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Home My WebLink About83-96 t `; f•:r 410 • RESOLUTION NO. 83-96 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 DAVID K. STEVENSON, JOAN N. STEVENSON, AND VIRGINIA HANCOCK STEVENSON WHEREAS, the City Council of the Town of Los Altos Hills has read-and--dons idered-tha - certain__Agreement__ for Conservation Easement ("Agreement") between the Town and David K. Stevenson & - Joan N. Stevenson, husband and wife, and Virginia Hancock Stevenson, an unmarried woman. 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 David K. Stevenson & Joan N. Stevenson, husband and- wife, and Virginia Hancock Stevenson. PASSED AND ADOPTED this 2 day of October , 1996. By: Mayor ATTEST: , City Clerk 3\lah\res\stev-ea.res - 1 • (DOCUMENT: 13482123 les: 1 / Pages: 9 Fees. . . .* No Fees Taxes. . . This Document is Recorded MilCopies. . • For the Benefit .of the x0013482123* AMT PAID Town of Los Altos Hills i And is Exempt from Fee Per Government Code RDE # 011 Sections 6103 and 27383 , BRENDA DAVIS ! SANTA CLARA COUNTY RECORDER 10/11/1996 When Recorded, Mail to: ' Recorded at the request of 1 :52 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills, CA '94022 Attention: City Clerk • • • AGREEMENT FOR CONSERVATION EASEMENT • • This agreement, made and entered into this PZ - day of • �e �� , 1996, by and between David K. Stevenson & Joan N.. • Stevenson, husband and, wife, and Virginia Hancock Stevenson, an unmarried woman; (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 27650 Edgerton Road 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 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. • • • • 1 3\lah\re\steven.ace • . 411 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 Santa Clara, State of California, over the real property described and shown on as 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, . Aa_,thorizatiQn. 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. 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 paths dedicated to . the Town, providedthesereserved 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 gradingof 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 consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of the land. 2 3\lah\re\steven.ace • • 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 t Property. I _ 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 51.093 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 partie hereto have executed this agreement. O R Date: fl.---- , 1996 DAVID K. S V� ,:rSON . 111 0AN N. 'TEVENSON Date: T.� %v7` - 1996 U VIR NIA HANCOCK STEVENSON TOWN OF LO •LTOS LS / • Its: M nri do–, ATTEST: ----• City Clerk 3 =, 3\lah\re\steven.ace • I STATE OF CALIFORNIA ) ss: COUNTY OF �.,,,,.� �'(c-1 ) On SefJcmLa /3 , 1996, before me, the undersigned Notary Public, personally appeared DAVID K. STEVENSON, (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 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 hand and official seal. DAVID A.TUCKWELL Commission#1086416 '-� Signature �.� Notary,Public—Califomla- 4 nlr r San Mateo County - My Comm.Expires.Feb 4.2000 STATE OF CALIFORNIA ) ) ss: COUNTY OF 1 ) On Se.tok..4.Lei /3 , 1996, before me, the undersigned Notary Public, persdnally appeared JOAN N. STEVENSON, a (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 inher 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. in-A- --DAVID A.TU�CKWELLCommission##1086416� _ � vSan Mateo County My Comm.Expires Feb 4.2000 .Y • -' 4 3\lah\re\steven.ace • Aft • STATE OF N3 L ) V‘k+t/Va" ss: COUNTY OF At ) . On -4 - - % 9 , 1996, before me, the undersigned Notary Public, perso'ally appeared VIRGINIA'HANCOCK STEVENSON, 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 ofwhich the person acted, executed the instrument. WITNESS my hand and official s ��vE•RUDON0, Signature .