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Home My WebLink About107-96 . . • • RESOLUTION NO. 107-96 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 JOHN F. NORHEIM AND JOAN E. SHERLOCK-NORHEIM 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 John F. Norheim and Joan E. Sherlock-Norheim. 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 John F. Norheim and Joan E. Sherlock-Norheim. PASSED AND ADOPTED this 4th day of December , 199 By: , / " Mayor ATTEST: ( City Clerk 3\lah\res\sher-ea.res •_ . • ,g DOCUMENT: 13549135 Titles: 1 / Pages: 8 This Document is Recorded Fees. . . .* No Fees For the Benefit of the Taxes. . . Town of Exemptfrom Fee Los ls 0 II 111 111 11111111 11 11 And isi A0013549135A Cop i es. . Per Government Code AMT PAID Sections 6103 and 27383 When Recorded, Mail to: BRENDA DAVIS RDE # 004 SANTA CLARA COUNTY RECORDER 12/11/1996 Town of Los Altos Hills Recorded at the request of 3: 17 PM 26379 Fremont Road City Los Altos Hills, CA 94022 Attention: City Clerk • AGREEMENT FOR CONSERVATION EASEMENT /(J�This greement, made and entered into this ,A- S day of 1996, by and between JOHN F. NORHEIM and JOAN E. SHERLOCK-NOEIM', 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 27261 Sherlock 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\1ah\re\sher-ce.agm • • • 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 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. 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 fpr 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 consistent with the purposes: of law and not incompatible with maintaining and preserving the natural character of the land. 2 3\lah\re\sher-ce.agm • • • 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. OWNER Date: - Date: I ( , 1996 ( JOHN F. NORHE M Date: f� -2 � , 1996 , ` J• . E. SHER OCK-NORHEIM TOWN OF LO/ALT• F LS/ Date: December_ 4 , 1996 By: .. Its: Mayor ATTEST: City Clerk 3 3\lah\re\sher-ce..agm • 4 • STATE OF CALIFORNIA ) ss: COUNTY OF Alameda ) • On Nov. 25 , 1996, before me, the undersigned Notary Public, personally appeared JOHN F. NORHEIM, personally known to me (or proved to me on the basis of satisfactory evidence) to be the personwhose 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 handand official seal. • TONYA K'SANNER ,r z:-; COMM.#991747 Signature ` ) : �!,.' Notary Public—California / �•.wq'. fir r^-vt-a v ALEDA COUNTY My Comm.Expires APR 1 a,1997 .i,24p` '..3.6 y • • • STATE OF CALIFORNIA ) ) ss: COUNTY OF Alameda ) On Nov. 25 , 1996, before me, the undersigned Notary Public, . personally appeared JOAN E. SHERLOCK-NORHEIM, 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, uthorized- capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the personacted, executed the instrument. • WITNESS my hand and official seal. TONYA K SANNER f, COMM.#991747 Signature off$ Notary Public—California SA AtAMEDA COUNTY ° My Comm.Expires APR 18,1997 4 3\lah\re\sher-ce.agm UNDERWOOD & ROSENBL • • • CIVIL ENGINEERS AND SURVEYORS 1RI 370 Vander Way, Suite B, San Jose, CA 95112 Tel No. (408)971-1454 FAX No. (408)971-1486 EXHIBIT "A" LEGAL DESCRIPTION • ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF LOS ALTOS HILLS, DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT AND PARCEL, BEING A PORTION OF THE EALNCO RANCHO, AS DESCRIBED IN AND CONVEYED