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Home My WebLink About44-96 • Y • � (i 5 PA�, 342 1 RESOLUTION NO. 44-96 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 WINDY HILL ASSOCIATES 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 WINDY HILL ASSOCIATES. 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 WINDY HILL ASSOCIATES. PASSED AND ADOPTED this 5th day of June , 1996. By: Mayor ATTEST: City Clerk 'P' 4' 15PAGE 1335• • This Document is Recorded DOCUMENT: 13364602 Titles: l' / Pages: 8 For the Benefit of the . Town of Los Altos Hills Fees. . . . 28.00 And is Exempt from Fee 111 111, 11 11 1111 111 1 0 Taxes. . Per Government Code Copies. . Sections 6103 and 27383 m0013364602miAMT PAID. 28.00 When Recorded, Mail to: ' - Town of Los Altos Hills BRENDA DAVIS RDE # 005 26379 Fremont Road SANTA CLARA COUNTY RECORDER 7/12/1996 Los Altos Hills, CA 94022 Recorded at the request of 4: 18 PM Attention: City Clerk • First American Title Company AGREEMENT FOR .CONSERVATION EASEMENT This agreement, made and entered into this 5th day of ,Tune , 1996, by and between WINDY HILL ASSOCIATES, a California corporation, ("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 27190, 27200, and 27210 Ohlone Lane and more :particularly described on Exhibit 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 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 1 3\lah\re\windy.ace • . . p4I 5 P11411 3 3 6 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, aestheticand economic asset to the Town and. the=-Owner. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and thesubstantial 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 Exhibit B 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 conservationeasement granted herein, the Property shall not be used for any purpose other than a 2 3\lah\re\windy.ace • p415P. I337 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 Ownertoconstruct . 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 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; 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 To -n, but only for the purpose of 3 3\lah\re\windy.ace Pli15 .Ef338 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 runwith 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 14 w Date: , , 1996 WINDY HILL ASSOCIATES, Californ' - cor•o_, - S • N .Ce P s i ent TOWN OF LOS ALTOS ILLS Date: June 5 , 1996 By: Its: Mayor ATTES ity Clerk 4 3\lah\re\windy.ace • P 5Pe1339 y - STATE OF CALIFORNIA ) ,p ) ss: ale COUNTY OF 1 W ) On 'V "4 01 , 1996, before me, the undersigned Notary Public, personally appeared SUSAN FOX, 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 •myi:nd and .official seal. . . Signature �' .- niiiiii;:247;;;;;;;;;r1; � Comm.#975911 NOTARY PUBLIC-CALIFORNIA San Mateo County �} My Comm. Expires OcL 2a 1996 •+ STATE OF CALIFORNIA ) ss: COUNTY OF ) On , 1996, before me, the undersigned Notary Public, personally. .appeared-„- _ , 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/she executed the same in his/her authorized capacity, and that by his/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 • 5 3\lah\re\windy.ace • • P 5.6k 1-34 0 Exhibit "A" All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California and described as: Parcelso. 1, 2 and 3 shown on the Parcel Map filed on a v� 1a,\ctq 1 , in Book (el`i of Maps, at Pages 1S + , in the Office o1 the Recorder, County of Santa Clara. • P14 1,1 a 13 4 I Exhibit "B" All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California and described as: The Conservation Easement shown ortyarcels No. 1, 2 and 3 on the Parcel Map filed on ,)‘A,1/43, \a t \ 1o, in Book 1 `l q of Maps, at Pages I q c=fran , in the Office of tee Recorder, County of Santa Clara.