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RESOLUTION NO. 71-00
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT
AT 12950 BRENDEL DRIVE,LANDS OF OLCOTT
WHEREAS,the City Council of the Town has read and considered that
Agreement for Conservation Easement between Lynn Anne Moran Goese Olcott and
the Town;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does
RESOLVE as follows:
Section 1. The Town of Los Altos Hills hereby accepts the grant of conservation
easement set out in the Agreement for Conservation Easement;
Section 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby
authorized and directed to execute the Agreement for Conservation Easement, a copy
of which is attached hereto.
PASSED AND ADOPTED this 5th day of, ! , .le - -200I % I
..,..„/
/ Ma;,or
Al"TEST:
,
. -
City Clerk
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DOCUMENT: 15431553 Titles: j / Pages: 10
This Document is Recorded
For the Benefit of the II 01 IIII I 01110 0 Fees, . . .* No Fees
Town of Los Altos Hills Taxes. . .
And is Exempt from Fee0015431553 Copies. .
Per Government Code AMT PAID
Sections 6103 and 27383
BRENDA DAVIS RDE # 016
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 10/23/2000
Recorded at the request of 11 35 AM
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 330 day of ,C
2000, by and between Lynn Anne Moran Goese Olcott, a married woma ("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 12950 Brendel Road and more particularly described in Exhibit A
hereto.
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:
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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 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, private paths, paths
dedicated to the Town, lawful fences, irrigation systems, ornamental bridges, vineyards
and storm drain improvements, provided these reserved exceptions shall be consistent
with the purposes of 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 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, attendance to permitted uses and
similar measures; and
e. against any plantings other than native vegetation except non-native
fire retardant plantings within the one hundred foot (100') defensible space around
structure for fire prevention and as permitted above; 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.
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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
Lynn Anne Moran o ese Olcott
O OF LOS ALTP. 'I LS
Date: October 5 , 2000 /
Mayor
ATTEST:
City Clerk
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11110
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STATE OF CALIFORNIA )
ss:
COUNTY OF Clef r-G:_:- )
)1 Ah „e',4'tir im. 6*-64- D1eo "
Onse , 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 thexe'cuted the same ir4,tiuthorized capacity, and that
by h+s' gnature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
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9iSignature „9Santa Clara Cou6ray-no
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•- . Olcott:Wsclosure Statement
Page 3
EXHIBIT A
PROPERTY DESCRIPTION
Assessor's Parcel No. 175-37-016
Address: 12950 Brendel Drive, Los Altos Hills, CA 94022
See description attached.
3
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EXHIBIT 'A' Order No. : 468126
C Policy No. FTE 141038
The Land referred to in this policy is described as: Page 1 of Exhibit A
The land referred to is situated in the State of California, County of Santa
Clara, City of The Town of Los Altos Hills, and is described as follows:
PARCEL NO. 1:
COMMENCING AT THE COMMON CORNER FOR LOTS 1 AND 13 OF THE M. & M. TAAFFE
SUBDIVISION OF LOT 4 OF THE TAAFFE PARTITION IN THE LINE BETWEEN LOTS 3 AND 4 OF
SAID PARTITION AS SHOWN UPON THE MAP HEREINAFTER REFERRED TO; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 13, N. 70° 49' 29" E. , 960.16 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM
SAMUEL TROYON TO LOUISE L. PEDLER, DATED MARCH 20, 1925 AND RECORDED APRIL 7,
1925 IN BOOK 228 OF OFFICIAL RECORDS, PAGE 413, THENCE ALONG SAID SOUTHWESTERLY
LINE OF SAID TRACT OF LAND SO DESCRIBED IN SAID DEED TO PEDLER, N. 62° 58' W. ,
519.37 FEET TO AN.IRON PIPE WHICH IS THE TRUE POINT OF BEGINNING OF THE PARCEL
