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HomeMy WebLinkAbout69-94 11. N'6 GEO 8O RESOLUTION NO. 69-94 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT AT 14290 SADDLE MOUNTAIN DRIVE,LANDS OF SANDER WHEREAS, the City Council of the Town has read and considered that Agreement for Conservation Easement between Gerhard K. Sander and Mona C. Sander, 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 for 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 for Conservation Easement, a copy of which is attached hereto. PASSED AND ADOPTED this 21 day of Ser ember 4. By: ��ayor ATTEST: � City Cler � 6 2, 8 PAGE01470 • NtkFES SAT ATiuc F This Document is Recorded LOS ALTOS ` For the Benefit of the 1 26 8 2 2 8 4 OCA Town of Los Altos Hills i2 21 fl .3 And is Exempt from Fee OFFICIAL R Per Government Code SANTAC`Q' ECORDS Sections 6103 and 27383 RREN AA CQUNTY; x1DAy RECORDERS C�JR When Recorded, Mail to: CER Town of Los Altos Hills 26379 Fremont Road . Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT his agreement, made and entered into this eaday of e ev. 1994, by and between Gerhard K. Sander and Mona C. Sander 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, commonly known as 14290 Saddle Mountain Road, Los Altos Hills, California, which real property is described on Exhibit C 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; 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 has substantial public value as open space and that the preservation of such land 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: • 6 'AGEQ [+ 71 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 as Exhibit A hereto (the "Property") and shown approximately 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 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 Ownertoconstruct any improvements on or within the Property except for 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, as approved by the City Engineer, to repair the landslide area; 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. 4 . Restrictions on Public Use. The public shall not have a right of entry upon the Property. The rightof entry and - 2 - 6 20AGE0if72 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:/ O; /99'4 By: ;; ;;7 - 04 and K. Sander s �,e� toolyB : Date: Y ona C. Sander TOWN OF'LOS ALTO HILLS / Date: Se r,4, .s 21 Illy By: may" ATTEST: < Town Clerk APPROVED AS TO FORM: --) Town r,ttorney <SJ>H:\DATA\PB\MAS\149490PY.W50 08/24/94 - 3 • 'N'6 2•� GEQ 73 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 (rf_/lllllJl�lllll^./ll.//lllll./ll�'rl/ .ill,/.rllll✓JJYlll./1111./l./lllll.�lll./.r�1 1111 11\ 11 State of California 11 u 1 Countyof Santa Clara 0 On September 6, 1994 before me, Janine Dietiker, Notary Public , 8 11 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared ---Gerhard K. Sander and Mona C. Sander 0 • NAME(S)OF SIGNER(S) 11 Ei personally known to me - OR - la proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iIosi subscribed to the within instrumea and ac- knowledged to me that he/s - •xecuted the same in his/her 4 authori d 8 capacity(ies), and that by his/h hei 0 signature(s) on the instrument the person(s), 8 or the entity upon behalf of which the 8 person(s) acted, executed the instrument. ll JANINE DIENER 11 `111111 r ;�, COMM.#984317 l� 1 �4Notary Public—California 1 `l ``�'j'+1 SANTA CLARA COUNTY WITNESS my hand and official seal. 0 011 '" My Comm.Expires FEB 7,1997 • �" ' l ' SIGNATURE OF NOTARY Janine 'Dietiker, Notary 1 O OPTIONAL tAThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o 11 ❑ INDIVIDUAL • ❑ CORPORATE OFFICER Agreement for Conservation 1 • TITLE OR TYPE OF DOCUMENT Easement TITLE(S)• 11 ❑ PARTNER(S) ❑ LIMITED 1 IllGENERAL 10 pages ini,luding exhibit 111 TRUCI STEE( S)N F•ACT NUMBER OF PAGES � ❑ GUARDIAN/CONSERVATOR 9-6-94 ❑ OTHER: I DATE OF DOCUMENT 0 11 SIGNER IS REPRESENTING: /J //� tllllll l NAME OF PERSON(S)OR ENTITY(IES) . -771717" � ,e-f_A fC�4�d�Yltllll 0 ER�OTHER THAN NAMED ABOVE `1 k!.J1Jlll..