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HomeMy WebLinkAbout53-96 RESOLUTION NO. 53-96 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 EVAN T. WYTHE AND JANET M. VITU 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 EVAN T. WYTHE AND JANET M. VITU. 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 EVAN T. WYTHE and JANET M. VITU. PASSED AND ADOPTED this 19th day of June 1996. By: ___; M.yor ATTEST: City Clerk • -Wod�� P 2 3 PA GE I 513 • RECEIVED 3 This Document is Recorded For the Benefit of the TOWN OF LOS ALTOS HILLS Town of Los Altos Hills And 'is Exempt from Fee DOCUMENT: 13372028 Titles: 1 / Pages: 7 • Per Government Code Sections 6103 and 27383 Fees. . . . No Fees When Recorded, Mail to: Taxes. . . • m0 13372028m Copies. . ° Town of Los Altos Hills AMT PAID 26379 Fremont Road Los Altos Hills, CA 94022 BRENDA DAVIS RDE # 004 Attention: City Clerk SANTA CLARA COUNTY RECORDER 7/18/1996 Recorded at the request of 3:08 PM City AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this 19th day of June , 1996, by and between EVAN T. WYTHE and JANET M. VIT !, husband and wife, (collectively, '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, which real property is described as Lots 1 through 3 on the Parcel Map filed for record the /874 . day of `3L.Ly '/9? , in Book 409 of Maps, Pages 'f( through LH- in the official records of the County of Santa Clara. 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 1 3\lah\re\wyth-vit.ace 411V P423PAGE15 • property described as Exhibit A hereto (the "Property") and shown approximately on Exhibit B hereto, 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. 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 orremoval of vegetation, except asapproved 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 2 3\lah\re\wyth-vit.ace • p423P GEIS 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 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 Date: NAct.A1 g , 1996- \ EVAN H ' Date: 5/ g , 1996 �' �� ///J ET M. VIT�� TOWN OF L0/ " S Date: June 19 , 1996 By: Its: Mayor ATTEST: ity Clerk 3 3\lah\re\wyth-vit.ace Pk" 23PAGOI6 STATE OF CALIFORNIA ) ) ss: COUNTY OF Santa Clara ) On May 8, 1996 , 1996, before me, the undersigned Notary Public, personally appeared EVAN T. WYTHE, IsEerisodstaliv[ximentrixxtzocx3necx4o2t 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. t WITNESS my han, and official seal. " "� LINDA THURSTON co 0 COMM. #972321 3 t. ; :.>f�.i NOTARY PUBLIC-CALIFORNIA �� ' M SANTA CLARA COUNTY d Signatur= � � .��-•��-� y Comm. Expires Aug.30, 1996— d. Thurston, Notary Public L STATE OF CALIFORNIA ) ss: COUNTY OF Santa Clara ) On May 8, 1996 , 1996, before me, the undersigned Notary Public, personally appeared JANET M. VITU, TrarsmalcIlaxkllownxxtOxxmRcx4Itax 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 han• and official seal. LINDA THURSTON (I) o. .... 0 "". #2.0g. Qn ,.,,r Ls NOTARYAPU SANTCBLAIRA COUNTY a Signatur N \4:-71,."'' My Comm. Expires Aug. 30, 1996 L .a Thurston, Notary Public --- 4 3\lah\re\wyth-vit.ace u4' 23pAGE I. 7 Job No. 95-214 March 8, 1996 EXHIBIT 11A" CONSERVATION EASEMENT A Conservation Easement over that certain parcel of land situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described in that certain Individual Grant Deed recorded May 17, 1995 in Book N853 of Official Records, at page 1753, Santa Clara County Records, said Conservation Easement being more particularly described as follows: BEGINNING at the southwesterly corner of that certain parcel of land situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described in that certain Individual Grant Deed recorded May 17, 1995 in Book N853 of Official Records, at page 1753, Santa Clara County Records; thence along the westerly line of said parcel, North 29°18'00" West 19.85' to the TRUE POINT OF BEGINNING; thence leaving said westerly line, North 70°38'00" East 7.63 feet; thence North 83°04'30" East 341.72 feet to the beginning of a curve concave to the south having a radius of 41.0 feet; thence easterly 55.94 feet along said curve through a central angle of 7°49'05"; thence South 89°06'25" East 132.09 feet to the easterly line of that certain parcel of land situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described in that certain Individual Grant Deed recorded May 17, 1995 in Book N853 of Official Records, at page 1753, Santa Clara County Records; thence along said easterly line, North 4°20'00" West 245.96 feet; thence leaving said line through the following courses: South 85°40'00" West 45.00 feet; South 4°20'00" East 110.75 feet; South 79°40'50" West 28.54 feet; South 83°51'05" West 53.00 feet; South 78°08'44" West 155.66 feet; South 54°46'29" West 48.50 feet; South 64°54'42" West 178.00 feet; South 56°38'15" West 54.23 feet to the said true point of beginning of this description, containing 1.157 acres of land, more or less. (3-96.Mac5B) �Fo \n,n�0 sriR V.. L006817 . EXP. 9-30-9-6 QTc OF 0„l‘`v" - ; COU SAND CURVE DATA FOR CONSERVATION E.MENT ® N. -75°18'o°W. 15.85' ® 54.620100"E 110.75' -0 ' ® N.10' 3$100" 7,63' 0 5.79'40'50"W 28.54' 4:.. 0 N,83'04' 30"E 341.72' 0 S. 83'51'05"W. 53.00' N © A:7'49'0511::55.94R=410 ® 9.75'08'44"W. 155,66 -, ® 6.89.06'25"E 132,09' © S. 54°46' 29"W. 48.50' c, ® N. 4°20'00"W. 245.96' 0 S. 64'54' 42"W. 078.00' cn 0 5. 85'40'00"W. 45.00' 0 5. 56°38' 15" W. 54,23' — co • SCALE : 1"=100' • LOT 2 LOT 3 LOT 1 C)/ PARCEL M P TO OE RECORDED t•�-�� . CONCURRENTLY WITH THIS DOCUMENT ' LAND OF 1NYTH E 191 o Qo ' , de'. AZ__ -. T.! . . . V. -S� - H.. � LANE (PRIVATE EASEMENT - CP\ UCI MOO �'w1DE) Ot. sv\ g�0 LAND sC ° Pg�� P0,'9. CONSERVATION EASEMENT w6( c_,`( ►-o�� 574 5 LEGEND 4- N'0. L006 T7 1-.--'4 P.0.9. POINT OF BEGINNINGEXP. 9-30-96 cf T.P.O.8. TRUE POINT OF BEGINNING 2,-(7 n CAVA' PLAT TO ACCOMPANY ,LEGAL DESCRIPTION FOR : CONSERVATION EASEMENT Design By: N M L '�' `r��ii,r Scale: �� s 100 ' . • _ l 1�1s. siN I N,T. L Drawn By. CONSULTANTS Date:, :2y' 1S,:96 BF N M L cmL ENGINEERS/svlYORsirt � . 21 check ® a77� �,sAr c L Cts 1 JCB r "°"L n_. ..,:s s •_- ,..>.. ......_. .: ::.�r'L.... :?T—N..,-.°,715.,z,,,,, �,.• .".L.,:--