OF LAND TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING AND RUNNING
AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE OF SAID TRACT OF LAND SO DESCRIBED IN
SAID DEED TO PEDLER, S. 27° 02' W., 111.16 FEET TO AN IRON PIPE; THENCE N. 80°
00' W., 243 .30 FEET TO AN IRON PIPE, THENCE NORTHWESTERLY ON A CURVE TO THE
RIGHT, TANGENT'TO SAID LAST NAMED COURSE, WITH A RADIUS OF 290 FEET, THROUGH A
CENTRAL ANGLE OF 17° 30' FOR AN ARC DISTANCE OF 88.58 FEET TO AN IRON PIPE,
THENCE N. 62° 30' W. , 144.87 FEET TO AN IRON PIPE SET ON THE SOUTHEASTERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM WALTER G. BRENDEL, ET
UX, TO THE TOWN OF LOS ALTOS HILLS, A MUNICIPAL CORPORATION, DATED SEPTEMBER 18,
1957 AND RECORDED SEPTEMBER 25, 1957 IN BOOK 3898 OF OFFICIAL RECORDS, PAGE 53,
THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID PARCEL OF LAND SO DESCRIBED IN SAID
DEED TO THE TOWN OF LOS ALTOS HILLS, N. 30° 12' E. , 100 .14 FEET TO AN IRON PIPE;
THENCE NORTHEASTERLY ON A CURVE TO THE LEFT, TANGENT TO SAID LAST NAMED COURSE,
WITH A RADIUS OF 300 FEET, THROUGH A CENTRAL ANGLE OF 8° 42 ' FOR AN ARC DISTANCE
OF 45.55 FEET TO AN IRON PIPE; THENCE N. 21°. 30 ' E. , 48.70 FEET TO AN IRON PIPE
SET AT THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND SO DESCRIBED IN SAID DEED
TO THE TOWN OF LOS ALTOS HILLS, THENCE ALONG SAID SOUTHWESTERLY LINE OF SAID
TRACT OF LAND SO DESCRIBED IN SAID DEED TO PEDLER, S. 62° 58 ' E. , 464.90 FEET TO
THE TRUE POINT OF BEGINNING AND BEING A PORTION OF LOT 13, AS SHOWN UPON THE MAP
OF THE M. & M. TAAFFE SUBDIVISION OF LOT 4 OF THE TAAFFE PARTITION, WHICH- WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, ON JULY 5, 1897 IN BOOK I OF MAPS, AT PAGES 72 AND 73 .
BEING DESIGNATED AS PARCEL "A" UPON THE MAP OF THE RECORD OF SURVEY, WHICH WAS
FILED FOR RECORD ON OCTOBER 18, 1957 IN BOOK 87 OF MAPS, PAGE 28, RECORDS OF
SANTA CLARA COUNTY, CALIFORNIA. •
-PARCEL NO. 2 :
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND THE INSTALLATION AND
MAINTENANCE OF PUBLIC UTILITIES, APPURTENANT TO PARCEL NO. 1 HEREINABOVE - -
DESCRIBED, OVER A PARCEL- OF LAND DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE COMMON CORNER FOR LOTS 1 AND 13 OF THE M. & M. TAAFFE
SUBDIVISION OF LOT 4 OF THE TAAFFE PARTITION IN THE LINE BETWEEN LOTS 3 AND 4 OF
• Page 2 of 4 Pages
Policy Continuation Page
•
Order No. : 468126
Policy No. FTE 141038
Page 2 of Exhibit A
SAID PARTITION AS SHOWN UPON THE MAP HEREINAFTER REFERRED TO; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 13, N. 70° 49' 29" -E. , 960 .16 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM
SAMUEL TROYON TO LOUISE L. PEDLER, DATED MARCH 20, 1925 AND RECORDED APRIL 7,
1925 IN BOOK 228 OF OFFICIAL RECORDS, PAGE 413; THENCE ALONG SAID SOUTHWESTERLY
LINE OF SAID TRACT OF LAND SO DESCRIBED IN SAID DEED TO PEDLER, N. 62° 58 ' W. ,
519.37 FEET TO AN IRON PIPE; THENCE LEAVING SAID SOUTHWESTERLY LINE OF SAID
TRACT OF LAND SO DESCRIBED IN SAID DEED TO PEDLER AND RUNNING AT RIGHT ANGLES
THERETO, S. 27° 02 ' W. , 111.16 FEET TO AN IRON PIPE WIHICH IS THE TRUE POINT OF
, BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED, THENCE N. 80° 00 ' W. , 243.30
FEET TO AN IRON PIPE; THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT TANGENT TO
SAID LAST NAMED COURSE WITH A RADIUS OF 290 FEET, THROUGH A CENTRAL ANGLE OF 17°
30'. FOR AN ARC DISTANCE OF 88 .58 FEET TO AN IRON PIPE; THENCE N. 62° 30' W. ,
144.87 FEET .TO AN IRON PIPE SET ON THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED IN THE DEED FROM WALTER G. BRENDEL, ET UX, TO THE TOWN OF LOS
ALTOS HILLS, A MUNICIPAL CORPORATION, DATED SEPTEMBER 18, 1957 AND RECORDED
SEPTEMBER 25, 1957 IN BOOK 3898 OF OFFICIAL RECORDS, AT PAGE 53, THENCE ALONG
SAID SOUTHEASTERLY LINE OF -SAID PARCEL OF LAND SO DESCRIBED IN SAID DEED TO THE
TOWN OF LOS ALTOS HILLS, S. 30° 12' W. , 40.65 FEET TO AN IRON PIPE; THENCE
SOUTHWESTERLY ON A CURVE TO THE RIGHT, TANGENT TO.,SAID LAST NAMED COURSE, WITH A
RADIUS OF 300 FEET, THROUGH A CENTRAL ANGLE OF 1° 47' 56" FOR AN ARC DISTANCE OF
9.42 FEET TO AN IRON-PIPE; THENCE LEAVING SAID SOUTHEASTERLY OF SAID PARCEL OF
LAND SO DESCRIBED IN SAID DEED TO THE TOWN OF LOS ALTOS HILLS, AND RUNNING S.
