HomeMy WebLinkAbout70-97 • •
RESOLUTION NO. 70-97
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
GORDON L. STITT AND VALORI S . STITT, AS TRUSTEES
WHEREAS, the City Council of the Town of Los Altos Hills has
read and considered that certain Agreement ("Agreement" ) between
the Town and GORDON L. STITT and VALORI S . STITT, as Trustees of
the Revocable Inter Vivos Trust of Gordon L. Stitt and Valori S .
StittN November 0 o ember 16, 1996 .
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 GORDON L.
STITT and VALORI S. STITT, as Trustees of the Revocable Inter Vivos
Trust of Gordon L. Stitt and Valori S . Stitt of November 16, 1996 .
PASSED AND ADOPTED this 3rd day of September , 1997 .
.
Mayor
ATTEST:
City Clerk .
3\lah\res\stit-ea.res
r� J 1111 DOCUMENT: 13862 5 Titles: 1 / Pages: 8
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• Fees. . . . * No Fees
11 111 111 1 111 1 11 11 II Taxes. . .
Copies. .
This Document is Recorded 3:Q013862535A AMT PAID
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee BRENDA DAVIS RDE # 006
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, made and entered into this 254 day of
A( 91$4— , 1997, by and between GORDON L. STITT and VALORI S .
STITT, as Trustees of the Revocable Inter Vivos Trust of Gordon L.
Stitt and Valori S. Stitt of November 16, 1996, (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 25703 Lomita Linda Court 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
1 3\lah\re\stit-ce.agm
. .
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 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, drain pipes to service the Property,
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
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411 •
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\stit-ce.agm
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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 . -
OWNER
Date : 2C7 41tVS1 , 1997
GORDON L. STITT, as Trustee of
the Revocable Inter Vivos Trust
of Gordon L. Stitt and
Valori S . Stitt of
Nov mber 16, 1996
Date: 0/ a-Sf , 1997 �
VALORI S . STITT, as Trustee of
the Revocable Inter Vivos Trust
of Gordon L. Stitt and
Valori S. Stitt of
November 16, 1996
TOWN OF LOS ALTOS LLS
Date : September 3 , 1997 By:C.
Its : Mayor
City Clerk
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410 411
. .
STATE OF CALIFORNIA )
) ss :
COUNTY OF Sgabp Car
On f- ZS , 1997, before me, the undersigned Notary Public,
personal appeared GORDON L. STITT, Q-- - • • . _ -- (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 .
SUZANNE DAVIS
1x��. Commission#1081074
tki4 , Notary Public—California r
My Comm.Expires Dec17,19991
STATE OF CALIFORNIA )
ss :
COUNTY OF S6InIa (X2va )
OnOkS'-f-- 2 , 1997, before me, the undersigned Notary Public,
Persona lY appeared =VALORI S . STITT, . _a._ - o . - _ - (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 myhand and official seal . t . SUThNN7!AV4Z07Commission#1081z
Notary Public—California
"
: .,
z 4{ '^>>�► Santa Clara County
My Comm.Expires Dec 17,1999
Signature (-
5 3\lah\re\stit-ce.agm
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Legal Description - Conservation t on Easement
All that certain real property situate in the TOWN OF LOS ALTOS HILLS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, said land lying entirely within Parcel 2
as shown on the map of Tract No. 2224, a snap of which tract is recorded in Book 100 of
Maps at Page 16, Santa Clara County Records, described as follows:
Beginning at an angle point in the Northwesterly.line of Parcel 2; said point being the
Northeasterly terminus of that course shown as North 38° 52' 53"East, 339.38 feet on
said map; thence South 69° 04' 51"East, 63.16 feet; thence South 46° 33' 36"East,
91.55 feet; thence South 54° 08' 19" East, 56.22 feet to a point on the Southeasterly line
of Parcel 2; thence along said Southeasterly line South 53° 17' 00" West, 146,21 feet
and South 42° 00' 40" West, 20.17 feet; thence North 45° 16' 17" West, 18.67 feet;
thence North 45° 16' 17" West, 18.67 feet; thence North 54° 08' 19" West, 1.23 feet;
thence North 12° 35' 41" West, 7.03 feet; thence North 42° 39' 53"West, 26.06 feet;
thence North 59° 37' 44" West, 22.39 feet; thence North 88° 59' 38" West, 9.96 feet;
thence North 47° 35' 23" West, 3.54 feet; thence North 48° 37' 03" West, 7.73 feet;
thence North.53° 02' 43" West, 17.83 feet; thence North 58° 33' 48" West, 1.16 feet to a
point on the aforesaid Northwesterly line of Parcel 2; thence along said line North 38°
52' 43"East, 122.04 feet to the point of Beginning.
. 4.F• SND
8
cc X10.458 ic
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OF CP\-��-
. - Eft r"A- Pekete 2.of Z.
0
0 50 100 200
/�
SCALE 1" - 100' \
CONSERVATION EASEMENT
(AREA=0.60 ACRES)
A= 6117'49"
R = 40.00'
L = 42.79'
PARCEL 1
339.38' N 46'18'00^ X74.86'
1 � 5 38'S2'4 " W �...... �8' �n
rn
L71 , L1� � '.O.B. m
R = 78'27'46" ^;
R = 10. 9 L9�� : N
L = 13.69' e ' �
L7
z L6 ,1 %
A N35-28'43"W
y PARCEL 2 37.46'
I—
• o l TRACT 2224
U Si N1997'46"W 01 3
*1 26.62' / e
L
Q N L2 / �N
oN
o 1.pj �.
-J p S 42'00'40"W 260.18' L '' �7�4 .•-• 2
Q
Q 4.1 S377'00^w�•
PARCEL 3 228.53' Jre
O Z
t.
,IT •
LINE DIRECTION DISTANCE
L1 , .S42'00'40"W ' 20.17'
L2 N45'16'17"W 18.67'
L3 N54'08'19"W 1.233
L4 N12'35'41"W 7.03'
L5 N42'39'53"W 26.06' o ; `
L6 N59'37'44"W 22.39'
L7 N88'59'38"W 9.96, '��E� C.
L8 N47'35'23"W 3.54'
L9 N48'37'03"W 7.73' f " �o.g5QS
L10 N53'02'43"W 17.83'
L11 N58'33'48°W 1.16' �'3ag5
(
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&LEA & SUNG ENGINEERING, INC. CONSERVATION EASEMENT
CIVIL ENGINEERS • LAND SURVEYORS LANDS OF STI TT
26229 EDEN LANDING ROAD, SUITE 2 APN: 336-40-039
HAYWARD, CALIFORNIA 94545 25703 LOMITA LINDA COURT
FAX)(510) 88 863019 TOWN OF LOS ALTOS HILLS
9 7012PL T.D WG