�' % m`' q/��,�''s / A: 4UA 1.11;k 9�3 , c�,g` 111 '0�..,. •S � STATE OF Kfill Z I t' ss: COUNTY OFv On '--/Y"-`7‘ , . 1996, before me, the undersigned Notary Public, personally appeared '�nrr fi b , personally known to me (or proved to fie on the basisof satisfactory evidence) to be the person whose name is subscribedto 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, orthe e. - D10,,11 behalf of which the person acted, executed the instr,,>►cootto , ...4"• , 11 WITNESS my hand and official spa O 7 A R N% 10 N :* tjJ Signature � , ,11, .'', %%fi te \\1foorg 5 3\lah\re\steven.ace . • r Giuliani & Kull, Inc. Engineers • Planners • Surveyors Cupertino - Oakdale - Auburn August 14, 1996 JOB NO 4106 LEGAL DESCRIPTION CONSERVATION EASEMENT LANDS OF STEVENSON ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED"MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION IN THE RANCHO LA PURISSIMA CONCEPCION"WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 25, 1894 IN BOOK H OF MAPS AT PAGES 76 AND 77, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF THAT CERTAIN 2.50 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM E.C. COLBY ET UX, TO JAMES C. HICKS ET UX, RECORDED JULY 9, 1953 IN BOOK 2681 OF OFFICIAL RECORDS AT PAGE 13, SANTA CLARA COUNTY RECORDS WITH THE DIVIDING LINE BETWEEN LOTS 22 AND 23 AS SAID LOTS ARE SHOWN ON THE HEREINABOVE DESCRIBED MAP, THENCE ALONG SAID DIVIDING LINE THE FOLLOWING COURSES: NORTH 6° 20'WEST 54.22 FEET; NORTH 28° 30'WEST 102.96 FEET; NORTH 43° 00' WEST 198.66 FEET; AND NORTH 47° 00' WEST 100.00 FEET; THENCE LEAVING SAID DIVIDING LINE SOUTH 43° 00'WEST 23.00 FEET; THENCE SOUTH 31° 17'29"EAST 66.48 FEET; THENCE SOUTH 40° 33' 19" EAST 84.13 FEET; THENCE SOUTH 46° 30' 55"WEST 58.67 FEET; THENCE NORTH 84° 20' 58" WEST 47.80 FEET; THENCE SOUTH 66° 13'46" WEST 82.94 FEET; THENCE SOUTH 68° 44' 53"EAST 112.26 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, California 95014 • (408) 257-6446 . • • • OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 46° 02' 59" AN ARC DISTANCE OF 32.15 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 65° 12'08"'EAST 61.83 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 90.00 FEET THROUGH A CENTRAL ANGLE OF 86° 17' 52" AN ARC DISTANCE OF 135.56 FEET; THENCE TANGENT TO THE PRECEDING CURVE SOUTH 28° 30'00"EAST 29.65 FEET; THENCE SOUTH 6° 20' 00" EAST 81.94 FEET TO A POINT IN THE HEREINABOVE. DESCRIBED NORTHWESTERLY LINE OF THE 2.5 ACRE TRACT; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 69° 55' 59" EAST 25.74 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION. "o x.Pow 861. �r5 OA E.'-G (' \ V 3 4 * Exp. O O *j • • �,� No. L5792 \t. P4'OF ��V\I: _ • c • 80 0 80 I60 3 3 73 1 — — — _ * Exp. (p-30•Qo * 1 I" BO p,pD�� ? .5► No. L5792 `l, , SCALE I = 80 oF co ku - '!k,' % k W IT m % / 4,95=0e.0:52-14- w F / - . ¢7.®o' - �w :3„ti % • • ..Ss uti N/ — x Nom- 6i�3' ,2=40' 1/6.547e'o'E G=46'02,'.5.9" P-90' G=3z/5' d-8 °/7 ---- G=/35.56' a - w SvaB' - '`30�Cd'E--- - - �$ LANDS OF STEVENSON 0,0 to •• 4,698.55'59"6- •• ti 060 t.. %.• ;• s % r— ..• 13 -)3� C: . '.{ 7O Z 1 • . PLAT TO ACCOMPANY , DATE : 8-15-96 Giuliani & Kull, Inc. LEGAL DESCRIPTION .irt=Ll1 �11•Iih['II -1TI1'L ,il SCALE : T S Eta 20431 Stevens Creek Blvd. • Suite 230 DRAWNE: T. Cupertino, CA 95014 CON SERVATION EASEM ENT (408) 257-6446 DESK3NED : S. R (408) 257-6456 (Fax) LOS ALTOS HILLS , CALIFORNIA SHEET 1 OF 1 JOB N0;4106