62° 30 ' E. , 147.37 FEET TO AN IRON PIPE; THENCE SOUTHEASTERLY ON A CURVE TO THE
LEFT, TANGENT TO SAID LAST NAMED COURSE, WITH A RADIUS OF. 340 FEET THROUGH A
CENTRAL ANGLE OF 17° 30 ' FOR AN ARC DISTANCE OF 103 .85 FEET TO AN IRON PIPE;
THENCE S. 80° 00' E. , 148.50 FEET TO AN IRON PIPE WHICH BEARS S. 72° 11' 30" W. ,
. FROM THE TRUE POINT OF BEGINNING, THENCE N. 72° 11' 30" E. , 107 .19 FEET TO THE
TRUE POINT OF BEGINNING. BEING DESIGNATED AS BRENDEL DRIVE UPON THE MAP OF THE
RECORD OF SURVEY WHICH WAS FILED FOR RECORD ON OCTOBER 18, 1957 IN BOOK 87 OF
MAPS, AT PAGE 28, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA.
175-37-016
14003 •
ph/la/ss
A 175-37-16
2-21-97
MW--
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LEGAL DESCRIPTION
CONSERVATION EASEMENT
12950 BRENDEL DRIVE
LOS ALTOS HILLS, CALIFORNIA
ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA,AND
•
STATE OF CALIFORNIA, BEING A PORTION OF PARCEL"A"AS SHOWN ON THAT RECORD OF SURVEY FILED
FOR RECORD IN BOOK 87 OF MAPS AT PAGE 28, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL"A";
THENCE NORTH 80°00'00"WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL"A"A DISTANCE OF 79.00
FEET TO THE POINT OF BEGINNING;
THENCE WESTERLY,NORTHWESTERLY, NORTHEASTERLY AND SOUTHEASTERLY ALONG THE BOUNDARY
LINES OF SAID PARCEL"A"FOR THE FOLLOWING COURSES:
THENCE NORTH 80°00'00"WEST A DISTANCE OF 164.30 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG THE ARC OF A TANGENT CURVE,TO THE RIGHT, HAVING A RADIUS OF
290.00 FEET THROUGH A CENTRAL ANGLE OF 17°30'00"FOR AN ARC DISTANCE OF 88.58 FEET;
THENCE NORTH 62°30'00"WEST A DISTANCE OF 144.87 FEET;
THENCE NORTH 30°12'00"EAST A DISTANCE OF 100.14 FEET TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE, TO THE LEFT, HAVING A RADIUS OF
300.00 FEET THROUGH A CENTRAL ANGLE OF 8°42'00"FOR AN ARC DISTANCE OF 45.55 FEET;
THENCE NORTH 21°30'00"EAST A DISTANCE OF 48.70 FEET;
THENCE SOUTH 62°58'00" EAST A DISTANCE OF 76.02 FEET;
THENCE LEAVING THE BOUNDARY LINE OF SAID PARCEL"A", SOUTH 27°02'00"EAST A DISTANCE OF 45.32
FEET TO A POINT OF CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A TANGENT CURVE,TO THE LEFT,HAVING A RADIUS OF 38.00
FEET THROUGH A CENTRAL ANGLE OF 87°01'12"FOR AN ARC DISTANCE OF 57.71 FEET;
THENCE SOUTH 59°59'12"WEST A DISTANCE OF 255.49 FEET;
THENCE SOUTH 25°38'00"EAST A DISTANCE OF 17.41 FEET;
THENCE SOUTH 10°00'00"WEST A DISTANCE OF 28.45 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL AREA OF 41,058 SQUARE FEET OR 0.94 ACRE, MORE OR LESS.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT AND BY REFERENCE MADE A PART
HEREOF.
FILE:EASEMENT.WPD `�.�L L 1. .
JUNE 24,1999 • I f 1
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APN J75-37-D25 APN 175-3702;
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I - AR = 280.00'
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APN 175-37-0167__:„
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