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Home My WebLink About59-96 A Fel e � I �� }', . �. , p4 AGE 1'675 RESOLUTION NO. '59-96 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 KEVIN ARTHUR FONG AND SALLY JANE FONG 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 KEVIN ARTHUR FONG and SALLY JANE FONG. 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 KEVIN ARTHUR FONG and SALLY JANE FONG. PASSED AND ADOPTED this 17t1day of July . , 1996. By: aor ATTEST: City Clerk 3\lah\res\fong-ea.res [' 1 .6 68 DOCUMENT: 13384002 itles: 1 / Pages: 8 1 II ill ow Fees. . . . * No Fees Taxes. . This Document is Recorded' Copies. .Copies. . For the Benefit of the AMT PAID Town of Los.Altos Hills And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 003 Sections 6103 and-27383 SANTA CLARA COUNTY RECORDER 7/25/1996 When, Recorded,,Mail to: Recorded at the request of 2:00 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 17th day of July , 1996, by and between :KEVIN ARTHUR FONG and SALLY JANE FONG, 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 commonly known as 26756 Palo Hills Drive and more particularly described as follows: LOT 3, as delineated upon that certain Map entitled "TRACT NO. 2554 PALO HILLS SQUARE", filed for record in " the Office of the Recorder of ,the County of Santa Clara, State of California, on November 20th, 1959 in Book 113 of Maps, at Page 56. APN: 175-33-046 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. 1 3\lah\re\fong.ace • • ? 34PAGEt 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 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, aesthetic and economic asset to the Town and the Owner. 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 of Los Altos. Hills, a municipal corporation, County of Santa1Clara, State of California, over the real property described and shown on as Exhibit A 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 2 3\lah\re\fong.ace • 434 ARE i 670 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. 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 bebinding 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 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 other than 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 3 3\lah\re\fong.ace • .• • Pt ,3.4P�. E f'67.ig. consistent with the purposes of law and not incompatible with maintaining and preserving the naturalcharacter 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. 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. 0 Date: e:$ , 1996 , KEVIN � SALL / , E FONG J TOWN OF LOS TOS1S Date: 7/i /1'1 • is 1996 By: //� Its: X41,7,4 . ATTEST: ------' City Clerk • • 4 3\lah\re\fong.ace • , pL ;3PAGEI . ; STATE OF CALIFORNIA ) Sart ft` ) ss -COUNTY OF C.sri lard ) On Ub , 1996, before me, the undersigned Notary Public, pers nally appeared KEVIN ARTHUR FONG, personally known to me (or pro d 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 ha and officia 1. • Signature • k DORCV LANG w 3: COMM.#1015333 77 NOTARY PUBLIC-CALIFORNIA zf1 , SAN MATEO COUNTY My Commission Expires January 23,1998 STATE OF CALIFORNIA ss: COUNTY .OF, �{-a SarClara • On (Uric 20 • , 1996, before me, the undersigned Notary. Public, personally appeared SALLY JANE FONG, (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. oli the instrument the person', or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature , SUZANNE DAVIS re- ,.1<� Commission#1091074 g Notary Public—California Z .4 "r Santa Clara County rnY My Comm,Expires Dec.17,1999 • • • • • 5 3\lah\re\fong.ace P4° 31PAGE667 Exhibit A. A variable width Conservation Easement lying within Lot 3 as shown upon that certain Record of Survey map filed February 20, 1996 in Book 674 of Maps at Page 17, Santa Clara County Records, being more particularly described as follows: BEGINNING at the Northeasterly corner of said Lot 3 on aforesaid map at a found. 3/4" Iron pipe capped L.S. 7044, said corner also lying at the top of an existing creek bank as of June 1996 and being the Southerly line of Palo Hills Drive; thence S 18°35' 00" W, 97.25 feet to a found 3/4" Iron pipe capped L.S. 7044; thence S 31°43' 30" W, 64.70 feet to a found 3/4" Iron pipe capped L.S. 7044; thence S 6°20'30" W, 45.30 feet to a found 3/4" Iron pipe capped L.S. 7044; thence S 26°55'30"E, 70.60 feet to a found 3/4" Iron pipe capped L.S. 7044; thence S 4°46' 00" W, 23.79 feet to a found 3/4"Iron pipe capped L.S. 7044, said point being the ° PP PP, Southeast corner of said Lot 3; thence along the Southerly line of said Lot 3, S 88°12' 55" W 22.45 feet to a point which lies 25 feet perpendicular to the top of an existing creek bank as of June 1996; thence in a general Northerly direction along said 25 foot creek bank line the following courses:N 5°16' 59" W 14.85 feet, N 26°21' 17" W 29.05 feet, N 19°04'27" W 55.24 feet, N 11°34'08"E 54.50 feet, N 26°31'59"E 61.37 feet, N 10°52'21"E 37.89 feet, and N 26°45'02" E, 48.89 feet to the Southerly line of said Palo Hills Drive; thence along said Palo Hills Drive S 84°33'40"E, 27.41 feet to the POINT OF.BEGINNING. Said Conservation Easement containing 7991 square feet of land, more or less. ,c) kAND 8149 =5 �.l M. 6q Fl 441 0 "Si 44. iV/si •42 EXP. UC.#7044 Q�Q. • - i s9r�OF CPQ-�� Exhibit /1 - P3) ° . : L - WR/VE � 0 WIL N 84°33'40-4V ZOZ.73' 27.4/' 3((1/ l P-O.5. �� h \ o � °�' QC 1 (\.) �� N 4:2) 78 -ID b.f.) AP5 78 � N I o Co N 0 25' ' t �O +- p Axa to , e 6),--5\ ,...., , z,_ 4, /� ,.\-.A,\ ,c)- . / i, ...-- EXP. 3/ 98 ® N (` / 4b ,i LIC.#7044 C ,i -57,-x, \Foc,' 43\ ��ciA i 1 1 1 16)1'7 -.' S% . i oV & N� tn o e--/-7 - 96 h ' :c°, I N :Exthtihy top of creek N H N I ' bank as of Tune, 1996. N �' h 799/sq.ft. t/- cn variable width coaservation easement. \ Z 3 1, c o s Nom` a \\ (Z5- - \\ . - (TYP•nd 3/4"_ZTOnPIPe(Pef .. 674 M. 17)•capped A/264Z1 9 ops l=- 25 \ N4.46'00 E Z , X59„W v- ;' Z3.— ,6016 ', . - -. /4.85 22.45 'SS..E ,90 $3- ivasea \ \ . . . Exhibit A - e3 a c-' 2G75G PALO H I LLS DRIVE Prepared by. Conservation Easement within Lot 3, JEFFREY M. BARNEA, PLS P.O. BOX 60338 PALO ALTO, CA 94306 (495) 856-2375 674 M.17, Santa Clara Co. Records. Scale: 1” = 40' 95-115 June, 1996