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Home My WebLink About13-96 • p 2. 9,6 PAGE T RESOLUTION NO. 13-96 • RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION AND OPEN SPACE EASEMENT ON LANDS OF NEAL WHEREAS, Stephen C.Neal and Anna M.Neal ("Owner")have offered to grant a conservation and open space easement to the Town of Los Altos Hills(the "Town") over their property located at 13691 Old Altos Road; 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 over Owner's property located at 13691 Old Altos Road. 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Conservation and Open Space Easement, a copy of which is attached as Exhibit A. _ _ _ _ PASSED AND ADOPTED this 6th day.of March , 1996: By: Mayor ATTEST: City Cler 14949/006/1047916.1 96PA6EOOsIr 7 - 8 BRENDA DAVIS • RDE # 003 SANTA CLARA COUNTY RECORDER 4/19/1996 Recorded at the request of 2: 11 PM City This Document is Recorded For the Benefit of the_ DOCUMENT:0013267901 Titles: 1 / Pages: 7 Town of Los Altos HillsII0 1111 011 No Fees And is Exempt from Fee Per Government Code ee132679 i No . . Sections 6103 and 27383 AMT PAID When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road 111 Los Altos Hills, CA 94022 FEE Attention: City Clerk CONSERVATION AND OPEN SPACE EASEMENT This Conservation and Open Space Easement("Agreement") is made and entered into this 6th day of March ., 1996,by and between Stephen C.Neal and Anna M. Neal, as "Owners," and the Town of Los Altos Hills, a municipal corporation, as "Town". RECITALS: A. Owners are the owners of certain real property located at 13691 Old Altos Road 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. Owners 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 themutual covenants and conditions set forthhereinand the substantial public benefits to be derived therefrom, do hereby agree as follows: p ? 9 6 PAGEO { 09 1. Grant of Conservation and Open Space Easement. Owners, as grantors, hereby grant 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. Owners, for the direct benefit of the public and the Owner,hereby declare 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. . ' '. II ,. .._.. _,P"2;9 6 PA GE O I I O� 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. OWNERS Dated: p2 -02 t o ?6olf%' Stephen C.Neal Dated: 69 o2 G - ! (OY/ .../ Anna M.Neal TOWN OF LOS ALTOS HILLS Dated: 3/6/96By: _,,/ Mayor ATTEST: City Clerk AP'ROVED AS T• ORM: / C qty Attorney 14949\08\104 701.1 ` 2 9 6 PA GE Q ' �• State of California ) County of Santa Clara ) On /9 /4-Ze-/-, G� /99 t!p before me, a Notary Public for the State of California,personally appeared STEPHEN C. NEAL,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (0 whose name CO is/ate subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ r authorized capacity (ies), and that by his signature(€) on the instrument the person (s), or the entity upon behalf of which the person( ) acted,executed the instrument. WITNESS my hand and official seal. /4.-- Signature ._.. rara A. Hillbara A. Hill it •s�'�, m.#990060 ^ '� x,. AI:":UCL C CALIFORNIAV r•.. Comm.�-'990060 �106 7. �� frr,:..LARA couNTv n Ng„NOTARY PUBLIC CALIFORNIAN, 2 : w . mm ::xpir¢s April! 1997 .. s ' .o., SANTA CLARA COUNTY 2 _ F Comm Expires Apri17 1997 J State of California ) County of Santa Clara ) On i/la I"Ch "1-5 (9% before me, a Notary Public for the State of California, personally appeared ANNA M. NEAL, . (or proved to me on the basis of satisfactory evidence) to be the person '] whose name,)e./-ar-a subscribed to the within instrument and acknowledged to me that-he s e/thy executed the same in is-i.their authorized capacity, and that by Jai&tali their 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 Signature Z 4 �,9) Notary Public—California Z Santa Clara County r nT� My Comm.Expires Dec.17.1999 1 - P2`9.6PAcEOT� L. WADE HAMMOND Land Surveyor — --EXHIBIT "A" 6310 THORNTON AVENUE NEWARK, CA 94560 Tel:510-796-2624 FAX 510-790-2650 January 15, 1996 • • • LEGAL DESCRIPTION CONSERVATION EASEMENT BEING A PORTION OF LOT 1, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "TRACT NO. 1105 GLENWOOD PARK", 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 PAGE 44 AND 45; MORE PARTICULARLY DESCRIBED AS FOLLOWS; • BEGINNING AT A POINT ON THAT CERTAIN LINE OF SAID LOT 1, SHOWN AS SOUTH 23°58 ' WEST 67.77 FEET, DISTANT THEREON SOUTH 23°58' WEST 40.00 FEET FROM THE NORTHERLY TERMINUS THEREOF; THENCE NORTH 67°10'11" WEST 45.32 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE ALONG THE LINES OF LOT 1 NORTH 32°15'22" EAST 4.2.00 FEET • SOUTH 78°12' EAST 25.00 FEET SOUTH 44°13 WEST 15.96 FEET . SMITE 23°50 ' WEST 40.00 FEET TO TEE POINT OP BEGINNING. s soji , o,„svpii iIDUIS Il AIE °or clue/Div .. WWI! ®r/oi, tie cn%°0/Tia * ..$' 41 a0Cti"' ) o°O.. .� U�1p p 2- 9 6 Pfl GE 0 i I 4 , r . GRAPHICSCALE 1 1 211imenimi0 0 10 20 EXHIBIT "B" N ,- ' ( IN FEET )h --= 20 ft. 572 00, ' w • • 1 inc ‘ ! / 25.00' „. , DATE: 1-15-1996 ..., ,,,... IS 0 CONSERVATION 0- o, cs- EASEMENT - 6 o /. (\,• o, 1 • 6 ,/ o o.. • •-, 70j 1\' -... 7" 45 ---,jk ---'---.%.y,, --... / --, POINT OF 0 4, V 0 0 BEGINNING (1, . • t Y) e> 4 . ,-- lelliS WADE 0 BAMMOHD ... , A, A) *• Vi03.21-26 , cg . di, Gimes 4 k -44 s op c 0 / UN -A, 0 0, *. 1 LOT 1 TRACT 1105 51 MAPS 44 45 , 0, .., APN: 175- 52- 001 • z.. 13691 OLD ALTOS RD. . LOS ALTOS HILLS • . L. Wade Hammond 1.16eneed LorTO avrvoyor • No. 6163 CONSERVATION EASEMENT 6910 Thornton Avonvo Neruark,Gailfornla 414560 iTols(510)let6-26•24 Pax:(510) 1410-2650 _