�.lull./Il�J./J1.r.1.rll�..�Jlllll�'./..r��.rr./1.."./lJllll!�lJlll./J.C��l./-/ll1l./.�\ ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • roe8PAGE0474 i• • EXHIBIT A DESCRIPTION OF CONSERVATION EASEMENT GRANTORS: GERHARD K. SANDERANDMONA C. SANDER GRANTEES: TOWN OF LOS ALTOS HILLS, CALIFORNIA An Easement across a portion of lands of Grantors ' as said lands are described in Grant Deed recorded on September 21, 1993 in Book N017 Page 0922, Official Records of Santa Clara County, Sate of ,,California, said Easement beinhg described as follows: Beginning at a point on the westerly line of .Grantors ' landsdistant thereon S17°11' 39"E 169.00 feet from the northwest corner thereof; . thence leaving said line the following nine (9) courses: (1) S76°13 ' 50"E 11..66 feet; (2) S44°42 ' 22"E 54.12 feet; __. (.3) S61°04 ' 15"E 36 .07 feet; (4.) S82°57' 59"E 21.93 feet; (5) N73°47' 15"E 37.32 ,feet; (6) N67°34 ' 56"E 41.05 feet-; (7) N37°53 '15"E 32.39 feet; (8) N05°27' 19"E 98.40 feet; and (9) N24°59 ' 15"W 79.83 feet to the northerly line of said lands; thence along said line S89°46 ' 26"E 171.21 feet to, the northeast corner thereof; thence along the easterly line thereof S08°05 ' 33"W 112.00 feet; thence, leaving said line the following six (6) courses: (1) N81°54 '-27"W 50.00 feet; (2) S00°08'52"E 36.79 feet; (3) S38°44 ' 17"W 132.09 feet; (4) S45°30 ' 23"W 56.46 feet; (5) S72°52 ' 21"W 43.89 'feet; and - (6) S75°05 ' 36"W 33.89 feet to a point on the southwesterly line of said lands; thence along said line N66°16 '25"W 45.00 feet to the most westerly corner thereof; thence along the westerly line thereof N17°11' 39"W 132.80 feet to the point of beginning. Situated within the city limits of the Town of Los Altos Hills, County of Santa Clara, State of California, and containing 0.838 of an acre, more or less. 4 ° , MO.C13318 w ; Exp' 7 628PtiGE0475 I `6 spAGEQ 75 EX11161T13 f . , . . PLAT OF CONSERVATION EASEMENT 1 GRANTORS: SANDER y cs GRANTEE: TOWN OF LOS ALTOS HILLS sN G _ 58946 20" E 393.24 _NI IMP IMO 10 • Q o ANDSOF2 1 0 AP'1182-O6- Oo6 . / t, w .0 DEED: NI 017 o.R:0922. cia �, a ikr ® `z W • PtBe9ir. @ . 0 ifl T ,/ , / 0 r 0 fa) P z 0 : z . , / 4,- P c„, J: , , -c �.v. 1 �4- ?<,< P•Rc• �� n .10 VD 7P III '1 a 4, 1 il= 60 -s1- 7 ; 'v6c,0� �� AU . l 1,l 994 FCrCA 49:5. Sy O: SEARING Dist. 10 BEA (ZING- Dist 0 E3EAR1N - Disf ` / 5 760 13' 50"E I I .66 8 N 3° 27'19"E 96.40 /5 5 45°30'a3"W 561.46 2 5 44°"42 22"1E 54.12 9 N 24° 59' 15"W 73,63 /6 5 72°52' 21' W 43.89 3 . 5 61° 04' IS" E 36.07 /0 S 89°46'2CE 171 .21 /7 5 75° 05'36�W 33.69_ 4 5 82°57'59"E 21 .93 // 5 8° 05' 33"W 112 .00 •/8 K66°16' 25"W 43 . 00 S sl" 73°47;15" E 37,32 /2 N:81° 54'2?"W . 50,00 /9 Na l7° II'39" W 132;80 6 N 67°34 56"E 41 .05 /3 9 0° 08'52" E 36.79 7 N 37°53' (5" E 32,39 /4 5 38°44'17" W 132 .09 ti 6 251 GE 14 76 EXHIBIT LEGAL DESCRIPTION: All that certain real property situate in the City of Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: • PARCEL ONE: BEGINNING at an iron pipe set in the Northeasterly line of Page Mill Road at the most Westerly corner of that certain 46 acre tract of land described in the Deed from Claire Howard Rosa to Courtenay J. Moon et ux, dated August 24,. 1943 and recorded August 27, 1943 in Book 1159 of Official Records, page 152, Santa Clara County Records; running thence along said Northeasterly line of Page Mill Road, S. 41° 35' E. 16.20 feet to the center line of a 30 foot right of way; thence leaving said line of Page Mill Road and running along said center line of the 30. foot right of way N. 70° 38' E. 927.38 feet to an iron pipe; thence leaving said center line of the 30 foot right of way and running S. 14° 14' 25" E. 15.05 feet to an iron pipe .aet on the Southerly line of a 40 foot right of way; running thence along said Southerly line of and along the Southeasterly line of the said 40 foot right of way the following courses and distances, N. 87° 01' E. 73.66 feet N. 83'' 04' 30" E. 285.87 