BY DEED FROM ANTONIO BAU BLANCO AND WIFE, TO REDWOOD CITY REALTY COMPANY, A.CORPORATION, DATED MARCH 29, 1911, RECORDED IN BOOK.370 OF DEEDS, PAGE 50, IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AND SAID RECORD THEREOF REFERENCE IS HEREBY MADE AND THE SAME MADE APART HEREOF, AND MORE PARTICULARLY BOUNDED AS FOLLOWS: COMMENCING AT A STAKE MARKED "JB 2 1/2"SET AT THE SOUTHEAST CORNER OF THE BLANCO RANCHO; THENCE ALONG THE SOUTHERLY LINE OF SAID RANCHO S82°50'W 765 FEET; THENCE N6°45'W 228 FEET; THENCE S89°15'W 325 FEET; THENCE N83°10'W 367 FEET; THENCE N59°40'W 217 FEET; THENCE N37°40'W 141 FEET; THENCE N51°45'W 97.5 FEET TO THE POINT OF BEGINNING OF THE PROPERTY TO BE HEREINAFTER DESCRIBED; THENCE N51°45'00"W 121.50 FEET; THENCE N69°15'00"W 82.00 FEET;THENCE N17°10'00"E 415.00 FEET; THENCE S79°30'00"E 206.50 FEET; THENCE S16°40'00"W 500.50 FEET TO THE POINT OF BEGINNING. APN 182-30-013 COMMONLY KNOWN AS: 27261 Sherlock Road Los Altos Hills, CA SAND S C.)(� .Rt7SF cp .4'11 44IIP s• 10. .39g. - ,4 OFCALdG1��P . _• f .. - • • UNDOD & CIVIL ENGINEERS ANDROSENBLUM SURVEYOR 1370 Vander Way, Suite B, San Jose, CA 9511S2 Tel No.(408)971-1454 FAX No. (408)971-1486 - EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN.REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED AND CONVEYED FROM GERTRUDE M. SHERLOCK, TRUSTEE OF THE GERTRUDE M. SHERLOCK REVOCABLE TRUST, TO JOHN F. NORHEIM AND JOAN E. SHERLOCK-NORHEIM, HUSBAND AND WIFE AS JOINT TENANTS, BY DEED RECORDED ON JULY 16, 1991 IN BOOK L784 OF OFFICIAL RECORDS PAGE 1081, COUNTY OF SANTA CLARA RECORDS, AND BEING THE NORTHERLY PORTION AND SOUTHERLY PORTION OF SAID PARCEL; AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: NORTHERLY PORTION COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL, THENCE, " SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL S16°40'00"W, 87.50 FEET; THENCE, LEAVING SAID EASTERLY LINE, WEST 215.47 FEET TO THE WESTERLY LINE OF SAID PARCEL; THENCE, NORTHEASTERLY ALONG SAID WESTERLY LINE, N17°10'00"E, 127.12 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL; THENCE, EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL, S79°30'00"E, 206.50 TO THE POINT OF BEGINNING. - SOUTHERLY PORTION ALL THAT PORTION OF SAID PARCEL SOUTHERLY OF A 60 FOOT WIDE PATHWAY EASEMENT DEDICATED TO THE TOWN OF LOS ALTOS HILLS BY RESOLUTION NO. 31- 93 OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AND RECORDED ON MAY 17, 1993 IN BOOK M779 OF OFFICIAL RECORDS PAGE 1382, COUNTY OF SANTA CLARA RECORDS. APN 182-30-013 +yy- • �o LAND ysG v(�� 0.ROSE 'QGR yA Cr, O Lae . _ - _ �� ► • J 711/ 11111 N•. 95. S 79.317°°' 1 206 5p, a Willih ii0 . POINT OF BEGINNING h . �o co WEST 215.47' Al1 73 o J51 g SHERLOCK /h DEED L784 OR 1081 cola Io% � R�0 "' IRI ._. _ _,_ _ ,_, /IN 60' PATHWAY EASEMENT PER / i ® N M779 0R 1382 / V / ,,.:.k, N. N.,. / A IP--- N. 4:004, ZOcir. ft0A1) ,70,s,---:=----.,„,,, ,,... -- ‘1,,.Ros,,, 1-:ii, \ L.L. „vivo, ,005) _..1.,) ..,,,;.. „ 4„. !I iikvi„....,, , ,,;,,__gr, 4.11 - ", .0. ' 3gg. ..zi‘Hi + OFCPO° % 1 'so °/ EXHIBIT "B" Date 11-13-96 UNDERWOOD & ROSENBLUM PLAT TO ACCOMPANY LEGAL DESCRIPTION Scale 1"=60' CML ENGINEERS AND SURVEYORS CONSERVATION EASEMENT 1370 Vender Way Ste.B Sen Jose, Ca 95112 APN 182-30-013 Drawn FMR Tel No.(408)9711454 FAX Na(406)9711486 LOS ALTOS HILLS, CALIFORNIA Job 9149