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Home My WebLink About67-97 411. • • RESOLUTION NO. 67-97 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 TUN SEIN TAN AND CONNIE T. TAN 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 Tun Sein Tan and Connie T. Tan. 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 Tun Sein Tan and Connie T. Tan. PASSED AND ADOPTED this 3rd day of September , 1997 . . B Y' Mayor ATTEST: ( 3anw City Clerk 3\lah\res\tan-ea.res I' \ • DOCUMENT: 138111 111 1 iv 6 6 Titles: 1 / Pages: 10 • Fees. . . . * No Fees Taxes. . . '00138625365 Copies. . This Document is Recorded AMT PAID For the Benefit of the Town of Los Altos Hills BRENDA DAVIS RDE # 006 And is Exempt from Fee Per Government Code SANTA CLARA COUNTY RECORDER 9/18/1997 Sections 6103 and 27383 Recorded at the request of 11 05 AM City When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, madeand entered into this l -/1 day of dckyLe, , 1997, by and between TUN SEIN TAN and CONNIE T. TAN, husband and wife, (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 13910 Page Mill Road and more particularly described on 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 adopted Town' s General Plan and in the best interest of the Town. 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 • 1 3\lah\re\tan-ce.agm . . • • 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 B 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 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 2 3\1ah\re\tan-ce.agm Ilk a 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\tan-ce.agm w5e•ap-ueq\a.z\get\£ • N•zaTO ATza .zoaw : sI :Aa L 6 6 T £ xaquragdaS : aqpa S'I'IIH SOI'•IV SOI 30 NMOL XVI 'Z 3INNO0 L 6 6 T ' /-1/ /9 :a q.PQ la Nns f HENMO quauiaa.z6p sTgq. pagnaaxa eAPq. oga.zaq sazgied aT4 '3032i3HM SS3NIIM NI o�azau sazq.XPd auq go su6Tssp pup s1ossaaans 's.zzau auq. go Tt;auaq auk a.znuz pue uodn 6uzpuTq • • • STATE OF CALIFORNIA ) ) ss : COUNTY OF6 Clam On c)ufie (6 , 1997, before me, the undersigned Notary Public, personally appeared TUN SEIN TAN, • - - (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 . A - -y SUZANNE DAMS Commission#1081074 z z Ja��. Notary Public-California Z `^\7 Santa Clara County Signature Fz1" - My Comm.Expires Dec 17,1997 STATE OF CALIFORNIA ) ss : COUNTY OF (Sg IIc.+Cla1,4 SD On CJUVW- , 1997, before me, the undersigned Notary Public, personally appeared CONNIE T. TAN, .- __ _ us . ' (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 . SUZANNE DAVIS _ .,,,VJMyCommpesDeci1999 Commission#1081074 -� - i , Notary Public Califomla Santa Clara Counfy � 5 3\lah\re\tan-ce.agm • • . . Exhibit "A" Legal Description for Lands of Tan 13910 Page Mill Road,Los Altos Hills, California All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California being the lot commonly known as 13910 Page Mill Road,Los Altos Hills, California and described as: The parcel of land described in the Certificate of Compliance recorded as Instrument Number 13755899 and filed on June 27,1997 in the Office of the Recorder, County of Santa Clara,State of California. !✓x*4lF - • • , E I OF& Legal Description Conservation Easement Lands of Tan, 13910 Page Mill Road, Los Altos Hills, California April 21, 1997 ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT PROPERTY GRANTED BY DEED FROM O'BRIAN TO TAN RECORDED ON SEPTEMBER 12, 1995 IN BOOK H993 AT PAGE 2199, SANTA CLARA COUNTY OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE ON THE EASTERLY BOUNDARY OF THAT CERTAIN 732 ACRE TRACT OF LAND CONVEYED BY JANE H. SWINERTON AND GEORGE H. HOTALING TO MAUD SCHROLL, ALSO KNOWN AS MAUD HILL SCHROLL, BY DEED DATED FEBRUARY 21, 1945 AND RECORDED MARCH 9, 1945 IN BOOK 1242 OF OFFICIAL RECORDS, PAGE 255, SANTA CLARA COUNTY RECORDS AND DISTANT THEREON, NORTH 22° 05' WEST, 39.18 FEET FROM AN IRON PIPE DESIGNATED AS STATION B-53 ON THE EASTERLY BOUNDARY OF SAID 732 ACRE TRACT OF LAND; THENCE FROM SAID POINT OF BEGINNING, NORTH 22° 05' WEST 259.30 FEET, THENCE NORTH 27° EAST, 5.94 FEET TO A 2 INCH IRON PIPE, THENCE NORTH 85° 40' EAST, 37.29 FEET TO A POINT, THENCE SOUTH 22° 05' EAST, 155.95 FEET TO A POINT, THENCE SOUTH 41° EAST, 55.66 FEET TO A POINT, THENCE SOUTH 31° EAST, 45.00 FEET TO A POINT, OM • • PACIE Z.c -L HENCE SOUTH 69° 01' WEST 65.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF THAT PROPERTY CONTAINED IN THE GRANT - OF EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES DESCRIBED IN THE DEED TO MILLIE A. CLARK DATED SEPTEMBER 28, 1949 IN BOOK 1852 OF OFFICIAL RECORDS AT PAGE 523, OFFICIAL RECORDS OF SANTA CLARA COUNTY. CONTAINING 10,455 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION clj `0,\NO. 1-5792) -5792(;4- ,„,) - 1 0 { 1hcailT 5 T41C'lE ?3 •.. r !." i :7::, ' rt: •., ,-! C. i t'•t •i ••, r%i i..::-... !.... :.... . : . 1- ti .. ..r .r i... : v .. J . . /Y '7° %:''6- • c5'g5''4 e,-/'Y .BSB.0c, - 3729' / , % 5. •• =-:. LANDS OF TAN ( H993 OR 2199 ) -`` o, ( PARCEL I ) ...x. 7 . 0 .... _:�. ,�- e/P/' ,o° N 1 1. i ..::::; % / -2...24.a \T kA . ; , z 614e iI 0 / A\k . .i \tty Ci.....0 ....,, ,,6,..o moi , ,Y. ay.0° • 69 '�° r-,.?..__ • o 9 0 1 1 PLAT TO ACCOMPANY DATE : 4- 14-97 , atir - Giuliani & Kull, • Inc. LEGAL DESCRIPTION Wi i:us�1rira� Amilur:klum 0 SCALE : 1" • 40' 20431 Stevens Creek Blvd. • Sulto 230 ' DRAWN : E. T Cupertino, CA 95014 (408) 257-6446 CONSERVATION. EASEMENT DESIGNED : S. R (408) 257-6456 (Fax) 13910 PAGE MILL ROAD LOS ALTOS HILLS , CALIFORNIA SHEET 1 OF 1 • • JOB NO.:5/7