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Home My WebLink About19-94 • t 410 4 • RESOLUTION NO. 19-94 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT AT 27223 SHERLOCK ROAD, LANDS OF MASCARENHAS AND CHARKOWICZ WHEREAS, the City Council of the Town has read and considered that Agreement for Conservation Easement between Desmond Mascarenhas and Dona Charkowicz, and the Town; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town of Los Altos Hills hereby accepts the grant of conservation easement set out in the Agreement of Conservation Easement; Section 2. The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Agreement of Conservation Easement, a copy of which is attached hereto. PASSED AND ADOPTED this 4th day of May , •64. By: Mayor ATTEST: City Cler • 4 sosw► cel 502 • 2536341 /This Document is Recorded For the Benefit of the n fr .[I1:mo o %`/ ECO ?° Town of Los Altos Hills <= T EQUES T OF And is Exempt from Fee LOS ALTOS Per Government Code Sections 6103 and 27383 .lu,! I II 15. All e When Recorded, Mail to: OOFFICIALRECORn S 5 SANTA CLARA COUNTY. Town of Los Altos Hills BRENDA DAVIS 26379 Fremont Road RECORDER Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement for Conservation Easement ("Agreement") is made and entered into this day of APP-IL , 1994, by and between Desmond Mascarenhas & Dona Charkowicz, as "Owner", and the Town of Los Altos Hills, a municipal corporation, as "Town". RECITALS A. Owner is the owner of certain real property in the Town, which real property is located at 27223 Sherlock Road in the Town of Los Altos Hills, California, more particularly described in the Certificate of Compliance filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on September 18, 1990, in Book L481 of Official Records, pages 1898 to 1901. B. Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation easements on privately owned lands lying within Town; C. Town finds this conservation easement 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 described above by the grant of a conservation easement in order to reduce potential adverse impacts on such land including, but not limited to grading, vegetation removal, and erosion, recognizing that such land has substantial public value and that the preservation of such land constitutes an important physical, social, aesthetic and economic asset to the Town and Owner; 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: c ° • N ti 80PtGEI5c 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 located at 27223 Sherlock Road described in Exhibit "A" (the "Property") hereto and shown on Exhibit "B" hereto, 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 and slope 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 granted 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 and shall receive all necessary permits prior to construction; 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; and (e) against the planting of any plants, trees or vegetation other than native plantings. 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 land. N 1 8 0 PA GE . . 5 IS 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. Perpetuity. This conservation easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect in perpetuity, 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 on the dates set forth below. Date: / 'PA l_ t q 14 , 1994 "Owner" Desmond Mascarenhas /( (j Dona Charkowicz Date: M/ 4/ , 1994 "Town" Town of Los Altos Hills, a municipal corporatioy By: Mayor ATTEST: City erk APP OVED AS TO FORM: T n Attorney I 1 , • • • ' STATE OF CALIFORNIA M Li 61-14" � Ss. aoPc150 COUNTY OF St/t07/1 1 On, AIL ,27� /9Q9' before me, I`f11��/e/,1 L , Pi -a personally appeared k 7)z:5/mmoi)D /RAS E/i/-/A S AA bDN4 ek// KnceJ/C z- :personally known to me (or proved to me on the basis of satisfactory evidence) ®®p e A B 8 Q e s A 1®&®6 A A s C 0 0 0 E Q 8 8®Q G Q 6 B fl a Q s t3 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/ . '. PATRICIA L. PAULL their authorized capacity(ies),and that by his/her/their signature(s)on the ® ' t COMM. #968248 instrument the person(s or the entity upon behalf of which the person(s) �— i NOTARY PUBLIC-CALIFORNIA 0, acted,executed the fnstru ent. "' COUNTY OF SANTA CLARA 0 "e My Commission expires June 26,1996 N WITNES my nd and offcia I ®DA9Bs®sQs®@9a®sOQgs®QssQABCs®AAs9®@sR7 Signature ! (Seal) Form 3212-1 (Rev. 1-1-92) tiooHHie 506 r * liltGiuliani • & 'Ku!!, Inc. lite„Agine`e:rs� �x rPl'anners 's Surveyors.''. azo Cupertino - Oakdale - Auburn MARCH 30 , 1994 JOB NO. 4101 LEGAL DESCRIPTION CONSERVATION EASEMENT 27223 SHERLOCK ROAD ' OS ALL OF THAT REAL PROPERTY SIRUAATE IN STATE OFECITY OF CALIFORNIAHETWN OF DE3CRIBEDLAS ALTOS HILLS , COUNTY OF SANTA CLARA, FOLLOWS : A PORTION OF THAT CERTAIN PARCEL GRANTED BY DEED FROM REDWOOD CITY REALTY COMPANY TO RUBY BIRDSALL ON APRIL 20 , 1931 IN BOOK 566 OF DEEDS AT PAGES 92 . AND 93 , OFFICIAL RECORDS OF THE COUNTY OF SANTA . CLARA MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING THE NORTHEASTERLY CORNER OF THE HEREINABOVE DESCRIBED PARCEL AT A POINT DISTANT FROM THE MOST SOUTHEASTERLY CORNER OF TET BLANCO RANCHO AS DESCRIBED IN THE DEED FROM ANTONIO BAU BLANCO, UX, TO REDWOOD CITY REALTY COFP�'THE COUNTYNY, RECORDED OFISANTABOOK CLARA,FADONDSTHE AT PAGE 50 , OFFICIAL RECORDS EASTERLY BOUNDARY LINE OF SAID RANCHO THE FOLLOWING COURSES AND DISTANCES : NORTH 47 degrees 00 ' 00" WEST 76 . 66 FEET; NORTH 38 degrees 40' 00" WEST 246 . 84 FEET; SOUTH 73 degrees 00 ' 00" WEST 166 . 32 FEET ; NORTH 54 degrees 35 ' 00" WEST 174 . 9 FEET; NORTH 48 degrees 00 ' 00" WEST 71 . 94 FEET; NORTH 3.9 degrees 00 ' 00" WEST 71 . 28 FEET; NORTH 41 degrees 45 ' 00" WEST 40 . 26 FEET; NORTH 46 degrees 00 ' 00" WEST 174 . 24 FEET; NORTH 32 degrees 00 ' 00" WEST 264 FEET; NORTH 48 degrees 00 ' 00" WEST 374'. 22 FEET; NORTH 72 degrees 40 ' 00" WEST 169 . 30 FEET ; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 13 degrees 55 ' 00" WEST . 209 . 10 FEET; THENCE NORTH 79 degrees 30 ' 00" WEST 84 . 02 FEET TO THE HEREINABOVE DESCRIBED NORTHEASTERLY CORNER AND POINT OF BEGINNING; THENCE NORTH 79 degrees 30 ' 00" WEST 236 . 00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL;- THENCE ARCEL;THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 16 degrees 40 ' 00" WEST 87 . 50 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 79 degrees 30 ' 00" EAST 107 . 00 FEET; THENCE NORTH 84 degrees 09 ' 04" EAST 88 . 93 FEET; THENCE SOUTH 49 degrees 56' 11" EAST 61 . 27 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL; 13 degrees 55 ' 00" EAST 89 . 44 LINE NORTH THENCE ALONG SAID EASTERLYpII�T OF FEET TO THE ABOVE DESCRIBED NORTHEASTERLY CORNER .'0 BEGINNING. ��`' c-,O m G '?�.� END OF DESCRIPTION. gv,‘„of ,�, �o X57 2 EXP./?-3(`% 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, California 95014 • 408) 257-64.-6 s44c- OF cpL1F°��`� s� , • NIS f `;7 _ - • NB� o�y /S-07 • • • LAND • _s. k• �� fly fid , Q �. 14 LU 110. L5907 L ' . Fx• �. -.et\\... . .• — * ' 4, i(�� • • FOFCIO'''' . - • roeg • / 'oo"j ' • 231•00 >�°3H r • 11 • Bey j0 0' z� o p/ g • -j. . • • • • . _ O - . . 0.4.6 . r" V` . ��.. SHERLOC4 . = • • . • • - - - • . - --•,.-50 :'' --_,r-,..--, 0 -:-- 60 -'100 - SCA = 50 PLAT :TO . ACCOMPANY DATE: 3 -30— 94 , ` Giuliani SE Kull, Inc. SCALE: 'l��=50� E :1 eerg*,,,rt'?.ilanntlitl:t unre ars T J,: ,�, LEGAL DESCRIPTION 20431 Stevens Creek Mid:•sults 230 . DRAWN: E.T. Cupertno. CA 95014 CONSERVATION (408)257-6448 • (408)257-6456(Fax) EASEMENT: JOB NO.: 41 0 I LOS ALTOSHILLS , CALIFORNIA. SHEET 1 OF 1