HomeMy WebLinkAbout80-97 •
RESOLUTION NO. 80-97
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 GLENN F. COFFMAN and MICHELE COFFMAN
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 GLENN F. COFFMAN and
MICHELE COFFMAN.
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 GLENN F.
COFFMAN and MICHELE COFFMAN.
PASSED AND ADOPTED this 15th day of Glctober , 1997 .
Mayor -
ATTEST:
City Clerk
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This
Document is Recorded DOCUMENT: 13923879 Titles: 1 / Pages: 8
For the Benefit of the
Town of Los Altos Hills Fees. . . . No Fees
And is Exempt from Fee
Per Government Code Taxes. .
Sections 6103 and 27383 A0013923879A Copies. .
AMT PAID
When Recorded, Mail to:
BRENDA DAVIS RDE # 009
Town of Los Altos Hills SANTA CLARA COUNTY RECORDER 11/05/I997
26379 Fremont Road Recorded at the request of 9:40 AM
Los Altos Hills, CA 94022 City
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This agreement, made and entered into this /2 / day of
, 1997, by and between GLENN F. COFFMAN and MICHELE
COFFMAN, 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 25280 Canata Way 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
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411 •
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 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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b. against the extraction of natural resources or other
activities which may destroy the unique physical and scenic
characteristic of the land; and
I _
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; and
e . against the planting of any vegetation, except non-
invaside 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 onlyfor 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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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 : .�e�- /7 , 1997
. /
GLENN F. COFF'..
MICHELE COFFMAN
TOWN OF LOS ALTOS HILLS
Date : October 15 , 1997 By: „/„.....
Its : Mayor
ATTEST: '`` .
City Clerk
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• •
STATE OF CALIFORNIA )
) ss :
COUNTY OF }{a(tg )
On Se, -• (1 , 1997, before me, the undersigned Notary Public,
personally appeared GLENN F. COFFMAN, -- -_ -_ e.. _ . (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 DAVE
Commission#1081074
r Notary Public.—California
Santa Clara County
SignaturealitZ;( My Comm.ExpiresDec.17.1999
STATE OF CALIFORNIA )
ss :
COUNTY OF &ü1'61 C1 r )
On ' CSEg . ZS , 1997, before me, the undersigned Notary Public,
personally appeared MICHELE COFFMAN, e- _o-. • 41," - --- (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 . � • • SUZANNEDAVIS
ommission#1081074
` ��d Notary Public—Califomla
Santa Clara County
Signature My Comm.Expires Dea17,1999
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EXHIBIT. "A"
Conservation Easement(25 feet beyond top of embankment)
Portion of Lot 6, as shown on that certain Map entitled, "Map of the M. & M. Taaffe
Subdivision of Lot No. 4 of the Taaffe Partition in the Rancho La Purissima Concepcion,
as recorded in Book "E" of Maps, page 118-119", which Map was filed for record in the
office of the recorder of the County of Santa Clara, State of California on July 1897 in
Book "I" of Maps, at page(s) 72 and 73, and more particularly described as follows:
COMMENCING at the intersection of the centerline of O'Keefe Avenue, 40 feet wide,
and the centerline of El Monte Road; thence North 51°31' West 630.07 feet to an angle
point of said O'Keefe Avenue, as said point of re-established from ties given in County
Engineer Transit Book No. 108, at page 29, thence leaving said center line South 45°36'
30" West 20.16 feet to the Southwesterly line of said O'Keefe Avenue at an angle point
therein, thence along said Southwesterly side line, being 20.00 feet distant Southwesterly
at right angles from the center line, North 37°17' West 91. 39 feet; thence on a curve to
the left tangent to the last named course, and having a radius of 20.00 feet through a
central angle of 115°00' for an arc distance of 40.14 feet; thence South 27°44' West 60.94
feet; thence on a curve to the right tangent to the last named course and having a radius
of 250.00 feet, through a central angle of 8°45' for an arc distance of 38.18 feet; thence
South 36°29' West 148.70 feet; thence on a curve to the right tangent to the last named
course, and having a radius of 120.00 feet through a central angle of 27°20' for an arc
distance of 57.25 feet; thence South 63°49" West 350.92 feet; thence South 66°34' West
121.53 feet; thence South 16°55' East 294.04 feet to theTRUE POINT OF BEGINNING;
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thence South 7 1 10 West 62.70 feet; thence South 5 15 East 88.44 feet; thence South 67°
20' West 44. 30 feet; thence North 19°19' West 35 feet; thence North 67°20' East 30 feet;
thence North 5°15' W 71 feet; thence North 22°00' East 35 feet; thence North 60°00' East
27 feet; thence North 83°15' East 34.84 feet;.thence South 16°55' East 41.49 feet to the
True Point of Beginning.
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