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Home My WebLink About62-97 R • 411 RESOLUTION NO. 62-97 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND GILMORE A. DUNCAN JR. AND SHARON D. DUNCAN WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ( "Agreement" ) between the Town and Gilmore A. Duncan Jr. , and Sharon D. Duncan. 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 Gilmore A. Duncan Jr. , and Sharon D. Duncan. PASSED AND ADOPTED this 20th day of August , 1997 . r By\�°�.� 4, Mayor ATTEST: City Clerk • 3\lah\res\dunc-ea.res DOCUMENT: 13862398• Title Titles: 1 / Pages: 8 Fees. . . . No Fees This Document is RecordedIIIIIIIII Taxes. . . For the Benefit of the 00013862398■ Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 013 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 9/18/1997 When Recorded, Mail to: Recorded at the request of 10 17 AM 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 f& day of L(.11 , 1997, by and between GILMORE A. DUNCAN JR. and SHARD D. DUNCAN, husband and wife as joint tenants, (collectively, "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 commonly known as 12254 Tepa Way and more particularly described as follows : Lot 3 as shown on the map of Tract No. 1684, "Pink Horse Ranch Unit No. 1, " recorded September 14, 1956, in Book 71 of Maps at Pages 48 and 49, Santa Clara County Records . 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 adopted Town' s General Plan and in the best interest of the Town. 1 3\lah\re\dunc-ce.agm 9 • • D. Both 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 . 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 as Exhibit A 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. Owner, for the direct benefit of the Property described herein and of the Owner, 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 and paths dedicated to the Town, provided these reserved exceptions shall be consistent with the 2 3\lah\re\dunc-ce.agm • 410; purposes of law and shall not permit any action which will be incompatible with 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 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, and similar measures . 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 3 3\lah\re\dunc-ce.agm • binding upon_ and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement . OWNS ' , Date: L�/ 1997 J -GIL, •RE A. DUNCAN JR. Date: cU \ \ B , 1997 �/ SHARON D. DUNCAN TOWN OF LOS ALTOS HILLS Date : August 20 , 1997 By: At4/0A o Its 4gr ATTEST: City Clerk 4 3\lah\re\dunc-ce.agm • STATE OF CALIFORNIA ) ) ss : COUNTY OF /Q jllth%.•) jr p On �D , 1997, before me, the undersigned Notary Public, personaly appeared GILMORE A. DUNCAN JR. , ersonall known to me P Y (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 he executed the same in his 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 . LESLIE A.ANGEL COMM;#1051016 _ Notary Public—California Signature .' � ALAMEDACOUNN My COMM.Expires FEB 5,1999 STATE OF CALIFORNIA ) ) ss : COUNTY OF R041141...-) On .A/Af( 1 , 1997, before me, the undersigned Notary Public, persona y appeared SHARON D. DUNCAN, 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 she executed the same in her 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 . LESLIE A.ANGEL _ ` My Comm.Expires FEB 5,1999_ 5 3\lah\re\dunc-ce.agm eletT A Pi-0_I- CONSERVATION EASEMENT DUNCAN TO TOWN OF LOS ALTOS HILLS 12254 TEPA WAY A parcel of land situated in the Town of Los Altos Hills, County of Santa Clara, being more particularly described as follows: A strip of land 45 feet in width contiguous to and southerly of the northerly boundary of Lot 3 as shown on the map of Tract No. 1684, "Pink Horse. Ranch Unit No. 1", recorded September 14,. 1956 in Book 71 of Maps at Pages 48 and 49, Santa Clara County Records. • 744, {g" Z:(-) 7-11 k.* EX x.,333(-6 1, 46-(,II&IT j4- 1-? c Z • -0-- ....„!!!!...C40. � 9 t Ss�[g • rql'S9 .111 ' .K/ 30' 3* `; 16315• N43C�otL zrIC�. _ 7• `� J, �_�s�R'st�a es PO Y 1 1 i J. ../.... 6 - zi ;o .. 1.06Z Acres %';\. Nose,-� d .658 Acres 44,,,' Vol" '45' CON SER VATON 30' Lao' ,^ ;w Y.. 4kis 744• y. ,� ' ' EASEMENT • ,if 1 1•11P-110�7� N o�is�. o 3 1.122 Acres ��J;S• s ' • • F. • tsbaf i 4 '74 , s. DUNC/IN._ .__ \+: h X3'27 4 ,.°�? • . • rr _ o:eo- : . . .• , - nal Adobe-Creeks t - F - --... 4e•j•. ,�.0z ; ex- 4A. h 3a. • �cYsr 1,106 . Acres ' �'�� goo j�"r. _ _�.� . . .. .. . . . ....,•4'.-•-•6:4',. Z 4r • • ~' • .'OAF. C. *-'41 1,191 Acres • 3d � ' .:�J 12435'ta4 ,..'• ;�A,..,%,...,..41 O.E. _.\ a,: .I.....,-,\-'btu. • `, - •1of • 1.'1244 .'1 b' 1 it ,• .31 2 ? �\s• . tli► i• - N.43►9T"c zaz.r C.... di,,..., • • • • MofograPhic Poor due.. age rnaY b® • original to Condition of ,.�Q-oEs io ;;, 9ma! docun�en f RECEIVED ',° , JUN 1 9 1997' /'<4C`Q• ��•rt ,` �II ` Pte, <� - • (� ��.,�� TOWN OF LOS ALTOS HILLS . .,* EX 3I.ir * . • ®F Cal ' CONSERVATION EASEMENT TO TOWN I , , ,,,� DUNCAN 'RESIDENCE / . . • 12254 TEPA WAY LOS`ALTOS HILLS • SCA L E:1"=to' "------", CLEMENTS[arid ASSOCIATES DATE:60-19-97 CI%IL ENGINEERING LAND PLANNING • DWN: K.C. 4966 EL CAMINO REAL • SUITE 110 LOS ALTOS,CALIFORNIA 94022 (415) 962-9260 JOB NO: 35S