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Home My WebLink About66-96 • • RESOLUTION NO. 66-96 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION AND OPEN SPACE EASEMENT ON LANDS OF SISSU, L.P. WHEREAS, Sissu, L.P. , has offered to grant a conservation and open space easement to the Town of Los Altos Hills (the "Town") on, over, and across the real property owned by it at 25525 Moody Road; and WHEREAS, the City Council of the Town has read and considered that grant of conservation and open space easement. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. The City Council of the Town hereby accepts the grant of conservation and open space easement on Lands of Sissu, L.P. , on behalf of the public. 2 . The Town 'of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Grant of Conservation and Open Space Easement. PASSED AND ADOPTED this 21st day of August , 1996. By: ‘ Mayor ATTEST: City Clerk 3\lah\res\sissu-os.res This Document is Recorded For the Benefit of the DOCUMENT: 13458514 Titles: 1 / Pages: 9 Town of Los Altos HillsIII Fees. . . . No Fees And is Exempt from Fee Taxes. . . Per.Government Code #6e134;8514�t Copies. . Sections 6103 and 27383 AMT PAID BRENDA DAVIS RDE # 009 When Recorded, Mail to: SANTA CLARA COUNTY RECORDER 9/24/1996, Recorded at the request of 2:40 PM; Town of Los Altos Hills j North American Title Company 26379 Fremont Road • Los Altos Hills, CA 94022 Attention: City Clerk r CONSERVATION AND OPEN SPACE EASEMENT This Conservation and Open Space Easement("Agreement") is made and entered into this z)16' day of e/42�1 , 1995,by and between SISSU, L.P., a California Limited Partnership, as "OFner" and the Town of Los Altos Hills, a municipal co oration as "Town". P 1P RECITALS: A. . Owner is the owner of certain real property located in the Town,which real property is more particularly described on Exhibit A attached hereto (the "Property"). 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 fmds the easements granted herein 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 by dedication of the easements granted herein in order to reduce potential adverse impacts on the Property including grading,vegetation removal, and erosion,recognizing that the Property has substantial public value as open space and that the preservation of the Property as open space 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: 111. • 1. Grant of Conservation and Open Space Easement. Owner, as grantor,hereby grants a conservation and open space easement to the Town over those portions of the Property as shown on Exhibit B attached hereto (the "Conservation Easements"),to have and to hold said Conservation Easements for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Statutory Authorization. The grant of the,above Conservation Easements shall be 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 Conservation Easement 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 Easements. During the term of this Conservation Easement, the Conservation Easements shall not be used for any purpose other than as a conservation and Conservation-Easement and those uses related to or compatible therewith. Owner for the direct benefit of the public and the Owners of each Lot,hereby declare that the Conservation Easements shall be subject to the following restrictive covenants which shall run with the land and shall be binding upon all subsequent grantees: (a) No buildings, structures or improvements (including fences) shall be constructed on or within the Easements except as necessary in connection with any public or private utility 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 and preserving the natural or scenic character of the land. Notwithstanding the above, lawful fences shall be allowed within that portion of the Conservation Easements along the frontages of Altamont and Moody Roads as more particularly shown on Exhibit C and the existing water tank shown on Exhibit B shall be allowed within the Conservation Easement. (b) No natural resources