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Home My WebLink About88-97 • 111 . . RESOLUTION NO. 88-97 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 JOHN A. FITZPATRICK 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 John A. Fitzpatrick. 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 John A. Fitzpatrick. PASSED AND ADOPTED this 5th day of November , 1997 . . B � Mayor ATTEST: ---- City Clerk 3\lah\res\fitz-ea.res • DOCUMENT: 13961277 Titles: 1 / Pages: 8 This Document is Recorded III 11111 III II 1111 Taxes. . For the Benefit of the Fees. . . . * No Fees Town of Los Altos Hills A0013961277 Copies. . And is Exempt from Fee AMT PAID Per Government Code Sections 6103 and 27383 BRENDA DAVIS RDE # 009 SANTA CLARA COUNTY RECORDER 12/02/1997 When Recorded, Mail to: Recorded at the request of 2:58 PM 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 day of b G{-okxx 1997, by and between JOHN A. FITZPATRICK, an unmarried man, ("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 25311 Fremont Road (APN: 175-52-004) and more particularly described as Lot 4, as shown on the map of Tract No. 1105 Glenwood Park, filed September 28, 1954, Book 51 of Maps, pages 44 and 45, Santa Clara County Records, excepting therefrom all that portion thereof lying northeasterly of the centerline of Adobe Creek, as said centerline existed on January 4, 1963 . 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. 1 3\lah\re\fitz-ce.agm • • 411 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 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 2 3\lah\re\£itz-ce.agm • 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 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\fitz-ce.agm . • • 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 . iWN 1111 , Date : (0(20 , 1997 \ • \\ ^ ,�_ JOHN . . FITZPA ► � TOWN OF LOS ALTOS HILLS Date: November 5 , 1997 Its : Mayor ATTEST: - City Clerk 4 3\lah\re\fitz-ce.agm - : - • • • • STATE OF CALIFORNIA ) ) ss : COUNTY OF Sari Clara) On DCT 20 , 1997, before me, the undersigned Notary Public, personally appeared JOHN A. FITZPATRICK, 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 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 . ouLA, UAVs a /AN Co slon; 1081074 z tee; gNote Pu:,'_ —California > /� "^ y Comm.Expires Dec 1999 sig"L'uN SUZANNE DAVIS Commission#1081074 Z ',jar" Notary Public—California a Santa Clara County My Comm,Expires Dec 17,1999 5 3\lah\re\fitz-ce.agm • Ex h b A IDC2panes DRAINAGE EASEMENT DESCRIPTION FOR JOHN FITZPATRICK PROPERTY AN EASEMENT FOR DRAINAGE,OVER THE FOLLOWING PORTION OF LOT 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED"TRACT NO. 1105, GLENWOOD PARK",WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 28, 1954 IN BOOK 51 OF MAPS,AT PAGES 44 AND 45,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 4,ABOVE DESCRIBED;THENCE FROM SAID POINT OF COMMENCEMENT RUNNING ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 83 03'45"WEST A DISTANCE OF 57.40 TO THE NORTHWESTERLY LINE OF SAID LOT 4;THENCE ALONG SAID NORTHWESTRLY LINE SOUTH 55 09'40"WEST 33.50 FEET;THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 43 30'03"EAST 37.45 FEET;THENCE SOUTH 82 00'00"E 59.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 4, SAID POINT BEING SOUTH 01 29'00"WEST 59.50 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4;THENCE RUNNING ALONG THE EASTERLY LINE OF LOT 4 NORTH 01 29'00 EAST 59.50 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 3608.7 S.F.AND 0.083 ACRES ESSi Vi z } • v ibs' � } ' hibi� A - 2or2 a. I - N 55'09'40"E 33.50' --- / N \' 83 z 03, w•� s F o� ,l \ / 5> �o- of • (< 5) / / \/1-, / '7.- \/ DRAINAGE 4\I EASEMENT— _ \ (9c c)° / h° LOT L °�� ///// h8,. TRACT 1 105 S �- SIO11� a qy kr.. .�., t 1 i \i‘,., • WHALEY & ASSOCIATES DRAWN DV:sC DATE:817 ,� 4 DESIGNED SY:543,5 CIVIL ENGINEERS•LAND SURVEYING LAND PLANNING•DEVELOPMENT CONSULTING CHECKED DY; W.P.WHALEY • 21580 STEVENS CREEK BLVD. SUITE 104 SCALE: '1,1C 1 CUPERTINO . CA 95014 (1408) 253-6343 Jos NO. ;FjrtP-2aNT iorl,