public, personally appeared d'an .s(,(o a/Gno�, 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,orthe entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. S. MANIBUSAN Comm.#1200719 * - NOTARY PUBLIC-CALIFORNIA 111 Signature / � M Comm.Santa Clara County Y Expires Nov.5,2002— STATE OF CALIFORNIA ) ) 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,orthe entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 4 N:\DATA\Clients\L\LAH\Projects\Copeland\Cons-Eas.AGM o EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED CONSERVATION EASEMENT LANDS OF COPELAND ALL THAT REAL AND CERTAIN PROPERTY IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1, AS SHOWN UPON THAT CERTAIN PARCEL MAP THAT WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON AUGUST 14, 1968,AT BOOK 241 OF MAPS AT PAGE 34,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1 OF BOOK 241, MAPS, PAGE 34; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1 , SOUTH 17°36'40"WEST 246.58 FEET TO A POINT; THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL 1, NORTH 89°03'57"WEST 241.80 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG THE SAID WESTERLY LINE OF SAID PARCEL 1, NORTH 19°48'51"WEST 178.82 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 1, NORTH 84°25'40" EAST 101.44 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY OF SAID PARCEL 1, NORTH 88°11'29" EAST 94.90 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY OF SAID PARCEL 1, NORTH 63°08'20" EAST 84.34 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY OF SAID PARCEL 1, NORTH 83°35'30" EAST 106.60 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 60,328 SQUARE FEET OR 1.385 ACRES, MORE OR LESS. PARCEL 2 BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID PARCEL 1 OF BOOK 241, MAPS, PAGE 34 AND THE NORTHEASTERLY LINE OF THAT 10'-WIDE RIGHT-OF-WAY EASEMENT GRANTED TO THE TOWN OF LOS ALTOS HILLS, PER BOOK 8195 OF OFFICIAL RECORDS,AT PAGE 366, AS SHOWN ON SAID PARCEL MAP PER BOOK 241, MAPS, PAGE 34; THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID PARCEL 1, ALONG THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49°5421"WEST 107.46 TO ITS INTERSECTION WITH THE SOUTHERLY LEG OF THE WESTERLY LINE OF SAID PARCEL 1; SHEET 1 OF 4 THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY, ALONG THE SOUTHERLY LEG OF THE WESTERLY BOUNDARY OF SAID PARCEL 1, NORTH 41°42'17" EAST 172.31 FEET TO A POINT; THENCE, LEAVING SAID SOUTHERLY LEG OF THE WESTERLY BOUNDARY OF SAID PARCEL 1, AT RIGHT ANGLES TO SAID LINE, SOUTH 48°17'43" EAST 64.59 FEET TO AN ANGLE POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL-1, SOUTH 27°30'24"WEST 174.62 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 14,722 SQUARE FEET OR 0.338 ACRES MORE OR LESS. coc(pVPND SU9' N0. 1(7. LS 4' ' Exp. 1AAA OF CPO SHEET 2 OF 4 r• 1 %• .. .....iummiamimili ! P.O.B., PARC. _ 1"=50' f // n ! J ,DBo J 3f +O49‘. PARCP'l J 0 No ;yam `• 4 Vcn t.4 co V N =o az PARCEL l _,...\ (,) \ - CONSBWA770Nr. . a EASSlEIVT 1 �\AS U 2. N rn _ 1385 Ac+ ARK 142-29 06Jcn Q, q \\\\\ rn 9 m S 241 r : 34 z 1 ARK 182-29-04/ �1 SPG• 35�� i •�\ --(4...:(341:71\ 93 µpP ---'�� L 34 �p -BK.1 -'' .0.-- CR Z 0 oN CCQom.14-..- '' PG.;---- /� U 8K• 241 ....3°A-PI: �30 ' _ ff AS sN��Y� ARx >!42 2¢Q5s I— , �SEME 8'�Q M y S,WAD1 1 \ \i I - 605 Castro Street DATE+ 07/06/00 06/00 Mountain YeuU"' SCALE: 1.-500 CONSERVATION EASEMENT SHso 94041-20g DRAWN BY• MHG LANDS OFCOPELAND 1601969-6400 SNp's.NVMBEEJOAPPROVEDBYMHW 3FoxS6ta72 EERTORS RLANNELS DRAWINGNO.. 200116 _LOS ALTOS HILLS CALIFORNIA _ OF 4 SHEETS 0 200116.05 1• \� 1'=50' S02'S2'55'E _ 70.00' 1 r'AR F I i 11'1'BK 2flI • I 1 _A/1A? I. IsIN 1 ez il LOLE LIE EASEMENT JJ r .�1� /PER BK.N559 OR. PG.1 456,VAS SHOWN OONE, B /� K. 241 MAPS PG. 34 Pg 1 s.. o v \. c,y �,,�?mak h-- �i P.0.B., PARCEL 2 Q. VATION mss, • F \ \• 0.338 Ac+ ; R-,90, % .4)bt e / ,--227.,.. ‘z. heti` y 10'—WIDE RIGHT—OF—WAY EASEMENT TO TOWN OF LOS ALTOS HILLS ♦� //� /�� (PER BK. 8195 O.R. PC. 366, AS SHOWN BK. 241 MAPS PG 34) 20'—WIDE RIGHT—OF—WAY EASEMENT TO COUNTY OF SANTA CLARA (PER BK. 8226 O.R. PG. 198, AS SHOWN BK. 241 MAPS PG. 34) / 0 EXHIBIT A' g DATE: 07/06/00 CONSERVATION EASEMENT SHEET SANDI5 SCALE: 1"=50' 605 Castro Street \NM`un 1e DRAWNeY MHGLANDS OFCOPELAND 4 a9904E 200 NUMBER JONES -APPROVED BT. �A CIVIL ENGINE5 SURVEYORS PLANNERS DRAWING N0.FOX O:O969'5472 200116 LOSALTOSH/LS CALIFORNIA OF 4 SHEETS S 200116 N