shall be extracted from the Easements nor shall other activities be allowed or conducted on the Easements which may destroy the unique physical and scenic characteristic of the land, and (c) No grading of the Easements shall be allowed other than attendant to permitted uses; and (d) No vegetation on the Easements shall be cut or removed, except as may be required for fire prevention,thinning, elimination of diseased growth, and similar measures. Notwithstanding the above,the Heritage Oak Trees located within the Conservation Easements and more particularly identified on Exhibit D attached hereto shall not be cut,pruned, or thinned except as'proposed by a certified arborist and as approved by the Town. 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 - • • • 4. Restrictions on Public Use. The public shall not have a right of entry upon the Conservation Easements. The right of entry and surface use is limited solely to the Town,but only for the purpose of inspecting the landscaping,trees or natural growth upon the Easements. 5. Term of Conservation Easement. Notwithstanding the expiration or other termination of this Declaration,the Conservation Easement shall be effective on the date of recordation and shall remain in effect in perpetuity,unless abandoned pursuant to Government Code Sections 51- 03 and 51094,or any successor legislation. 6. Successors in Interest. The Conservation Easements granted herein 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: ieR // 96 6 SISSU,L.P., a California Limited Partnership Partnership By: / Ali S CLERK APP.'OVED AS TO FORM; City ATTrRNEY • • State of ULYt,L•C✓ County of 3 a-- a' On J(- _sz— I, 19 9( before me, C.� curl a—, / DATE NAME,7771.E OF OFFICER-E.G.,"JANE OE,NOTARY PUBLIC" personally appeared QUA.I NAMES(S)OF SIGNER(S) Kpersonally known to me-OR—( )proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SEANA M. FREY WITN : y hand and official seal. vow'11.131 ' COMM. #975854 El �8. NOTARY PUBLIC-CALIFORNIA s� '` �j' SANTA CLARA COUNTY 'J . ,� � My Comm.Expires Oct.21,1996 SIGNATURE OF NOTARY DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL) State of County of On before me, DATE NAME,7TI7.E OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared NAMES(S)OF SIGNERS) ( )personally known to me— OR—( )proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL) • • Exhibit "A" Legal Description All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California and described as: Tract No. cna\ , filed on ck-ay "9( , in Book 6S5 D- of Maps, at Pages g,q4-1 o , in the Office of the Recorder, County of Santa Clara. • . • 4 ..... . • • -7..,WANIW ....4 .4 CONSERVATION EASEMENTS / -k 0 100 200 400 Ili SCALE 19 - 200' � �o QoN _ - __ _ _ 00 ,-- 6 4 . 51=-1-; 3 -_- OF WATER • /0 --,- - - '- TANK 7 - - ,w 1 EXHIBIT " B" CONSERVATION EASEMENTS NOTE: SEE TRACT MAP FOR DIMENSIONS TRACT NO. 8721 LEA & SUNG ENGINEERING, INC. HIDDEN SPRINGS CIVIL ENGINEERS • LAND SURVEYORS SUBDIVISION 26229 EDEN LANDING ROAD, SUITE 2 HAYWARD, CALIFORNIA 94545 (510) 887-4086 LOS ALTOS HILLS, CA. FAX (510) 887-3019 • . • • ALLOWABLE FENCING AREAS 0 100 200 • 400 IN CONSERVATION EASEMENTS AT MOODY RD. AND ALTAMONT RD. SCALE: 1. 200' 6 4 O . EXHIBIT " C" ALLOWABLE FENCING AREAS IN CONSERVATION EASEMENTS AT MOODY RD . AND ALTAMONT RD . NOTE: SEE TRACT MAP FOR DIMENSIONS TRACT NO. 8721 LEA & SUNG ENGINEERING, INC. HIDDEN SPRINGS CIVIL ENGINEERS • LAND SURVEYORS SUBDIVISION 26229 EDEN LANDING ROAD, SUITE 2 HAYWARD. CALIFORNIA 94545 (510) 887- 6 LOS ALTOS HILLS, CA. FAX (510) 840887-3019 • 117 HERITAGE TREES (DRIP LINE) 0 100 200 400 SCALE 1' - 200' H4-NUMBERED HERITAGE TREE PER BARRIE D. COATES & ASSOC. REPORT NO. 10-94-333-A - TYP. 44"'p 1 - - 2 pZ -- H4 /HHH2L - 00 0 EXHIBIT >> D» HERITAGE TREES NOTE: SEE TRACT MAP FOR DIMENSIONS TRACT NO. 8721 LEA & SUNG ENGINEERING, INC. HIDDEN SPRINGS CIVIL ENGINEERS • LAND SURVEYORS SUBDIVISION 26229 EDEN LANDING ROAD, SUITE 2 HAYWARD, CALIFORNIA 94545 (510) 887-4086 LOS ALTOS HILLS, CA. FAX (510) 887-3019