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Home My WebLink About85-97 • • r RESOLUTION NO. 85-97 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 EDUARDO ARIAS AND CATHERINE B. ARIAS, AS CO-TRUSTEES OF THE ARIAS LIVING TRUST DATED OCTOBER 19, 1994 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 EDUARDO ARIAS and CATHERINE B. ARIAS, as Co-Trustees of the Arias Living Trust dated October 19, 1994 . 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 EDUARDO ARIAS and CATHERINE B. ARIAS, as Co-Trustees of the Arias Living Trust dated October 19, 1994 . PASSED AND ADOPTED this 5th day of Novembex , 1997 . ( � Mayor ATTEST: City Clerk 3\lah\res\aria-ea.res • • DOCUMENT: 13961278 Titles 1 / Pages 9 Fees. . . .. No Fees This Document is Recorded Taxes. . . For the Benefit of the Copies. . Town of Los Altos Hills And is Exempt from Fee N1396127AMT PAID Per Government Code Sections 6103 and 27383 RDE # 009 BRENDA DAVIS 12/02/1997 When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 2:58 PM Recorded at the request of Town of Los Altos Hills City • 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this ( 9.1-1h day of Sp6n1997, by and between EDUARDO ARIAS and CATHERINE B. ARIAS, as Co-Trustees of the Arias Living Trust dated October 19, 1994, (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 10460 Albertsworth Lane 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 1 3\lah\re\aria-ce.agm o 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 a septic leach field, public and private utilities easements, paths dedicated to the Town, and fencing that is split rail or other open style (as interpreted by the Town) to allow for wildlife movement, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will be incompatible with 2 3\lah\re\aria-ce.agm 41i • 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 forfire prevention, thinning, elimination of diseased growth, and similar measures; and e . against he planting of any vegetation other than non-invasive 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 3 3\lah\re\aria-ce.agm !II 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: __211/12_____, 1997 EDUARDO ARIAS, as Co-Trustee of the Arias Living Trust dated October 19, 1994 Date : V(C/ , 1997 CATHERINE B. ARIAS, as Co-Trustee of the Arias Living Trust dated October 19, 1994 TOWN OF LOS ALTOS HILLS Date: November_ 5 , 1997 By: Its : Mayor ATTEST: � +.•/ �'"�� City Clerk • 4 3\lah\re\aria-ce.agm 1 4 STATE OF CALIFORNIA ) ) ss : COUNTY OF S,lai Clan ) On S /9 , 1997, before me, the undersigned Notary Public, personally appeared EDUARDO ARIAS, a- . -• a •-- (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 . suZANNEDAVIS Commission#1061074 z "'k. . Notary Public—California'til "' ''1r Santa Clara County Signature • My Comm.Expires Dec 17,1999 STATE OF CALIFORNIA ) ) ss : COUNTY OF Earrfa Clara) • On 6 -. r9 , 1997, before me, the undersigned Notary Public, personally appeared CATHERINE B. ARIAS, _- _ - •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 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 '•': � Commission#1081074 z z ;' Wo Notary Public—California Santa Clara County / � • 5 3\1ah\re\aria-ce.agm No, i American Title Comb EXHIBIT A THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF LOS ALTOS HILLS, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 , AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 18, 1978 IN BOOK 423 OF MAPS, PAGE 11 . EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS. WITH NO RIGHT OF. SURFACE ENTRY GRANTED TO CALIFORNIA WATER SERVICE COMPANY; A CALIFORNIA CORPORATION BY INSTRUMENT RECORDED" FEBRUARY 15, 1956 IN BOOK 3413 PAGE 576 . ASSESSOR' S PARCEL NUMBER: 336-36-050 Page 3 of 8 1402645 0 0 EXHIBIT B - PAGE ONE S$ 20.00 4 '/- 1 1 ;tar o P.O.B. o0 )111 0 cvZi i .J+w r ��1 RSL 2tih00000 )g`3F o%rO0S !E , O0 <\\ E1.441 E i o BK 423 M PG 11 z = aoo fl I to co CO]'SERVATION 7 ---. ------ EASEMENT 42,451.1+1- S.F. 2 �ao� 4.1-6.as§i ..____________ 03,\___ 7/, Os‘ 414p t c. mi 0046/ = ',I#;- 1 f iv;'oma -- »2.62• s�� M C A,`f N69'05 00 W .�>. r EXHIBIT MAP Q_- OF A CONSERVATION EASEMENT OVER N PARCEL Z PARCEL MAP BK. 423 MAPS PG. 11 LOS ALTOS HILLS CALIFORNIA ii SCALE: 1' •• 40' SEPTEMBER 1997 RENNER GROUP 2280 BAY ROAD, SURE B REDWOOD CITY, CALIFORNIA 94063 PHONE:(850)364-9302 FAX 384--8304 059 1Lrun.DJJG • EXHIBIT B - PAGE TWO Beginning at the most northeasterly corner of Parcel 2 of Parcel Map 423 Maps 11, Town of Los Altos Hills, Santa Clara County, California, thence 308..00 feet S 16 00' 00" W, thence 172.62 feet N 69 05' 00" W, thence 100.58 feet N 05 52' 28" W, thence 117.85 feet N 19 26' 48" E, thence 27.22 feet S 41 14' 33" E, thence 43.00 feet S 56 00' 00" E, thence 50.00 feet S 73 00' 00" E, thence 50.00 feet N 75 00' 00" E, thence 25.00 feet N 55 00' 00" E, thence 75.00 feet N 25 00' 00" E, thence 20.00 feet S 50 00' 00" E to the Point of Beginning. • Fq 09-EFye dti 111.1 2O a 4., /y,* iF ht