HomeMy WebLinkAbout16-91 • • , •
RESOLUTION NO. 1-91
RESOLUTION APPROVING AND AUTHORIZING
ACCEPTANCE OF DEDICATION OF CONSERVATION EASEMENT
FROM NOEL G. EBERZ AND MAXINE C. EBERZ TO
THE TOWN OF LOS ALTOS HILLS
WHEREAS, the City Council of the Town of Los Altos Hills has
read and considered that certain Dedication of Conservation
Easement ("Dedication") granted by Noel G. Eberz and Maxine C.
Eberz in favor of the Town of Los Altos Hills;
NOW, THEREFORE, the Town of Los Altos Hills does RESOLVE as
follows: Y.
Section 1. Public interest and convenience require the Town
of Los Altos Hills to accept the Dedication described above.
Section 2. The Town of Los Altos Hills hereby approves the
Dedication and the Mayor is hereby authorized on behalf of the
City to accept the Dedication.
REGULARLY PASSED AND ADOPTED this 17th day of
April 17 , 1991.
BY:
Mayor
ATTEST:
City C rk
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FILED`FOF< RECORD
1T REQUES f OF
This Document Is Recorded Lo54)14o5
For the Benefit Of The
Town Of Los Altos Hills ---, AH sg)
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And Is Exempt From Fee 3\2,
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Per Government Code () j RECORDS
Sections 6103 and 27383 SANTA CLAR.A COU4TY'
LAURIE KANE
When Recorded, Mail To: RECORDER •
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California 94022
Attention: City Clerk
DEDICATION OF CONSERVATION EASEMENT
THIS DEDICATION OF CONVERSATION EASEMENT ("CONSERVATION
EASEMENT AGREEMENT") is granted by Noel G. Eberz and Maxine C.
Eberz (collectively, "GRANTORS") in favor of the Town of Los Altos
Hills, a municipal corporation of the State of California ("TOWN") ,
effective as of the last date of execution by any party hereto.
RECITALS
A. GRANTORS own the real property in the Town of Los Altos
Hills, California, as described on Exhibit A attached hereto (the
"Property") .
B. TOWN has adopted a General Plan and, pursuant thereto, may
accept grants of conservation easements on privately owned property
lying within the TOWN.
C. TOWN finds this conservation easement to be consistent
with the adopted TOWN General Plan.
D. As a condition of the approval of a site development
permit Town has required Grantors to limit the use of a portion of
said property by dedication of a conservation easement in order to
reduce potential adverse impacts of erosion and/or degradation of
a natural vegetation within the area of the conservation easement,
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. Dedication of Conservation Easement. GRANTORS hereby
dedicate to the Town a conservation easement consisting generally
of the portion of the property in excess of a topographic slope of
30%. The location of said easement is shown on Exhibit A attached
hereto and consists of .29 acres more or less.
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2 . Term. The conservation easement shall be effective
commencing on the date of recordation of this CONSERVATION EASEMENT
AGREEMENT and shall exist in perpetuity.
3 . Effect of Easement on Public Land Use Considerations
/Change in Easement Location: The parties agree that nothing in
the grant of this easement shall be construed as restricting the
ability of Grantors or any successors in interest to use the
property for any lawful purpose otherwise permitted by the
ordinances of the Town or the statutes of the State of California
by reason of the physical size or location of said easement. The
parties agree that for all purposes the area of the easement shall
be included in the calculation of the total area of the property
for any and all land use considerations.
4 . Restrictions on Grantor's Use. Grantors shall not
construct any improvements within the conservation easement area
nor use the conservation easement area for any purpose incompatible
with maintaining and preserving the land in its natural state.
Without limiting the foregoing the grantors may use the
conservation easement for fire retardant landscaping, fire-
prevention access trails and septic tank drain fields.
5. Restriction on Town's Use. The public shall not have a
right of entry on the conservation easement. Any right of entry
and surface use is limited to the TOWN , but only for inspection
of the conservation easement.
6. Binding Effect. The provisions contained in this
CONSERVATION EASEMENT AGREEMENT shall run with the land and be
binding upon and inure to the benefit of the respective successors
and assigns of the parties to this CONSERVATION EASEMENT AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have executed this
CONSERVATION EASEMENT AGREEMENT on the dates set forth below.
Dated: *tea:. /7 , 1991 • "TOWN"
' TOWN OF LOS ALTOS HILLS,
a municipal 'corporation
ATTEST:
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..�..., By: (. : / .. '
City Cl k Mayor 1/
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Approved as to form:
. /
• City Attorney
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Date Date: :r ` if / "GRANTORS"
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NOE ' G.�E RZ
• MAX�NE C. EBERZ
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. a STATE OF CALIFORNIA
ECOUNTY OF Santa Clara SS. r
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FOR NOTARY SEAL OR STAMP S
Onthis 10th dayof April ,intheyear 1991,
abefore me,the undersigned,a Notary Public in and for said County and State,
personally appeared Noel G. Ebert and dos®uu®teaiootuaws®teueaaBee®eoeeBBeBenosluouaeuo�®
- ; - -Maxine-C.—Ebe•rz-- -- ----- --- -- -- ----- -OFF-IC AL.-SEAL '
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personally known to me or proved to me on the basis of satisfactory evidence I. CHARLENE BENSON
to be the person whose name is subscribed to this instrument, and "r hglik,
n acknowledged that he(she or they)executed it. - ' Eo NOTARY PUBLIC — CALIFORNIA ® - '
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�y• COUNTY OF SANTA CLARA
E. M
' — - Comm. Exp. May 28, 1992
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' IL Notary Public in and for said County and State
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