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Home My WebLink About77-97 6 s, 411 RESOLUTION NO. 77-97 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 FU-KING HU AND TERRY L. HU WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement ("Agreement") between the Town and FU-KING HU and TERRY L. HU. 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 FU-KING HU and TERRY L. HU. PASSED AND ADOPTED this 15th day of October , 1997 . _ Mayor ATTEST: City Clerk 3\lah\res\hu-ea.res . • • DOCUMENT: 13923878 TitlesI / Pages $ This Document is Recorded Fees. . . . No Fees For the Benefit of the Taxes. . Town of Los Altos Hills 111111111111111 Copies. . And is Exempt from Fee Per Government Code66133�'327s AMT PAID Sections 6103 and 27383 RDE # 009 When Recorded, Mail to: BRENDA DAVIS 11/05/1997 SANTA CLARA COUNTY RECORDER 9;40 AM Town of Los Altos Hills Recorded at the request of 26379 Fremont Road City Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this 2.0-h day of Al 'f— , 1997, by and between FU-KING HU and .TERRY L. HU, Husbaand Wife, as Community Property, (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 11240 Magdalena Avenue 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 1 3\lah\re\hu-ce.agm 01/ 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 derivedtherefrom, 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 anyaction which will be incompatible with maintaining the preserving the natural or scenic character of the land; and 2 3\lah\re\hu-ce.agm • • 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\hu-ce.agm • 410 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: Si-/a? g , 1997 FU-KING HU Date: y(� , 1997rQ(//// — TERRY g HU TOWN OF LOS ALTOS HILLS Date : October 15 , 1997 By: , (- Its : Mayor ATTEST: � •-�� City Clerk 4 3\lah\re\hu-ce.agm • • STATE OF CALIFORNIA ) SGA/A ) s s : COUNTY OF e/(0,,,t4„, ) On All Z D 1997, before me, the undersigned Notary Public, personally appeared FU-KING HU, _ -. . • . . • - 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 . 1.. - " „ , .. .. _ _ A `r I OF�._ M Wai-Lin Mason ilii � e'��..m Comm.#1025077 zAe__,, _____. 2 `d ®o NOTARY PUBLIC CALIFORNIA SANTA CLARA COUNTY 0 °'4�oaM" Comm Expires Aug.1 1998 1 Signature . ..- „"� STATE OF CALIFORNIA ) ja✓,,.,f-sti, ) s s : COUNTY OF („{,��,,Q, ) On / 74) , 1997, before me, the undersigned Notary Public, Ja eared TERRY L. HU, c,- -: .9 . _ ..— (or proved personally PP 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 . p.. ..r... .'..n.. .. - .. .. ,, H Wai-Lin Mason V - � `, Comm.