HomeMy WebLinkAbout150-93 {dal; 9IPAGEQ63• • .261078 .
• "— . This Document is Recorded 'E
For the Benefit of the Hill)--l) �.,OR E c {
Town of Los Altos Hills AT REQUEST
And is Exempt from Fee 460? A) at-NJ /Per Government CodeO/,
Sections 6103 an d27383 (� )646
When Recorded,Mail to: DEC LI 9 35 Ari 93
Town of Los Altos Hills
26379 Fremont Road N �j SANTA G +R AUNTY
TY
Los Altos Hills CA 94022 O ,' "tee
I E IN AN
Attention: City Clerk L AR l
REGORuti
RESOLUTION NO. 150-93 DEC 14 1993
RESOLUTION OF THE
CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING AGREEMENT FOR CONSERVATION EASEMENT
AT 13470 CARILLO LANE, LANDS OF ADDISON
WHEREAS, the City Council of the Town has read and considered that
Agreement for Conservation Easement between Pacific Lands Acquisition,Incorporated
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 thegrantof conservation
easement set outthe.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.
Section 3. The City Clerk is hereby directed to record this Resolution,in the
office of the County Recorder.
PASSED AND ADOPTED this 17th day of November • 1993.
MirWayor
ATTEST:y "
•
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4'
•.,. This Document is Recorde. N 9 0 PA GE 0 6 3 6 ê2•b079
For the Benefit of the FILED FOR RECORD.
Town of Los Altos Hills AT REQUEST.
And is Exempt from Fee ��6�4C ,Gp /7%
Per Govemment Code
Sections 6103 and 27383
BEC 14 3 35 Ali 9d
•
77-
When Recorded, Mail to: ;w a LLLi jt
SANTA CLARA COUNTY
Town of Los Altos Hills LAURIE KANE
26379 Fremont Road RECORDER
Los Altos Hills,CA 94022 DEC 1 4 1993
Attention: City Clerk
AGREEMENT FOR CONSERVATION EASEMENT
This Agreement for Conservation Easement ("Agreement") is made and
entered into this 17th day of November, 1993, by and between Pacific Land
Acquisitions, Incorporated, a California corporation, 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 13470 Carillo Lane in the Town of.Los Altos Hills, California,
more particularly described as Lot 11, Block G, as shown on that certain Map
entitled, "Tract No. 1925, Fremont Hills Unit No. 3", which Map was filed for record
in the Office of the Recorder of the County of Santa Clara, State of California, on
May 21, 1957, in Book 81 of Maps, at Page 42.
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 grading, vegetation removal, and
erosion, recognizing that such land has substantial public value as a slope and that
the preservation of such land as a slope 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,
• N 'I 9 I PAGE0637 • •
County of Santa Clara, State of California, over the real property located at 13470
Carillo Lane 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
(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.
9IPAGEO 638
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.
tw
Date: cz-t-. 29 , 1993 "Owner"
/�s}G�FtG 1-A�4J A[QtJ1crtc?J 1 II4C .
Date: Mh.m,444n- col-A , 1993 "Town"
Town of Los Altos Hills,
a municipal corporation
BY.*"/
:�'fi'
Mayor
ATTEST:
City C rk
APP OVED AS T FORM:
) RC1
TI)wn Attorney
•.
H °I 9 I PAGE_0639•
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
On this r 27 day of Oc � , 1993, before
me, .— , a Notary Public, State of
California duly commissioned and sworn, personally appeared
Os3 S. G 0,5an 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
hem 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.
My Commission expires:
G.E.GOTH
_ COMM.#1004588 )1' -
z ��`g �; Notary Public—California � Atr�tart' P bli
SAN nM COUNTY
My Cmm.Expires§EP 61497 e tate of Cali rnia
• Nei., 9 I PAGEO64• •
Y ,y
Y tiP`
9 iA
EXHIBIT "A"
CONSERVATION EASEMENT FOR LOT 11, BLOCK G
TRACT NO. 1925 FREMONT HILLS, UNIT NO. 3
A portion of Lot 11, Block G, as shown on that certain map entitled TRACT NO. 1925,
FREMONT HILLS UNIT NO. 3, recorded in Book 81 of Maps at page 42, Santa Clara
County Records, and more particularly described as follows:
Beginning at a point on the northerly right-of-way of La Cresta Drive, said point being
common to Lots 10 and 11 in Block G, as shown on said map; thence along the common line
between Lots 10 and 11 North 17°18'59" East 70.31 feet to the TRUE POINT OF
BEGINNING of this description;thence continuing along said common line between said Lots
10 and 11, North 17°18'59" East 138.10 feet to a point common to Lots 9, 10, and 11 in
Block G as shown on said map; thence along the common line between Lots 9 and 11 South
86°15'42" East 20.05 feet to an angle point; thence along said common line North 48°38'00"
East 12.25 feet; thence leaving said common line South 5°47'23" West 40.04 feet; thence
South 36°09'22" East 65.93 feet; thence South 43°22'43" East 77.14 feet; thence South
73°26'46" East 16.13 feet; thence South 22°32'20" East 54.75 feet to a point on the westerly
right-of-way of Carillo Lane, said right-of-way being 20 feet measured at right angles from
the centerline of said Carillo Lane as shown on said map, said point being a point of reverse
curvature; thence along said right-of-way line along the arc of a 30.00' foot radius curve to
the right whose center bears South 72°25'49" West, through a central angle of 128°44'45",
an arc distance of 67.41 feet to a point of reverse curvature on the northerly right-of-way of
La Cresta Drive, said right-of-way being 30 feet measured at right angles from the centerline
of said La Cresta Drive; thence leaving said right-of-way line North 56°30'00" West 186.06
feet more or less, to the TRUE POINT OF BEGINNING, and containing 0.476 acres, more
or less.
fESSI®
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CIVIL _4i.• EXHIBIT "B"
it- it!•‘'
- - - -
CONSERVATION EASEMENT FOR
13470 CARILLO LANE, LOS ALTOS HLLS
1 .
1875 South Grant Street DATE: OCT. 19, 1993
9 BOHLEY Suite 550
-«*
SCALE: 1" = 40'
MALEY
$an mateo
, California 94402 BY: RAD
ASSOCIATES 415.358-1484 tel -
415.358-1487 fax JOB No. 93033