feet, S. 89° 06' 25" E. 300.24 f eeti N. 45° 4B' 15" E, 325.51 feet to a hub and N. 72° 42' 55" E. 141.57 feet to aniron bar set in the Easterly line of that certain 5.34 acre tract of land described in that certain Deed of Trust executed by Courtenay J. Moon et ux, to Harold D. Edelen, as Trustee dated November 14, 1952 and recorded December 1, 1952 in Book 2536 of Official Records, page 371, Santa Clara County Records, and the True Point of Beginning; thence leaving said Southeasterly line of the 40 foot right of way and running along the Easterly line of said 5.34 acre tract the following courses and distances, S. 29° 45' 25" E. 114.81 feet to an iron bar, S. 17° 11' 25" E. 301.70_ feet to an iron bar and S. 66° 16' 25" E. 185.53 feet to an iron bar seE is the Northwesterly line ofthat certain tract of land conveyed by Courtney J. Moon et ux, to Tom M. Tibbs et ux, by Deed datedSeptember 13, 1952 and recorded December 1, 1952 in Book 2563 of Official Records, page 369, Santa -Clara- County Records, running thence along the said Northwesterly and Westerly line of the land conveyed to. said Tibbs, N. 35' 58' 35" E. 175.18 feet to an iron pipe and N. 8° 05' 33" E. 501.86 feet to a point on the Southerly • line of the said 40 foot right of way above referred to; running thence along said Southerly and Southeasterly line of the 40 foot right of way as follows: S. 85° 40' 45" W. 269.90 feet, S. 45° 11' 35" W. 180.11 feet to a hubset in said Southeasterly line and S. 72' 42' 55" W. 97.03 feet to the true point ofbeginning, and being a porton of the Rancho La Purissima Concepcion. EXCEPTING THEREFROM all that portion thereof lying within the bounds of the following described parcel of land: Page 1 of 4 • • 6 2 6 PA GE 0 7 LAA 30411-A LEGAL DESCRIPTION CONT: • PARCEL ONE CONT: BEGINNING at an iron pipe set in the Northeasterly line of Page Mill Road at the most Westerly corner of that certain 46 acre tract of land described in the Deed from Claire Howard Rose to Courtenay J. Moon et ux, dated August 24, 1943 in book 1159 of Official Records, page 152, Santa Clara County Records; running thence along said Northeasterly line of Page Mill Road, S. 41° 35' E. 16.20 feet to the center line of a 30 foot right of way; thence leaving said line of Page Mill R oad and running along said center line of the 30 foot right of way N. 70° 38' E. 927.38 feet to an iron pipe; thence leaving said centerline of the 30 foot right of way and running S. 14° 14' 25" E. 15.05 feet to an iron pipe set on the Southerly line of a 40 foot right of way; running thence along said Southerly line of and along the South- easterly line of the said 40 foot right of way the following courses and distances, N. 87° 01' E. 359.53 feet, S. 89° 06' 25" E. 300.24 feet, N. 45' 48' 15" E. 325.51 feet to a hub and N. 7Z° 42' .55" E. 141.57 feet to an iron bar set in the Easterly line of that certain 5.34 acre tract of land described in that certain Dead of Trust executed by Courtenay J. Moon et ux, to Harold D. Edelen, as Trustee dated November 14, 1952 and recorded December 1, 1952, in Book 2536 of Official Records, page 371, Santa Clara County Records, and the True Point of 5eginning;Fthence leaving said Southeasterly line of the 40 foot right of way and running along the Easterly line of said 5.34 acre tract the following courses and distances, S. 29° 45' 25" E. 114..81 feet to an iron bar, and S. 89° 46' .26" E. 393.21. feet to a point on the Westerly line of that certain parcel of land conveyed by Courtenay J. Moon et ux, to Tom M. Tibbs et ux, by Deed dated September 13, 1952 and recorded December 1, 1952 in Book 2563 of Official Records, page 369, Santa Clara County Records; running thence along said Westerly line of the parcel of land conveyed to Tibbs, N. 8° 05' 33" E. 280.00 feet to a point on the Southerly line of said 40 foot right of way above referred to; running thence along said Southerly and Southeasterly line of the 40 foot right of way as follows: S. 85° 40' 45" W. 269.90 feet, S. 45' 11' 35" W. 180.11 feet to a hub set in said Southeasterly line, and S. 72' 42' _55"...W. 97.03 feet to the true point of beginning, and being a portion of the Rancho La Purissima Concepcion. PARCEL TWO: TOGETHER WITH. and as appurtenant to the above deaceibed parcel of land, a right of way for ingress and ogress over and along tw*n stripe of land described as follows: Page 2 of 4 44 28 ? 