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Home My WebLink About35-96 • p, 07 Pfl GE 0 4 RESOLUTION NO. 35-96 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 HUNG C. LAM AND LOANIE T. LAM 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 HUNG C. LAM and LOANIE T. LAM. 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 HUNG C. LAM and LOANIE T. LAM. PASSED AND ADOPTED this 15th day of May , 1996. By: Mayor ATTEST: City Clerk 3\lah\res\lam-ea.res P ,= 7 F.A"6i7 3'3 DOCUMENT: 133073 T i t l es 1 / Pages 8 • Fees. . . .* No Fees This Document is Recorded III II II I I II II Taxes. . . For the Benefit of the .0013307324* Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code `BRENDA DAVIS RDE # 003 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 5/28/1996 When Recorded, Mail to: Recorded at the request of 2:48 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 15th day of May , 1996, by and between HUNG C. LAM and LOANIE T. and the Town of Los husband and wife, (collectively, LAM, Altos Hills, a municipal corporation, "Town" ) • RECITALS A. Owner is the owner of certain real property in the Town commonly known as 13597 Robleda Road and more particularly described ..on hih t_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; 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 the land and drainage swale on the land, including grading, vegetation removal, and erosion, recognizing that such land has substantial public value as open space and a drainage swale and that the preservation of such land as open space and a drainage swale 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: 1. Grant of Conservation Easement. Owner, as grantor, hereby grants a conservation easement to the Town over the real property described on Exhibit B hereto (the "Property") , to have and to hold said conservation easement for the term and for the • 1 3\lah\re\lam.ace ' 347Pa734 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. This Agreement is subject to all of the provisions of said sections 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 improvements approved by 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; 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 planting or removal of vegetation, except as approved by the Town's Planning Director. Vegetation should not be removed, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures. Vegetation in the drainage swale must be compatible with a native riparian environment and should serve to minimize erosion. 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. 2 3\lah\re\lam.ace p3. 7PAGE005 6. Successors in Interest. This Agreement and the conservation easement 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 Date: 6// , 1996 / '? HUNG . LAM Date: 5/f , 1996 ANIE T. LAM TOWN OFLOSALTOS HI S Date: May 15 , 1996 By: ", Its: Mayor CDATTEST: «-�.._.. City Clerk 3 3\lah\re\lam.ace P 7PAGO36 STATE OF CALIFORNIA ) ss: COUNTY OF Santa Clare On May 1 , 1996, before me, the undersigned Notary Public, personally appeared HUNG C. LAM, 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. Signature rdwilia".111614.4.1614.116.11.111 TRAC NGOC TITAN •.._';= COMM.*1040907 2 •_ Notary Public-California = SANTA CLARA COUNTY My Comm.Expires OCT 5.1998 STATE OF CALIFORNIA ) ) ss: COUNTY OF Santa Clar4 On May 1 , 1996, before me, the undersigned Notary Public, personally appeared LOANIE T. LAM, 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. Signature � ^ ,7fa TRAC NGOC TRAN COMM.