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Home My WebLink About01-96 p `1 92PS f 132 RESOLUTION NO. 1-96 • RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION AND OPEN SPACE EASEMENT ON LANDS OF CAPPS HOMES,INC. WHEREAS, Capps Homes, Inc., a California corporation("Owner")has offered to grant a conservation and open space easement to the Town of Los Altos Hills(the "Town") on Lands of Owner; and WHEREAS,the City Council of the Town has read and considered that grant of easement for conservation and open space purposes; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town hereby accepts the grant of conservation and open space easement on Lands of Owner on behalf of the public. 2. The Town of Los Altos Hills shall enter into and.the Mayor is hereby authorized and directed to execute the Grant of Conservation and Open Space Easement, a copy of which is attached as Exhibit A. PASSED AND ADOPTED this 17 day of January , 1996.. By: Mayor ATTEST: City Clerk 14949/006/1043053.1 P 19 2`PA GE I 1 24P ", • 1318 5782 This Document is Recorded &�f Lo S A I �4 i-b I For the Benefit of the �� Town of Los Altos Hills FEB 5 2 22 PFJ °96 And is Exempt from Fee OFFICIAL RECORDS Per Government Code . SANTA CLARA COUNTY; Sections 6103 and 27383 BREC DAVIS ER When Recorded, Mail to: Town of Los Altos Hills *0 26379 Fremont Road ;p Los Altos Hills, CA 94022 Attention: City Clerk CONSERVATION AND OPEN SPACE EASEMENT This Conservation and Open Space Easement("Agreement") is made and entered into this 17th day of January , 1996 by and between Capps Homes,. Inc., a California corporation, as "Owner," and the Town of Los Altos Hills, a municipal corporation, as "Town". RECITALS: A. Owner is the owner of certain real property located in the Town, which real property is more particularly described on Exhibit A attached hereto (the "Property"). B. Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation and open space easement on privately owned lands lying within the Town; C. Town finds the easement granted herein to be consistent with the Town's General Plan; D. Owner and Town desire to limit the use of a portion of the Property by dedication of the easement granted herein in order to reduce potential adverse impacts on the Property including grading, vegetation removal, and erosion, recognizing that the • Property has substantial public value as open space and that the preservation of the Property as open space constitutes an important physical, social, aesthetic and economic asset to the Town; 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: . 1110 P192PAGEII260 1. Grant of Conservation and Open Space Easement. Owner, as grantor, hereby grants a conservation and open space easement to the Town over those portions of the Property as shown on Exhibit B attached hereto (the "Easement"), to have and to hold said Easement for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Statutory Authorization. This Agreement and the grant of the above Easement shall be 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 Easement. During the term of this Agreement, the Easement shall not be used for any purpose other than as a conservation and open space easement and those uses related to or compatible therewith. Owner, for the direct benefit of the public and the Owner, hereby declares that the Easement shall be subject to the following restrictive covenants which shall run with the land and shall be binding upon all subsequent grantees: (a) No buildings, structures or improvements shall be constructed on or within the Easement except as necessary in connection with any public or private utility easement 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 and preserving the natural or scenic character of the land. (b) No natural resources shall be extracted from the Easement nor shall other activities be allowed or conducted on the Easement which may destroy the unique physical and scenic characteristic of the land, and (c) No grading of the Easement shall be allowed other than attendant to permitted uses; and (d) No vegetation on the Easement shall be cut or removed, 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. 