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Home My WebLink About54-99 � W ` 10 RESOLUTION NO. 54-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF THE AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND WINSTON AND ELAINE LAMBERT . WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read and considered that certain Agreement for Conservation Easement ("Agreement") between the Town and Winston and Elaine Lambert. NOW, THEREFORE, the City Council of the Town does hereby RESOLVE as follows: 1 Public interest and convenience require the City of Los Altos Hills to enter into the Agreement described above. 2. The City 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 City of Los Altos Hills and Winston and Elaine Lambert. PASSED AND ADOPTED this 7th day of October , 1999. Ma',.r ATTEST: _. -- _ - -- -- --- -- - -- - -- - - -- - . ..) Town Clerk • N:\DATA\Clients\L\LAH\Projects\Lambert\conservEas.res •- DOCUMENT: 150281• Titles: 1 / Pages: 7 Fees. . . .. No Fees 111111111111 Taxes. . . This Document is Recorded 6615e2171 Copies. . For the Benefit of the AMT PAI D Town of Los Altos Hills And is Exempt from Fee I BRENDA DAVIS RDE # 003/015 Per Government Code SANTA CLARA COUNTY RECORDER 10/22/1999 Sections 6103 and 27383 Recorded at the request of 9: 13 AM City When Recorded, Mail to: 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 7th day of October .1999, by and between Winston Lambert and Elaine Lambert,-husband and wife as community property, (collectively "Owners") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owners are the owners of.certain real property in the Town of Los Altos Hills commonly known as 24700 Olive Tree Court, more particularly described as Lot 24, as shown upon that certain Map entitled "Tract No. 2958 Olive Tree Hill",which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 21, 1961 in Book 132 of Maps, at pages 12 and 13. 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 Town's General Plan and in-the best interest of the Town. D. Both Owners 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 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 1 N:\DATA\Clients\L\LAH\Projects\Lambert\conserv.eas • • constitutes an important physical, social, aesthetic and economic asset to the Town and the Owners. 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. Owners, as grantors, hereby grant a conservation easement to the Town of Los Altos Hills, a municipal corporation, County of Santa Clara, State of California, overthe real property described and shown as Exhibit A, attached hereto (the"Easement"),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 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. Owners, for the direct benefit of the Easement described herein, hereby declare that the Easement 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 Owners to construct any improvements on or within the Easement 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 otherthan attendant to permitted uses;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. 2 N:\DATA\Clients\L\LAH\Projects\Lambert\conserv.eas ` `.• '• • • 4. 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 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 run with the Easement and shall be binding upon an 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: 9/17 , 1999 - ► . Winston Lambert Date: , 1999 � Elaine Lambert OF LALT. HILLS Date: October 7 , 1999 Mayor ATTES City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Lambert\conserv.eas • • STATE OF CALIFORNIA M L ss: COUNTY OF�eot V Mea On 5 p. -eWt ( 1 , 1999, before me, the undersigned Notary Public, personally appearedZi ,. ElqLacunes rt; 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 they executed the same in their authorized capacity,and that byy his signature on the instrument the person,or the entity upon behalf of which the person. acted, executed the instrument. WITNESS my -nd and official seal °•4 GRACIELA B.DUBUK IT. Signat Xr'•t�= NOTARY PUBLIC-CALIFORNIA 7:; 4.