HomeMy WebLinkAbout17-99 F t • •
RESOLUTION N0. 17-99
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT
FOR CONSERVATION EASEMENT BETWEEN THE
TOWN OF LOS ALTOS HILLS AND
LAP M. YAM AND ROSA W. TO
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read
and considered that certain Agreement for Conservation Easement ("Agreement")
between the Town and Lap M. Yam and Rosa W. To.
NOW, THEREFORE, the City Council of the Town does hereby RESOLVE as
follows:
1. Public interest and convenience require the City of Los Altos Hills to enter
into the Agreement described above.
2. The City 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 City of
Los Altos Hills and Lap M. Yam and Rosa W. To Lap M. Yam and Rosa W. To..
PASSED AND ADOPTED this 15tlday of April , 1999.
/
By:
Mayor
ATTEST:
Town Clerk
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DOCUMENT: 147709 Titles: 1 / Pages: 8
Fees. . . . . No Fees
This Document is Recorded 111 III 1 II 111 IIII 1 Taxes. . .
For the Benefit of the we61477e978 a Copies. .
Town of Los Altos Hills AMT PAI D
And is Exempt from Fee BRENDA DAV I S
Per Government Code RDE # 005
Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 4/23/1999
Recorded at the request of 8: 10 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 Zr- day of Pki-a-1 , 1999,
by and between Lap M. Yam and Rosa W. To, (collectively"Owners")and the Town of Los
Altos Hills, a municipal corporation, ("Town").
RECITALS •
A. Owners are the owners of certain real property in the Town of Los Altos Hills
commonly known as .1.0475 Albertsworth Lane, and more particularly described in
Exhibit A, attached 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. Both Owners 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 Owners. .
NOW, THEREFORE, the parties, in 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. Owners, as grantors, hereby grant 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 declare 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 Owners to construct any improvements on or within
the Property except for public and private utilities easements and paths dedicated to the
Town, provided these reserved exceptions shall be consistent with the purposes of law and
shall not permit any action which will be incompatible with maintaining and preserving the
natural or scenic character of the land and, provided the existing fencing on the date of this
Agreement may remain; 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 riparian species.
Provided that, a retaining wall to the extent existing on the date of this agreement and an
expansion leach field, if required by the County Health Department, are permitted.
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 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.
Owners
Date: Hai'-e-4 -"-- , 1999
•
Lap M. Yam
Date: 0:?5"1n , 1999 /
Rosa W. To
TOWN OF LOS ALTOS, ILLS
Date: April 19 1999
Mayor
ATTE
City Clerk
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STATE OF CALIFORNIA )
) ss:
COUNTY OF Snni-ca Clem)
On March 25 , 1999, before me,the undersigned Notary Public, personally
appeared Lap A/t. Yam, personally known to me (6 : : , _: : -- - _ - - - ::
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.
SUZANNE DAMS
Signature
a `,• Commission#1081074 g
E or""4"16‘116-464161111"41.11641646/
' Notary Public—California
`���' Santa Clara County
I :kf
My Comm.Expires De 117,19991
STATE OF CALIFORNIA )
) ss:
COUNTY OF San{-ca Clara)
On March 25 , 1999, before me,the undersigned Notary Public, personally
appeared Rosa W .10 , personally known to me e e , -e - -- - a - -
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 her 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. .
r';.:::. ; SUZANNE DAVIS
.._,.s1 , Commission z Signature
z : ` . Notary Public—California
% ',''±r Santa Curvpuirlara County
My Comm.Expires Dec 17,1999
4
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Order No. 554222
. Page 7
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LEGAL DESCRIPTION •
REAL property situated in the City of the Town of Los Altos, County of Santa
Clara, State of California, described as follows:
Lot 7 and 8, as shown on that certain Map entitled Tract No. 1618 Albertsworth
Estates, which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California on January 11, 1956, in Book 66 of Maps, page(s)
22 and 23.
Excepting therefrom the underground water rights without rlghts• of surface entry
as conveyed to California Water Service Company, a California corporation, by Deed
recorded February 15, 1956, in Book 3413, Page 576 of Official Records.
APN: 336-36-009, 010
March 6, 1990
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G ck t.+ A
FIRST AMERICAN TITLE
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LEGAL DESCRIPTION FOR CONSERVATION EASEMENT OVER LANDS OF YAM AND
TO AT 10475 ALBERTSWORTH LANE, LOS ALTOS HILLS (APN: 336-36-009 AND 010).
A parcel of land lying within Lots 7 and 8 as said Lots are shown upon that certain Map
entitled "TRACT NO.1618 ALBERTSWORTH ESTATES...", which map was filed for record
in the Office of the Recorder of Santa Clara County, State of California on January 11, 1956 in
Book 66 of Maps at Pages 22 and 23, and being more particularly described as follows:
BEGINNING at the most Westerly corner of said Lot 8; thence along the Westerly line
of-said Lot 8, N 11'18' 20" E, 155.00 feet; thence leavi'ng the said Westerly line of Lot 8 and
running S 23'38' 30" E, 121.60 feet, S 74'40' 43" E, 70.41 feet and S 83'26' 00" E, 167.50 feet
to an angle point in the Southeasterly line of said Lot 7; thence along said lines of Lot 7 and Lot
8, S 22'10' 00" W 86.00 feet, N 70'30' 40" W 118.95 feet and N 7T36' 10" W, 172.91 feet
to the POINT OF BEGINNING. Said Parcel containing 21,918.3 square feet of land, more or
less.
This Parcel is shown upon attached Exhibit "B" and is made a part hereof.
Exhibit "B"
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