7 • LEGAL DESCRIPTION. CONT: PARCEL TWO CONT: • A) A strip of land 30 feet wide, the center line of which is described as follows: • • BEGINNING at a point in the Northeasterly line of the Page MiLl Road distant thereon S. 41° 35' E. 16.20 feet from an iron pipe set in the Northeasterly line of said road at the most Westerly corner of that certain 46 acre tract of land described in the, Deed from Claire Howard Ross to. Courtenay J. Moon et ux, dated "augusc. 24, 1943 and recorded August 27, 1943 in Book 1159 of Official Records, at page 152, Santa Clara County Records; thence parallel • with a Norchwester.ly. tine of said .6 acre tract of land, N. 70' 38' E. 927. 33 feet to an iron pipe which ,i,s distant N. 14° 14' 25" W. 15.05 feet from an iron pipe at an angle point in the Northerly boundary of that certain 9.50 acre tract of land described in the Deed from Courtenay J. Moon, et ux, to William F. Talbot, ec ux, dated January 6, 1950 and recorded January 10, 1950 in Book. 1906 of Official Records, page 213, Santa Clara County Records. • 3) A scrip of land 40 feet wide. the- center line of which is' described as follows: BEGINNING- at an iron pipe at _the. Northeasterly terminus of the center Line 30 foot scrip of land above described, and distant N. 14° 14' 25" W. 15.05 feet from an iron pipe at an angle point in the Northerly boundary of that certain 9. 50 acre. tract of land described in the Deed from Courtenay J. ec ux, co William F. Talbot et ux, dated January h, 1350 and recorded January 1.0, 1950 in Book 1906 of Official Records, at page 213, Santa Clara County Refords; thence N. 33° 04' 30" E. 362.64 feet to an iron pipe; thence S. 89° Obi' 25" E. 293.30 feet; thence N. 45' 48' 15" E. 321.87 feet; thence N.. 72° 42' 55" E. 238.49 feet; thence N. 45° Al ' 35" E. 182.59 feet and N. 85° 40'. 45" E. 281.68 feet co a point in the Easterly line of that certain tract of land conveyed by Courtenay J. Moon et ux, to Tom H. Tibbs, et ux, -may Deed -dated Setpember 13, 1952 and recorded December 1, 1953 in Book 2563 of Official Records, page 369, Santa Clara County Records. • PARCEL THREE: - -A right of way- for ingress and egress and for 'the construction and maintenance - of a road'20 feet in width, as' reserved by Jack W. McKittrick, et ux, by Deed dated April 13, 1954, and recorded on June 1., .1954 in Book 2885. Page 67 of Official Records. said right of way being described therein as' lying 10 feet on each side of the following described center line: . BEGINNING at a point on the Northerly line of the. premises first hereinabove described distant .thereon. N. 72" 42' 55" E. 97.03 feet from the most Westerly . corner thereof; running thence S. 42' 10' W. 74.50' feet;thence S. 17' 30' E. 44.00 feet and S. 68' 36' E. to a -point on the Southerly line of the premises first hereinabove described. • • • Page 3 of 4 • • , , • 079 LEGAL DESCRIPTION CONT: PARCEL FOUR: A right of way for the construction and maintenance of underground and above ground utilities, 20 feet in width, as reserved by Jack W. McKittrick, et ux; by Deed dated April 13, 1954, and recorded on June ', 1954 in Book 2885, Page 67 of Official Records, said right of way'being described therein as lying 10 feet on.each side of the following described center line: BEGINNING at a point on the Northerly line of the premises first hereinabove described distant thereon, N. 72° 42' 55" E. 34.00 feet from the most Westerly line thereof; running thence S. 17° 30' E. 81.50 feet and S. 68° 36' E. to a point on the Southerly line of the premises first hereinabove described. • • Page 4 of 4 .