HomeMy WebLinkAbout72-00 •
RESOLUTION NO. 72-00
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR CONSERVATION EASEMENTS BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
ROBERT ROCCHETTI AND CHRISTINA HERDELL
WHEREAS,the City Council of the Town of Los Altos Hills has read and considered
that certain Agreement for Conservation Easements("Agreement")between the Town and
Robert Rocchetti and Christina Herdell.
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 Robert Rocchetti and Christina Herdell.
PASSED AND ADOPTED this 5thday of •_ .•_ , 2000. .
/ Vrviaor
ATTEST:
- •.
City Clerk
DOCUMENT: 15431551 Titles: 1 / Pages8
This Document is Recorded Fees. . . .* No Fees
For the Benefit of the Taxes. . .
Town of Los Altos Hills Copies. .
And is Exempt from Fee A0615431551 AMT PAI D
Per Government Code
Sections 6103 and 27383 RDE # 016
BRENDA DAMS 10/23/2000
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 11 35 AM
Recorded at the request of
Town of Los Altos Hills C i ty
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENTS
This Agreement, made and entered into this 5th day of October
2000, by and between Robert Rocchetti and Christina Herdell ("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 27371 Moody Road and more particularly described as:
That certain 1.88 acre parcel of land shown on that certain
Record of Survey which was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California in
Book 699 of Maps at Page 27.
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 these conservation easements 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 conservation easements 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.
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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 Easements. Owner, as grantor, hereby grant
conservation easements 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 easements 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
easements 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 easements 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 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.
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.
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• •
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 the Property and the landscaping,trees and natural growth on the
Property.
5. Term of Agreement. These conservation easements 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 easements
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: SepA--, 13 , 2000
Robert
Rocchetti
Christina Herdell
TOW • LOS ALTOS ;'
/
October 5
Date: , 2000
Mayor
ATTEST:
City Clerk -
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c • •
STATE OF CALIFORNIA )
) ss:
COUNTY O F&auk C Corr. )
On & fie b�.r—[3, 2Q00, before me, the undersigned Notary Public, personally
appeared c{° b„o, Narddl ,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. HAE R.CHI
Commission 0 1167564
Notary Public—California
4,, ,,,,‘s....LJet, Santa Clara County
Signature
My Comm.Expires JJan31 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,or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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Giuliani & Kull , Inc .
• Engineers • . Planners • Surveyors
San Jose - Oakdale - Auburn
September 6,2000
JOB NO 97160
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EXHIBIT Al 1AND
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LEGAL DESCRIPTIONE_xp ��. .
CONSERVATION EASEMENT * *
LANDS OF ROCCHETTI AND IIERDELL sTgT11141)
27371 MOODY ROAD pir 'F LO` (1b)
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:
PORTIONS OF THAT CERTAIN 1.88 ACRE PARCEL OF LAND SHOWN ON THAT
CERTAIN RECORD OF SURVEY WHICH WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA,STATE OF CALIFORNIA IN
BOOK 699 OF MAPS AT PAGE 27; SAID PORTIONS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
EASEMENT#1
•
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID 1.88 ACRE PARCEL;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL SOUTH 23° 15'00"
EAST 253.50 FEET; -
THENCE NORTH 45° 50'32"WEST 55.35 FEET; -
THENCE NORTH 35° 23'49"WEST 44.50 FEET;
THENCE NORTH 37° 50'01"WEST 45.30 FEET; . .
THENCE NORTH 48° 36'03"WEST 34.75 FEET;
THENCE NORTH 29° 09'46"WEST 35.25 FEET;
THENCE NORTH 20°. 56'06"WEST 61.76 FEET TO A POINT IN THE NORTHWESTERLY
LINE OF SAID PARCEL;
THENCE ALONG THE NORTHWESTERLY LINE NORTH 52° 57'02"EAST 18.02 FEET TO
THE POINT OF BEGINNING.
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4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004
• • ..
EASEMENT#2
COMMENCING AT THE MOST EASTERLY CORNER OF SAID 1.88 ACRE PARCEL;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 54° 20'00"
WEST 27.75 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 54° 20'00"WEST
22.25 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 22° 57'27"WEST 64.75 FEET;
THENCE NORTH 66° 45'00'EAST 11.25 FEET;
THENCE SOUTH 32° 51'33"EAST 60.82 FEET TO THE POINT OF BEGINNING.
EASEMENT#3
COMMENCING AT THE MOST EASTERLY CORNER OF SAID 1.88 ACRE PARCEL;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 54° 20'00"
WEST 118.44 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 54° 20'00"WEST
82.00 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 350 40'00"WEST 71.00 FEET;
THENCE NORTH 68° 32'57"EAST 77.37 FEET;
THENCE SOUTH 19° 34' 15"EAST 24.00 FEET;
THENCE SOUTH 60° 55'22"EAST 32.00 FEET TO THE POINT OF BEGINNING.
EASEMENT#4
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID 1.88 ACRE PARCEL;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL SOUTH 52° 57'02"
WEST 220.79 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 52° 57'02"WEST
102.00-FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 46° 26'38"EAST T 106.00 H±T;
THENCE NORTH 36° 47' 33"EAST 135.03 FEET;
THENCE NORTH 37° 02' 58"WEST 30.00 FEET;
THENCE NORTH 87° 37' 18"WEST 58.26 FEET TO THE POINT OF BEGINNING.
END OF DESCRIPTION.
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SCALE:•• 1"=50' PLAT TO ACCOMPANY
r Giuliani & Sull,Inc•
♦ DATE: 9/5/00 09:35 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\97160\ LOS ALTOS HILLS, CALIFORNIA
_ .JOB -# . 9
7160
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