3. Restrictions on Public Use. The public shall not have a right of entry upon the Easement. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspecting the landscaping, trees or natural growth upon the Easement. • PI92PAG£ Ii 4. Term of Agreement. This Agreement shall be effective on the date of recordation and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094, or any successor legislation. 5. Successors in Interest. This Agreement and the conservation and open space easement granted herein shall run with the Property and shall be 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 Capps Homes,Inc., a California corporation y: ' ` Dated: /1/2-57( B % �=� �: Name: R ex-(- cawc Title: P resi C1€J f TOWN OF LOS ALTOS HILLS • • Dated: y'::7 9 6 By: �� ATTEST: City Clerk APP OVED AS TO FO : ‘ , Ci t Attorney 2PAGE. 1 1 • State of California ) ss. County of Santa Clara ) • On this <27 day of Oat/el./Pr , 1995, before me, ,y ' /76 c, 7 a notary public, personally appeared a.6.,c7- ay,5 / , personally known to me, or proved to me on the basis of satisfactory/e4idence, to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it. el' u�►v M HAci�7T Notary Public for the State of California •- � Cp11111VOfl#lOB6e16 M CIARA IOInIa M commission ex fires: sANtACwucouHn Y exp fres: My Comm.ExpItM.IW 30.PM 7 : State r/..�(J , 197 State of California ) County of Santa Clara ) On this day of , 1995, before me, a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument.as Mayor of the TOWN OF LOS ALTOS HILLS, and acknowledged to me that the TOWN OF LOS ALTOS HILLS executed it. Notary Public for the State of California My commission expires: , 19 RECORDER• FAINT %!Tut . ME MO Typnve. 14949/006/1043054.1 MAKE POO, pt. CARBON RrHOTOGRACER sConO • PI92PA129 EXHIBIT A Legal Description of the Property All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Lot 2, as shown on that certain Map of Tract No. 8331, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on October 24, 1990, in Book 620 of Maps, page(s) 26 thru 39. EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as granted to California Water Service Company, a California corporation by instrument recorded September 15, 1991 in Book L 859,page 1758, Official Records. . ARB No: -0- - III EXHIBIT B •92PAGEI 13 0 Giuliani & Kull, Inc. Lnpneers • Plci sners • Surveyors C ftrw - Uddde - Auburn ( . OCTOBER 301 1995 #11Z.2 LEGAL DESCRIPTION CONSERVATION EASEMENT STONEBROOK LOT 2 ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HILI+, COUNTY OF SANTA CLARA, STATE OP CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 2 A8 SAID LOT IS SHOWN ON THAT CERTAIN MAP OF TRACT 8331 AS SAID MAP WAS RECORDED ON OCTOBER 24, 1990 IN BOOK 620 OF MAPS AT PAGES 26 THROUGH 39, SANTA CLARA COUNTY RECORDS hORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2 AT THE NORTHERLY LINE OF 04K FAI34 COURT AS SAID. PUBLIC STREET IS SHOWN ON THE HEREINABOVE DEOOKa$A MUT MAP; THENCE ALONG THE SOUTHERLY LINE of SAID PARCEL 2 NORTH 84' 54' 52" WEST 110.50 FEET TO THE POINT Of BEGINNING; THENCE. LEAVING SAID SOUTHERLY LINE NORTH 36' 26' 56" EAST 30.74 FEET; THENCE NORTH 3' 00' 17" EAST 55.21 FEET; THENCE NORTH 46' 47' 27" EAST 25.90 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN INGRESS/EGRESS EASEMENT RECORDED FEBRUARY 3, 1994, IN BOOK N284 OF OFFICIAL RECORDS AT PAGE 389, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 64' 29' 51" WEST 4.38 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 43.50 FEET THROUGH A CENTRAL ANGLE OF 16' 31' 18" AN ARC DISTAN;E OF 12.64 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 48' 56' 46" WEST 41 .25 FEET; THENCE SOUTH 20' 39' 15" WEST 6.79 FEET; THENCE SOUTH 11' 68' 63" EAST 24.71 FEET; THENCE SOUTH 41' 4,4" WEST 23.72 FEET; THENCE SOUTH 37' 231 6411 WEST 31.35 FEET TO A POINT IN THE HEREINABOVE DESCRIBED SOUTHERLY LINE OF LOT 2; THENCE ALONG SAID SOUTHERLY LINE SOUTH 84' 54' 52" EAST 23.00 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION. 20431 Stevens ChM 6tv • Ws 230 •Cupertino. 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