The URL can be used to link to this page

Home My WebLink About35-94 • t • 5 14. O 1 PCEO5 ii RESOLUTION NO. 35-94 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT AT 27761 MOODY ROAD, LANDS OF DEWAR WHEREAS, the City Council of the Town has read and considered that Agreement for Conservation Easement between Donald R. Dewar and Kelyn J. Dewar ("Dewar's") 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.15th day of June 199 ayor ATTEST: City Clerk r, 414,IILED FOR RECORD This Document is Recorded 6 0 3 5 8 3 AT (� For the Benefit of the UFST OF Town of Los Altos Hills LOS ALTOS#..ZL/S And is Exempt from Fee p Per Government Code JI UG 2 II 50AN Sections 6103 and 27383 $�� -v OFFICIAL RECORDS.. c� When Recorded,Mail to: SANTA CLARA COUNT :; r BRDIDA CAIS CD Town of Los Altos Hills RECORDER; Ul 26379 Fremont Road Los Altos Hills,CA 94022 , 11 CD Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement for Conservation Easement ("Agreement") is made and entered into this 15th day of June , 1994, by and between Donald R. Dewar & Kelyn J. Dewar, 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 27761 Moody Road in the Town of Los Altos Hills, California, more particularly described in the Certificate of Compliance in Exhibit "A" and shown in Exhibit "B" filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 22, 1994, in Book N408 of Official Records, pages 1731 to 1734. 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 n 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: 1. Grant of Conservation Easement. Owner, as grantor, hereby grants a conservation easement to the-Town of Los Altos Hills, a municipal corporation, • • ti Sit 6 PAGEO5 County of Santa Clara, State of California, over the real property located at 27761 Moody 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 leach fields, 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. 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. . • i N5k6PAGE • I2 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: -V/ ( , 1994 "Ow er" / / . -/7- / ' v.- Donald R. Dewar . ,(//. ,_ 3--/I-ff el J. Dewar 4',A.'.--1-7F,'\0. Date: /c ._ __ " r., 2- , 1994 "Town" -- :s) \ 1 Town of Los Altos Hills, a municipal corporation �' c 1 B)(T: ---_-.,...._ U Mayor ATTEST: Cit Clerk AP ROVED AS T FORM: r ,wn Attorney • R�X 5 4 6 PA G I' 3 STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On this /?May of �7,47e�� , 1994, before me 77f F//5 �x7-7 6717e.e X , a Notary Public, State of California duly commissioned and sworn, personally appeared DONALD R. DEWAR 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 he executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the above County of Santa Clara on the date set forth above in this certificate. - r 4•• '"s THOMAS R.PENN°i8AGKE1 M Com fission expires: ►�a 9 -i A NOTARY PUBLIC-CALIFORNIA. Y P d SANTA CLARA COUNTY /,� e Q'�/ /996 ,, _„.0,-...„, My Commission Expires �/� 1 4..,pA; JULY 17,1995 r' Notary Public State of California -' -� STATE OF CALIFORNIA ) �'�< %�� ss '��'o q o t/�-5,,4a. COUNTY OF SANTA CLARA ) '� c.329 �,i On this __ day of 1994, before me, ,�,�/4i/4 r y .sem,,e.exB/lC,etiC , a Notary Public, State of California, duly commissioned and sworn, personally appeared KELYN J. DEWAR 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 WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the above County of Santa Clara on the date set forth above in this certificate. K:._ ._ —di ,, ' '`e;, THOMAS R.PENNYBACKER. NOTARY PUBLIC-CALIFORNIA MyCommission expires: s'.a° SANTA CLARA COUNTY • i »_ . ,tgas My Commission Expires �J G` /�� :,, JULY 17,1995 ,P' !/' 'C,IF•AM J..r.'1r,`i:• //.N��/.i-F.^..aV..