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HomeMy WebLinkAbout63-95 • • • 9AGEO338 RESOLUTION NO. 63-95 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION AND OPEN SPACE EASEMENT ON LANDS OF YEN WHEREAS, Wei Yen and Meng Lee as Trustees of the Wei Yen Family Trust Dated June 18, 1991 ("Owner") have offered to grant a conservation and open space easement to the Town of Los Altos Hills (the "Town") on Lands of Owner; and . WHEREAS,the City Council of the Town has read and considered that grant of easement for conservation and open space purposes; 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 Owner 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, a copy of which is attached as Exhibit A. PASSED AND ADOPTED this 2nd day of August , 1995. By: Mayor ATTEST: City Clerk • 14949/006/1038319.1 • •99SGEO339 Exhibit A This Document is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and.27383 When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk CONSERVATION AND OPEN SPACE EASEMENT This Conservation and Open Space Easement("Agreement") is made and entered into this 2nd day of August 1995 by and between Wei Yen and Meng Lee, as Trustees of the Wei Yen Family Trust dated June 18, 1991, as "Owners," and the Town of Los Altos Hills, a municipal corporation, as "Town". RECITALS: A. Owners are the owners 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 finds the easements granted herein to be consistent with the Town's General Plan; D. 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; • • • •99tGEO3 !4O 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 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 "Easements"), to have and to hold said Easements for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Statutory Authorization. This Agreement and the grant of the above 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 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 Easements. During the term of this Agreement, the Easements shall not be used for any purpose other than as a conservation and open space easement and those uses related to or compatible therewith. Owner, for the direct benefit of the public and the Owner, hereby declare that the 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 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,open style split rail fences constructed in accordance with the Town's ordinances and underground facilities for leach fields serving a septic system on the Property shall be allowed within the 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. I • ÔN •7PncEO31 .J .. 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. 3. " Restrictions on Public Use. Theublic shall not have a right of entryupon the 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. 4. Term of Agreement. This Agreement shall beeffective on the date of recordation and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094, or any successor legislation. 5. Successors in Interest. This Agreement and the conservation and open space 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. OWIFRS Dated: 77(541%-C / Wei Yen, as Trustee of the Wei Yen Family Trust dated June 18, 1991. Dated: -7/ /9 LS _ �-�-- -ng Lee, af rustee of the Wei Yen F.' ly Trust dated June 18, 1.91 TOWN OF LOS ALTOS HILLS Dated: usr .2. 4 4'e— By: Mayor City Clerk • •99GEO32 AP ROVED AS TA : : CI ATTORNEY State of California ) ss. County of Santa Clara ) On this day ofL 1995, before m 7-h ' �-; iled 1iL a notary public, personally appe ,t �- "ThX. , personally known to me, or proved to me on the basis 6f satisfactory a'deuce, to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it. ". 4., -4,- PAULINE M.ORR Notary Public for the State of California z rv, COMM.#1000290 4.;Notary Public—California flf4 SANTA CLARA COUNTY My Comm.Expires OCT 6.1997 My commission expires: /D -6 , 192 State of California ) County of Santa Clara ) On this day of , 1995, before me, a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument as Mayor of the TOWN OF LOS ALTOS FULLS, and acknowledged to me that the TOWN OF.LOS ALTOS HILLS executed it. Notary Public for the State of California My commission expires: , 19 • • . • 9GEO3i3 • • Exhibit "A" Legal Description All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California being the lot commonly known as 27994 Via Ventana, Los Altos Hills, California and described as: Parcel No. l of the Parcel Map filed on 9-13-95- , 1995, in Book 6 7 of Maps, at Pagesg and , in the Office of the Recorder, County of Santa Clara. • • 7OE 0 Exhibit "B" Legal Description of Conservation Easement All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California being a portion of the lot commonly known as 27994 Via Ventana, Los Altos Hills, California and described as: Those portions of Parcel No. 1' of the Parcel Map filed on 9-13 -9 5", 1995, in Book 6,'70 of Maps, at Pages 4 and 7 , in the Office of the Recorder, County of Santa Clara, designated as "Conservation Easement.'