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HomeMy WebLinkAbout86-97 ` 111 • RESOLUTION NO. 86-97 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 MANON JANSSEN, AS TRUSTEE OF THE MANON JANSSEN REVOCABLE TRUST DATED MAY 12 , 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 MANON JANSSEN, as Trustee of the Manon Janssen Revocable Trust dated May 12 , 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 MANON JANSSEN, as Trustee of the Manon Janssen Revocable Trust dated May 12 , 1994 . PASSED AND ADOPTED this 5th day of November , 1997 . Mayor ATTEST: ."' City Clerk 3\lah\res\jans-ea.res DOCUMENT: 13961276 itles: 1 / Pages: 8 II II III III I III I II I 1111 Fees. . . . No Fees Taxes. . . This Document is Recorded Copies. . For the Benefit of the s80139612765 AMT PAID Town of Los Altos Hills And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 009 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 12/02/1997 When Recorded, Mail to: Recorded at the request of 2:58 PM City 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 9 day of Cfi�Y6=l1CA , , 1997, by and between MANON JANSSEN, as Trustee of the Manon Janssen Revocable Trust dated May 12, 1994, ("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 24615 Anacapa Drive and more particularly described as Tract No. 2062 , Lot 11, recorded in Book 108 of Maps at Pages 27, 28, and 29 on July 8, 1959 . 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\jans-ce.agm • 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 A 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 2 3\lah\re\jans-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\jans-ce.agm . E rci / / . j E a) o m • \ 0 \ a \ q § Q ¢ w , a)• Ca ® 7 2 H • ) \ f 0 ` 2 _Ca / a) ��\ / m / . / Q / \ w En \ d 2 § 2 / k ® / 0 0 w .. / 0 2 Cl] -0 ® O \ \ d 0 m / \ -H w 0 4-1 \ # / . p4 o // a) 2o. Q N o/ % 01 0 0 H • H § rn Q \ . . • 4 m -§ § \ @ � % m / \ . § © / k w 0 ? / * \ 0 2 tn O 0 - E -H m @ t w a) @ a) -H ] % \ % .Q m m 0 0 • 411 STATE OF CALIFORNIA ) ) ss : COUNTY OF Sf}bCI arQ) On DLe f- 9 , 1997, before me, the undersigned Notary Public, personally appeared MANON JANSSEN, personally known to me (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 . SUZANNE DAMS Commission#1081074 2 E Tri . Notary Public—California 5. My Comm.Expires Dec 17,1999 5 3\lah\re\jans-ce.agm • • � N�SGq gSoco P'M�Ge>. t� October 14,1997 97-35 No.5481 * Bp. 9/3o/yr, * EXHIBIT "A" COM4 LEGAL DESCRIPTION. FOR CONSERVATION EASEMENT All that:certain real property situate,in the Town,of.Los Altos Hills, County of; Santa Clara, State of California described as follows; Being a portion of Lot 11, Block M, as shown on that certain Map entitled Tract No. 2062 Fremont Hills Unit No. 5, which Map was filed for record in the office of the Recorder of Santa Clara County; State of California on July 8, 1959, in Book 108 of Maps page(s) 27,28 and 29, said portion being more particularly described as follows; BEGINNING at Easterly.common corner of Lots 10 and 11 , Block M at the Right of Way line of Anacapa and Alejandro Drive as said Lots, Block and Drives are shown on aforementioned map; thence from said Point of Beginning, Northwesterly along said Right of Way line, along a curve to the left, said curve having a central angle of 19° 00' 38", a radius of 90 feet, thru an arc length of 29.86 feet; thence leaving said Right of Way line, - South 64° 29'00" West 157.12•feet; thence along a curve to:the-left, said curve having a tangent bearing of North 45° 45'46" West, a central angle of 4° 14'. 14", a radius of 515-feet, thru tan arc length of 38:09 feet; thence North 50° 00' 00" West 123.00 feet; thence North 40° 00' 00" East 113.82 feet to the Westerly line of a 28 foot wide Driveway Easement (DE) as said easement is shown on aforementioned map; thence Northerly along said Westerly line, North 34° 19' 01" West 31.16 feet to the common line of Lots 11 and 12 Block M; thence along said common line, South 40° 00' 00" West 177.24 feet to the common corner of said Lots 11 and 12 at the Easterly Right of Way line of La Cresta Drive; thence along said Easterly Right of Way line; South 50° 00' 00" East 153.00 feet; thence along a curve to the right, said curve having a central angle of 5° 01' 39", a radius of 460 feet,_ thru an arc length of 40.36 feet to the Westerly common corner of aforementioned Lots 10 and 11 ; thence Easterly along said common line, North 64° 29' 00" East 222.64feet to the Point of Beginning. containing 18,885 sf ± (0.43 ac ±) Sheet 1 of 2 , , . . I S • , LOT12 iI I I s� BLOCK M o� ' moo - 108M2 - I7 29 �0,. I I I i I 0 0 I 1 G N9I I I I I I I 'yF ; ��1 , � I 1 4 0 I I tI I Ia � 1� °� o oy 0 , I ' 1A1 I �o I Io At 1 I � 0I ' o 4II0L ,I I I I 1 I G6,, 1 . , p ,'VA 11 11 ,Q 4. 11 • I 1 I ' ° /tO / . , OQO �P I I ��o Ztk� P4�P/ CSI 11 Q� 1 I I � � _. _._ . oz� I I I I 1 I 1 1 I / 0 , � I1 I ; LOT 11 / I. I , C`7 I 1 oBLOCK M ' . / 8 M 27-29 & / I I I \, .. / _ I I I -s I I / cci? `cam1, I 1 I ,r / / , III I I , I h BLOCK M ' I I 1 0� w- a� ° 108 M 27-29 -Cr ' I `� C-1 A-19 00 38 R=90 Arc=29.86 ct I I I '5 t� C-2 A= 5° 01' 39" R=460 Arc=40.36 °-4 I I �, Q C-3 A= 4° 14' 14" R=515 Arc=38.09 s • 1 I I I I GEXHIBIT A �0 .AND so Farm- or EASEMENT PLAT 5 NP.Meit, '9G 'Beg/no,ns Portion of Lot 11 Block M Tract No. 2062 j' #� Ge').t" . Fremont Hills Unit No 5 filed in Book 108 M 27 thru 29 .1 No.5481 PREPARED BY * E'p. 9/O%'o * HORIZON SURVEY LAND SURVEYING AND DEVELOPMENT' 44 , 703 Woodside Road #7, Redwood City, Ca , 1DF,_�' 369-6393 369-0590 fax / Scale 1" = 40' October 97 97-35 sheet 2 of 2