��:Ni'!41' r. 7"/ - . Notary Public, State of California 5 4 6 E05I 4 Giuliani & Kull, Inc. r;' 'gy4.' Engineerst xr`._ ;Planners - S Surveyorst . -m Cupertino - Oakdale - Auburn EXHIBIT "20 MARCH 9 , 1994 R E C 1 ' 4D , LEGAL DESCRIPTION CONSERVATION EASEMENT MAR 17 1994 2766 MOODY ROAD TOWN OF LOS ALTOS FULU ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF LOS ALTOS HILLS , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS : COMMENCING AT A POINT IN THE CENTER LINE OF MOODY ROAD, WHICH SAID POINT IS DISTANT FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF MOODY ROAD WITH THE CENTER LINE OF PAGE MILL ROAD, THE FOLLOWING COURSES AND DISTANCES: SOUTH 71 DEGREES 01 ' EAST 120 FEET; SOUTH 51 DEGREES 10 ' EAST 110 FEET; NORTH 64 DEGREES 17" EAST 130 FEET; SOUTH 72 DEGREES 26 ' EAST 80 FEET; SOUTH 80 DEGREES 12 ' EAST 90 FEET; SOUTH 17 DEGREES 46 ' EAST 130 FEET; SOUTH 46 DEGREES 13 ' EAST 100 FEET; SOUTH 70 DEGREES 28 ' EAST 70 FEET; NORTH 70 DEGREES 51 ' EAST 80 FEET; SOUTH 41 DEGREES 31 ' EAST 150 FEET; NORTH 77 DEGREES 45 '' EAST 110 FEET; SOUTH 22 DEGREES 18 ' EAST 150 FEET; SOUTH 61 DEGREES 12 ' EAST 110 FEET; NORTH 64 DEGREES 10 ' EAST 130 FEET; SOUTH 51 DEGREES 23 ' EAST 160 FEET; SOUTH 19 DEGREES 51 ' EAST 80 FEET; SOUTH 34 DEGREES 23 ' WEST 120 FEET; SOUTH 34 DEGREES 10 ' EAST 70 FEET; NORTH 85 DEGREES 38 ' EAST 100 FEET; NORTH 75 DEGREES 29 ' EAST 100 FEET; SOUTH 37 DEGREES 14 ' EAST 101 FEET; THENCE LEAVING SAID CENTERLINE OF MOODY ROAD NORTH 04 DEGREES 02 ' 00" EAST 45 . 48 FEET; THENCE SOUTH 37 DEGREES 14 ' 00" EAST 10 . 61 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING ALONG A LINE PARALLEL TO AND 30 FEET EASTERLY OF THE CENTERLINE OF MOODY ROAD SOUTH 37 DEGREES 14' 00" EAST 96 . 61 FEET; SOUTH 12 DEGREES 54 00 WEST 102 . 89 FEET; SOUTH 77 DEGREES 12 ' 00" WEST 44. 13 FEET; ft1 > Z 20431 Stevens Creek Blvd. • Suite 230 • Cupertino, California 95014 • (408) 257-6446 N5 It' PAGE° I ip • h THENCE LEAVING SAID PARALLEL LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 37 DEGREES 51 ' 00" EAST 54 . 12 FEET; NORTH 51 DEGREES 40 ' 00" EAST 176 . 88 FEET; NORTH 31 DEGREES 06 ' 30'" EAST 78 . 50 FEET; NORTH 42 DEGREES 17 ' 49" WEST 39 . 39 FEET ; NORTH 05 DEGREES 15 ' 50" EAST 53 . 33 FEET; NORTH 52 DEGREES 50 ' 51" WEST 42 . 74 FEET; SOUTH 76 DEGREES 44 ' 33" WEST 31 . 20 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF25 . 00 FEET THROUGH A CENTRAL ANGLE OF 67 DEGREES 31 ' 29" AND ARC DISTANCE OF 29 . 46 FEET; THENCE . TANGENT TO THE PRECEEDING CURVE NORTH. 35 DEGREES 43 ' 58" WEST 55 . 54 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS, 'OF 30 . 00 FEET THROUGH A CENTRAL ANGLE OF 140 DEGREES 14 ' 02" AN. ARC DISTANCE OF 73 . 43 FEET; THENCE ' TANGENT TO THE PRECEEDING CURVE SOUTH 4 DEGREES 02 ' 00" WEST 87 . 73 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION CONTAINING 38 , 319 SQUARE FEET MORE OR LESS . END OF DESCRIPTION. cS Oi PAGE • i 1,. -- "B"• . „. : ' , • , , ...., ' ' , - N.54,6/2,114e 05[6 c-<- ;,-;‘--;.\1!A:"-; ' ,'S‘j,'.9>,,,`\ . - . 1.i. EXHIBIT _...:;_t[is;'' o f •�, � .t �v Exp. �`So, (0 s '2-N1- s N_ ter, N • "',, i:: is . . \l/ N.N Q SHERLOCK ROAD 1 N. „... 1 .ti ti k N ..‘‘ sp ot tiO ,\Coe oq),,,A.' . . . ,',., i ,.... i „Yip'," 6 e) tt fi . e, . ,....„ , ,,, ,........ ......„............5.. , V V I t'�i��A N 182'-30-10/ , a o - 7.0 I ` . r000sc `R _ ' ` � c ...---, -0,..6,77,774 oma � 1n�f0 0 - d PnGD ' en r,o, , . cr .a! S 1 qi 10. - col tip 5> r3e,„!,y --- _ .:�:- AD — 10 , ' _ 0 y v^37'15/ '00 l' '--- 60 • ,: 0 60 •. 120 54/2' _ r • SCALE I" = 60' a• PLAT TO ACCOMPANY DATE' 3 = 9 - 94 Giuliani 8c Kull, Inc. SCALE: : I"= 60' - hFr1 _-rii • :,� LEGAL DESCRIPTION 20431 Stevens Creek Blvd,• Suite 230 - - DRAWN: E.T. •Cupertino, CA 95014 :- CONSERVATION (408) 257-6446 • ,(408) 257-6456 (Fax) EASEMENT JOS NO. : 2154 -. V LOS ALTOS HILLS , CALIFORNIA _ SHEET I OF I