HomeMy WebLinkAbout72-97 ' 111 •
RESOLUTION NO. 72-97
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 ANN PANG
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 Ann Pang.
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 Ann Pang. -
PASSED AND ADOPTED this 30th day of September , 1997 .
BY: ‹:
Mayor
ATTEST:
City Clerk
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DOCUMENT: 13916593 Titles: 1 / Pages: 9
This Document is Recorded
, For the Benefit of theII 11 III III 11111111 1
Fees. . . . . No Fees
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Town of Los Altos Hills Taxes. . .
And is Exempt from Fee <1613916553oCopies. .
Per Government Code AMT PAID
Sections 6103 and 27383
BRENDA DAVIS RDE # 009
When Recorded, Mail to: SANTA CLARA COUNTY RECORDER
10/30/1997
Town of Los Altos Hills Recorded at the request of 1 1 58 AM
26379 Fremont Road City
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This agreement, made and entered into this 30th day of
September , 1997, by and between ANN PANG, a married woman, as
her -sole and separate property, ("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 25701 Lomita Linda Court (APN: 336-40-038) 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 except for an existing
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410
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tennis court, caboose, and walkway, 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, those uses related to or compatible with a
conservation easement, playing tennis on the existing tennis court,
and maintaining tennis court, caboose, and walkway. 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 or maintain
any improvements on or within the Property except for public and
private utilities easements, paths dedicated to the Town, and the
existing tennis court, caboose, and walkway, provided these
reserved exceptions shall be consistent with the purposes of law
and shall not permit any action which will be incompatible with
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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, removal of poison oak, and similar measures; and
e. against the planting of vegetation, except for
native species .
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
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STATE OF CALIFORNIA )
) ss :
COUNTY OF Sc..4_ )
On j,,_1, Z cl , 1997, before me, the undersigned Notary Public, •
personally appeared ANN PANG, personally known to me (or proved to
• •- •- - =. - - - - - - -- 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 . •z TERESASU
��•; Commission#1081961
V7iiicul,r�,""` Notary Public—Callfom!a
U' Santa Clara County
Signature MyComm.ExplresJan 1.2000
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EXHIBIT A
All that certain real property situated in the Town of Los Altos
Hills, County of Santa Clara, State of . California, more
particularly described as follows :
Parcel 1, as the said parcel is shown on the Map of Tract
No. 2224, being a portion of Lot 44 of the subdivision of The
Hale Ranch, and which Map was, filed for record in the office
of the Recorder of the County of Santa Clara, State of
California, on December 1, 1958 in Book 100 of Maps, at Page
16 .
APN: 336-40-038
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Legal
Legal Description - Conservation 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 1
as shown on the map of Tract No. 2224, a map of which tract is recorded in Book 100 of
Maps at Page 16, Santa Clara County Records, described as follows:
Beginning at the most Westerly corner of said Parcel 1: thence along the line of Parcel 1
the following courses:
North 44° 05' 50"East, 537.50 feet;
South 43° 54' 10"East, 165.08 feet;
South 30° 11' 20"East, 10.00 feet;
South 46° 18' 00"West, 174.86 feet; and
North 38° 52' 43"East, 120.40 feet;
thence North 50° 31' 20"West, 31.81 feet; thence North 83° 43' 03"West, 30.79 feet;
thence South 72° 57' 48"West, 60.95 feet; thence North 75° 09' 53"West, 5.79 feet;
thence North 82° 24' 47"West, 17.02 feet; thence South 69° 19' 03"West, 79.83 feet;
thence South 56° 10' 48"West, 31.82 feet; thence South 24° 31' 22"West, 23.20 feet;
thence South 9° 50' 47"West, 20.09 feet; thence South 11° 36' 15"East, 60.69 feet;
thence South 23° 36' 35"East, 32.63 feet; thence South 27° 50' 47"East, 16.70 feet to a
point on the line of Parcel 1 and the right-of-way line of Lomita Linda as shown on the
aforesaid map; thence South 42° 01' West, 17.87 feet to a corner of said Parcel 1; thence
along the Southwesterly line of Parcel 1 North 24° 25' 30"West, 183.55 feet to the point
of Beginning.
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LINE DIRECTION DISTANCE a
4< L1 S3011'20"E 10.00'
Q L2 S50'31'20"E 31.81'
L3 S83'43'03"E 30.79'
L4 S72'57'48"W 60.95'
L5 N75'09'53"W 5.79'
L6 S8224'47"E 17.02' 00
L7 S6919'03"W 79.83'
Q L8 N56'10'48"E 31.82'
F. L9 S24'31'22"W 23.20' CS
L10 S09'50'47"W 20.09' jg
L11 S11'36'15"E 60.69'
L12 S23'36'35"E 32.63'
O L13 S27.50'47"E 16.70' Q
L14 S42'01'00"W 17.87' CE
/ LEA & SUNG ENGINEERING, INC. CONSERVATION EASEMENT
CIVIL ENGINEERS • LAND SURVEYORS LANDS OF CHAO & PANG
26229 EDEN LANDING ROAD, SUITE 2 APN: 336-40-038
HAYWARD, CALIFORNIA 94545 25701 LOMITA LINDA
(510) 789
FAX (510)10) 887-3019 TOWN OF LOS ALTOS HILLS
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