Loading...
HomeMy WebLinkAbout87-95 • P 12 306E6 t4 • • RESOLUTION NO. 87-95 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION AND OPEN SPACE EASEMENT ON LANDS OF HAMM WHEREAS, John Hamm("Owner")has 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 15th day of November , 1995. By: Mayor ATTEST: City Clerk • 14949/008/1042583.1 • • PI23PA 00 13 ' 2 7 9 5 0 A EQUEST OFa; LOS ALTOS HILLS This Document is Recorded For the Benefit of the DEC 12 11 42 AM '9S Town of Los Altos Hills And is Exempt from Fee OFFICIAL RECORDS Per Government Code SANTA CLARA COUNTY. BRENDA DAVIS Sections 6103 and 27383 RECORDn When Recorded, Mail to: Town of Los Altos Hills • 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk N FEE , CONSERVATION AND OPEN SPACE EASEMENT This Conservation and Open Space Easement ("Agreement") is made and entered into this 15th day of November,-1995, by and between John Hamm, as "Owner," and the Town of Los Altos Hills, a municipal corporation, as "Town". 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 easement on privately owned lands lying within the Town; C. Town finds the easement 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 easement 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: 14949/006/1041092.1 • P ! 23PAGE (1100 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 "Easement"), to have and to hold said Easement 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 Easement 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 Easement. During the term of this Agreement, the Easement 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 Easement 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 Easement except as necessary in connection with any public or private utility easement 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. (b) No natural resources shall be extracted from the Easement nor shall • other activities be allowed or conducted on the Easement which may destroy the unique physical and scenic characteristic of the land, and (c) No grading of the Easement shall be allowed other than attendant to permitted uses; and (d) No vegetation on the Easement shall be cut or removed, except as maybe 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. 3. Restrictions on Public Use. The public shall not have a right of entry upon the Easement. 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 Easement. 14949/006/1041092.1 • • • S P ;1 .2 3 P GEO2s • 4. Term of Agreement. This Agreement shall be effective 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 easement 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. 1.WNER Dated: : 7o iarnm ., 7.j SANTA CLARA COUNTY 1. las% My Comm. Expos•••••• ••• TOWN OF LOS ALTOS HILLS Dated: /t Lo y', By: Mayor JT: City Clerk APPROVED A FORM: City ATTORNEY 14949/006/1041092.1 0 0 fe2 3 Pil GE 0 2 1 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ref.1.f�lJfJ1J�lflff✓lfffl./lf.Jul.Cr/lffJ./l./1...,Jl✓l.!ffflll�.../tellff../-/l.�l�--./.../f1f 1 �� State of £22-1 OL2,7CLei.J 0 • County of \-1 / e.- 8 o On OU 9, /99 before me, L1GG7LGe-e- J ..-(2--74,714,4e4(2/4„), 0 Date Name and Title of Officer(e.g.,"Jane Doe Public") 1 personally appeared Name(s)of Signer(s) 0 0 ❑personally known to me-OR-proved to me on the basis of satisfactory evidence to be the person(' l 0 whose namet€)Js/aye subscribed to the within instrument 1 0 and acknowledged to me that he/ e/t ey executed the 0 same in his/f eir authorized capacity(4es),and that by 0 •,:M�y,,`` i pI N CKER j his/ter eir signature(s�on the instrument the person(s�, ,�T'1i, COMM. #1068164 y,._ or the entity upon behalf of which the person$ acted, �PIOTARYPUBLIC-CALIFORNIA S H SANTA CIARA COUNTY executed the instrument. 7 My COMM.Expires.1*23,19514i •••••~••••••••• WITNESS my hand and official seal. l ' ,,_, Signature of Notary Public , . OPTIONAL ll 0 Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 1 0 fraudulent removal and reattachment of this form to another document. NDescription of Attached Document Title or Type of Document: (2,,ht,0_.)2/21)AfX._.) O' -el Q('Q.., Document Date: /D - 9-96-- Number of Pages: 0 Signer(s) Other Than Named Above: 0 0 0 Capacity(les) Claimed by Signer(s) 0 1 Signer's Name: 9.ditie..- 9-Ve2,7-ii-,-)7L, Signer's Name: 8 8 Individual ❑ Individual 0 0 Corporate Officer ❑ Corporate Officer 0 01 1 Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact CI Attorney-in-Fact ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT 0 0 El `Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER \ ❑ Other: Top of thumb here ❑ Other: Top of thumb here l�1 �01 0 Sign Is Representing: Signer Is Representing: 0 0 .-2-14/..- 8 0 0 f - ' "' ' ' /" '../././ fflflJl�l��l1J��llJ'l��l/"f�) ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 'T>. EUNICEG.PEN d ,' 44 T • COMM. #106616 R a�" �,...4 NOTARYPUBUC-CALIFORNIA 8 PG 2I2 - 4 Giuliani & Kull, Inc. Engineers • Planners • Surveyors Cupertino - Oakdale - Auburn EXHIBIT "A" Legal Description of Conservation Easement Over 24292 Elise Court Los Altos Hills , California All that certain real property in the -City of the Town of Los Altos Hills , County of Santa Clara, State of California., ' described as follows : Rei ng a portion of Parcel 1 , as shown on that certain Record of Survey of the Property of Edwin ' L , Rormann and Puline _F., Bormann, which was filed for record on February 15 , 1956 , in Rook 67 of Maps , at. Page 12 , Santa Clara County Records , being more particularly described as follows : Beginning at the most northwesterly corner of 'said Parcel 1 , as shown on said map; Thence , along the westerly boundary of said Parcel 1 , South 2 ' 52 ' 30" East; 76 . 00 feet; Thence , leaving said westerly boundary, North 31 ' 29 ' 46" Fast. , 43 , 23 feet. Thence , North 53 ' 55 ' 23" East , 44 , 80 feet , to a point on the northerly boundary of said Parcel 1 ; Thence , along said northerly boundary, North 78 ' 35 ' 30" West, 64 , 00 feet, to the POiNT OF BEGINNING, Containing an area of 0 , 05 acres , more or less , RECEIVED • e---;`a .m r �` TOWN OF LOS ALTOS HILLS Exp,q•�•1 G 1.5 ` 2' N1r� 'v OF C:� 1>"'t"rte•r 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, California 95014 • (408) 257-6446 .. B'X6'30"W Zo9 5� • a \____.._ -"\ac\\\\le0 ifig c‘ks\ /II;ti Id '\ 9)% ' \ 1\7 -:vc: . 4' • C.: : N. ;ill WC . i:3.e:oo, 0 • 40 0 40 80 N \.-I _ SCALE I" = 40' V1l\.1 • \ tl( \\ • C/o.%. .1.11„op, e-ii • • /go. '� oa BoO¢ °llE .'t ' ZNB a _N74047 2,4,71,40.70' 07 PB I \ \ %, .. .4 \ . op4'°I,1,11 PLAT. TO ACCOMPANY DATE : 9-8-95 akiuliani & Kull, Inc. LEGAL DESCRIPTION SCALE : T ■ 40' 20431 Stevens Creek Blvd. • suite 230 bONSERVATION EASEMEN DRAW" : E. T. Cupertino, CA 95014 DESIGNED M. H. (408) 257-6446 24292 ELISE COURT (408) 257-6456 (Fax) LOS ALTOS HILLS . CALIFORNIA SHEET 1 OF 1 JOB NO.: 5 1 1 6