#1025077 ^� 0 r p o NOTARY PUBLIC CALIFORNIA Signature 2 ry, SANTACLARACOUNTY (.) ''- 9c4coax` Comm Expires Aug.1 1998 -+ 5 3\lah\re\hu-ce.agm • • EXHIBIT "A" I of 2 • LEGAL DESCRIPTION FOR A.P.N. 336-40-022 GRANT OF EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEINGA PORTION OF THE PARCEL OF LAND DESCRIBED INTHE DEED FROM WILSONTRUST TO FU-KING AND TERRY L. HU, DATED APRIL 6, 1996 AND FILED FOR RECORD IN BOOK P284 OFFICIAL RECORDS,AT PAGE 1973, SANTA CLARA COUNTY RECORDS, SAID PORTION OF LAND BEING AN EASEMENT FOR LAND CONSERVATIONPURPOSES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINGAT A POINT INTHE SOUTHERLY LINE OF MAGDALENA AVENUE, SAID POINT BEING ALSO THE MOST NORTHEASTERLY CORNER OF SAID LANDS OF HU ET UX, ABOVE DESCRIBED; THENCE LEAVINGSAID SOUTHERLY LINE OF MAGDALENA AVENUE, ALONG THE EASTERLY LINE OF SAID LANDS OF HU, SOUTH 9' 45'00" EAST 152.55 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION LAND BEING HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID EASTERLY LINE OF SAID LANDS OF HU, SOUTH 9' 45' 00" EAST 20.09 FEET TO A 3/4 INCH PIPE; THENCE SOUTH 74° 52'30" WEST 96.88 FEET TOA 314 INCH; THENCE SOUTH 12° 54' 00" WEST 64.20 FEET TOA 314 INCH PIPE INA CLUMP OF LAUREL TREES; THENCE SOUTH 87' 47' WEST 132.24 FEET TO A POINT IN A LINE, WHICH SAID LINE IS PARALLEL TO AND DISTANT SOUTHEASTERLY 60 FEET AT RIGHT ANGLES FROM THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THAT CERTAIN 0.325 ACRE TRACT OF LAND CONVEYED BY MARION K DURBROW, (FORMERLY MARION K. COFFEY)AND CHANDLER W. DURBROW TO HENRY STIAVELLI AND EVA STIAVELLI, ORIEL M. OLMO AND MADELINE OLMO, BY DEED FILED FOR RECORD JULY 2, 1952 IN BOOK 2446 OFFICIAL; RECORDS, PAGE 87, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA,SAID PARALLEL LINE BEING ALSO THE EASTERLY RIGHT OF WAY LINE OF HOOPER LANE; THENCE NORTH 12" 54' EAST 135.15 FEET ALONG SAID PARALLEL LINE AND EASTERLY RIGHTOF WAY LINE OF HOOPER LANE TOA POINT; THENCE LEAVINGSAID PARALLEL LINE AND EASTERLY LINE OF HOOPER LANE THE FOLLOWING COURSES AND DISTANCES: SOUTH 36" 22' 04"EAST 23.75 FEET; THENCE SOUTH 78" 35' 39" EAST 112.02 FEET; THENCE NORTH 74" 52' 30" EAST 85.50 FEET TO THE TRUE POINT OF BEGINNING; AND BEING A PART OF LOT 44 AS SHOWN UPON THE MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE HALE RANCH", SAN ANTONIO RANCHO, SANTA CLARA COUNTY, CALIFORNIA. CONTAINING 15,222±S.F. OR 0.35±AC. A.P.N. 336-40-022 PREPARED BY NCSS&ASSOCIATES 125 E. SUNNYOAKS AVE. SUITE 204 • CAMPBELL, CA. 95008 o\OFES S/4 UNDER DIRECTION OF /4:9 '9' KENNETH NELSONRCE X22023 No. 22023 n; Lic. Exp. 9-30-s ; . . * CML � � 9�OF CAVA• r • • -------T---____T____________ _.... ' 3o MAG�q` , ENq Rego - _ POINT 30 3 p = 9123'00" 0 S7... 71 OF BEGINNING 112,275,7 { R = 20.00' — ' L = 31.90' 15.14' I i LANDS OF HU / Q J / 46,130 sq.ft. 1.06 acres \ i Q N (J1 I T. II * IVb/A N . s. c^ / S78:35:3.9 2_ N74.52,3® N, 11242 7 P ® 50 574 52/ / 0' - -- 96 gg .:(s'l / ' �` CONSERVATION �" 4� �N q 7 EASEMENT�� cc, �- 15,222 sq./ft. ,,, 17,\,O 1p� `, Ls-, . - 1/5,222 0.35 acres iz No. 22023 m `' Lic. Exp. 9-3041 { �1 Y�Sj`, CML 587°47'00"W _- 97•6.----- CA1-1FOR' 132.24' EXHIBIT A 2 OF 2. PREPARED UNDER'SUPERVISION OF PLAT TO ACCOMPANY LEGAL DESCRIPTION KENNETH NELSON 7/16/97 R.C.E. N. 22023 – EXP 9-30-01