#1040907 E u ffi r`' • Notary Public-California .21 � J_ " � SANTA CLARA COUNTY "� My Comm.Expires OCT 5,1998 4 3\lah\re\lam.ace • p7G7a7 EXHIBIT A • DESCRIPTION Page 1 Order No. 750963 JJ All that certain Real Property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Parcel One Beginning at a point in the center line of Robleda Avenue distant thereon N. 7° 51' W. 135.34 feet from the point of intersection of the Southerly line of Lot 19 with the center line of Robleda Avenue, as shown upon the Map hereinafter referred to; thence leaving said center line and running parallel with the Southerly line of said Lot 19, N. 87° 11' 40" W. 172 .22 feet; thence N. 2° 48' 20" E. 266.86 feet; thence S. 87° 11' 40" E. 223 .90 feet to a point in said center line of Robleda Avenue;• thence along said center line S. 12° 34' W. 40.78 feet, S. 26° 02' W. 154 .12 feet and S. 7° 51' 40" W. 86.54 feet to the Point of Beginning and being a portion of Lot 19 as shown upon that certain Map entitled, "Map of the M. & M. Taaffee Subdivision of Lot 4, of the Taaffe Partition of the Rancho La Purissima Concepcion", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on July 15, 1897, in Book I of Maps, Pages 72 and 73. Parcel Two: An easement for ingress and egress over and along a strip of land 7.50 feet wide, the Northerly line of said right of way being described as follows: Beginning at a point in the center line of Robleda Avenue, distant thereon N. 7° 51' 40" W. 135.34 feet from the intersection of said center line of the Southerly line of Lot 19 as the same are shown upon the Map of M. & M. Taaffe Subdivision of Lot 4 of the Taaffe Partition, which Map is of record in Book I of Maps, at Page 490; thence leaving said center line and running N. 87° 11' 40" W. 100 feet, being a part of said Lot 19-aforementioned, said right of way to run with and be appurtenant to the lands hereinabove described. Address Road ° pi V T1 0733 EXHIBIT "B" A 25.00 foot conservation easement,being a portion of Lot 19 as shown upon that certain map entitled"Map of the M&M Taaffee Subdivision of Lot 4 of the Taaffee partition of the Rancho La Purissima Concepcion",recorded in Book I of Maps,pages 72 and 73, Santa.Clara County.Records, and more particularly described,as follows: Commencing at the point of intersection of the southerly line of lot 19 with the center line of Robleda Avenue(currently known as Robleda Road),thence N 7 51'W 135.34 feet; thence N 87 11'40"W 40.00 feet to the point ofbeginning of this description;thence N 02 27'33"E 56.67 feet ;thence N 18 17' 08"E 53.82 feet;thence N 27 01'31" E 126.64 feet;thence N 22 35'01"W 31.91 feet;thence N 02 22'00"W 14.06 feet;thence N 87 11'40"W 25.10 feet ;thence S 02 22'00"E 20.78 feet;thence S 22 35'01".E 24.81 feet; thence S 27 01'31"W 117.00 feet;thence S 18 17'08"W 59.20 feet;thence S 02 27'33" W 59.98 feet;thence S 87 11'40"E 25.00 feet to the point of beginning, and containing 0.162 acres,more or less. l_ANDSU � ALO 13 q • Exp. ��( �' sT N° L6713 e -TTF OF CAS- SC • Pi 47 PR GE 07 3J (.• . r (N87°Hs 40'1W • QUAIL . LANE ... 25.101 - . I. I \ 1 ......... er \ s, ith 2 co 2 ,A,ri . • • NN 0 ..it4 -‘..iN ' • 94 0 o w 0 (7)-N. ••I N. 3;: 140 49... t. 8. ) CO 0 cp 0, -0. 0* wii • fif \':;"4 *. . \01 \ % O . 'T 0 0 a et • - 6o ni • , .:.* . ' 4:14, ---. • c:i•. ,,cy- .fr7 ... 13597 ROBLEDA ROAD r-• ,v 0 0 ". "ii - 0 0 LI . -' 4.1 . "0 • 1 I IZI .QIII 0 . O Ct" 0 ft/ ?°fu .c.O. 4 :. 5 10 o hi AN 07.. .so ' sC:,\), . . o 0 <(,4.3\-.0•1\-C111-I/1/ A z g . ..I9 co _in "p, n * P Cn N c Ea Q3 tf> N 2 L6713 ,;„v. 4‘.1 s . CM W . . 0° • tkl S ° in . • N OF CO° a) 2 ... • S87°11491- ., N87°11140 ''W 2500 i....\ - 40.00'-0, - 10,6 pts . • 1 .. POINT OF74 -1. , / BEGINNING- - to -. •fn - SOUTHERLY LINE OF LOT 19 tz -..--POINT OF • COMMENCEMENT . . CONSERVATION EASEMENT 13597 ROBLEDA ROAD, LOS ALTOS HILLS, CA. K W ENGINEERING, /NC. 2140 PERATA BL. 11208 I DATE : MAR. 12, 1996 FREMONT, CA.94536 n ' LAND SURVEY0f?S AlVD CIVIL ENGIIVEERS TEL. (510)795-0322 SCALE: I = 40 ' • FAX. (510)795 -0788 • JOB NO. 95 318 , ,, •