► SAN MATED COUNTY J My Comxpires May 15,2000 m.E STATE OF CALIFORNIA ss: COUNTY 0FSak M On p)Q .1pe� 2 Z , 1999, before me, the undersigned Notary Public, personally a eare'b k personally known to me (or proved to me on the basis of pp r�s•Fon lstr�t,loer-f;p y satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, exec1 ted the instrument.. WITNESS my h. d and official seal. ` 11 l ' A - ^ -- A •.•‘,14‘.°:• GRACIELA B.DUB COMM. #1098100 UK X '1'%224,.1.5a1--4.-..,4y- NOTARY PUBLIC-CALIFORNIA Z. Signa r My Comm.Expires Mey 17.9. STATE OF CALIFORNIA ss: COUNTY OF On • , 1999, 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 they executed the same in their 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 4 N:\DATA\Clients\L\LAH\Projects\Lambert\conserv.eas • EXHIBIT "A" The following description encumbers lands situated in the Town of Los Altos Hills, County of Santa Clara, State of California: A NON-EXCLUSIVE EASEMENT FOR CONSERVATION PURPOSES over a portion of Lot 24, as shown upon that certain Map entitled, "Tract No. 2958 Olive Tree Hill", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 2, 1961 in Book 132 of Maps, at pages 12 and 13, said portion being all that land lying northeasterly of the following described courses dividing said Lot: Beginning at a point in the southerly line of said Lot 24 distant thereon South 74°15'00" East 170.40 feet from the most westerly corner of said Lot; thence from said point of beginning and leaving said southerly line North 22.92 feet;thence North 15°00'00" West 20.00 feet;thence North 5°00'00" West 30.00 feet;thence North 17°00'00" West 43.00 feet; thence North 23°00'00" West 20.00 feet;thence North 12°00'00" West 28.00 feet;thence North 45°00'00" West 3.00 feet;thence South 85°00'00" West 10.00 feet; thence North 10.00 feet to a point in the westerly line of said Lot, said point being distant thereon North 26°15'00" East 15.00 from the southerly terminus of the course shown as "S 26°15'00" W 215.001" on said map and said point being the terminus of the hereinabove described courses dividing said Lot. 8/02/99 APN 336-35-030 lanbert.conserv.ease.pad.doc/I ambertdk 1-7ir."\\\\ 001' 0 RICHARD SKIERKA 0 L.S.4840 LIC.EXP. * 4.2060 674 leOF ., N56°24'53"W a r- la iiir • — . 14,0",W18-"TH- 1 , oos VP N i 1 i-1N i If 1 i , I '111, • lek\k. ii I" ' . \ CP 'l \lo'19i, . j C ,,,,,,,,s. oo o `t%)' 1 \ ^ Io 4. \.41‘pkt.lt.5.:7):-1 r ca .01 +,. ` \ 15.oo O 1. N26'15,00.E l `: ,,:. 1‘ . % \\ ‘ _, s''.• \ n 'N,,,,\t„, ,NN . „3„,-,,,),,,„„5, ./.\,,,,,\ ck, ,,,„.., gitro )00A ,N,„\ , 4,, ek, .10-- „a _ \ . . s74°15'Op k 1L11:11".* E 1 1 N 0°00' 00"W 22.92' 2 N 15°00' 00”W 20.00' ,� 3 N 5°00' 00"W 30.00' 4 N 17°00' 00"Jr 43.00' �'- ��P�LgNpsG 6 N 12°00' 00"W 28.00' �C RICHARD RICHARD �G 7 A4 45°00' 00"N/ 3.00' Lc."k rr 8 5 85°00' 00"W 10.00' o LS. t 9 N 0°00' 00"W 10.00' ap- LIC.EXP. ZD * 9- 01 �- \ sl4TfOfCAl1F��\R t F RICK SKIERKA EASEMENT PLAT LICENSED LAND SURVEYOR REFLECTING A PROPOSED CONSERVATON EASEMENT OVER A PORTION OF THE LANDS COMMONLY KNOWN AS LOT 24 SHOWN ON VOL.132 OF MAPS AT PG. 12 BEING P.O.BOX 620182 ALSO KNOWN AS ASSESSOR'S PARCEL NO. 336-35-030, WOODSIDE CALIF. 94062 SANTA CLARA CO. RECORDS, STATE OF CA. (650)851-1236 --FOR-- FAX (650)322-1536 MR. WINSTON LAMBERT 24720 OLIVE TREE CT. DATE: 8/01/99 JOB NO. 96-10 LOS ALTOS HILLS, CA. 94022 (650)949-1320