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HomeMy WebLinkAbout72-98 • • • RESOLUTION NO. 72-98 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF CONSERVATION EASEMENT ON LANDS OF THE MEEK FAMILY TRUST WHEREAS, Joseph E. and Mizuko I . Meek, as Trustees of the Meek Family Trust dated September 24, 1993 , have offered to dedicate a conservation easement to the Town on the Lands of Meek at 12239 Colina Drive; and WHEREAS, the City Council of the Town has read and considered that Grant of Conservation Easement . NOW, THEREFORE, the City Council of the Town does RESOLVE as follows : 1 . The City Council of the Town of Los Altos Hills hereby accepts the Grant of Conservation Easement on behalf of the public. 2 . The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed- to execute- the Graiit -of Conservation Easement . PASSED AND ADOPTED this 2nd day of September , 1998 . Mayor ATTEST: ‘ City Clerk • 3\lah\res\meek 410 • DOCUMENT: 14428512 Titles: 1 / Pages: 8 Fees. . . . * No Fees This Document is Recorded II 01 I II III 0 1111 II I 0 For the Benefit of the Taxes. . Town of Los Altos Hills X0014428512■ Copies. . And is Exempt from Fee AMT PAID Per Government Code Sections 6103 and 27383 BRENDA DAVIS RDE # 011 when Recorded, Mail to: SANTA CLARA COUNTY RECORDER 10/01/1998 , Recorded at the request of 2:46 PM Town of Los Altos Hills City 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This agreement, made and entered into this 2nd day of September , 1998, by and between Joseph E. and Mizuko I . Meek, as Trustees of the Meek Family Trust dated September 24, 1993 , ` (collectively, -"Ownr" ) - and - the Town - of—Les . Altos- Hills, a municipal corporation, ("Town") . RECITALS A. Owner is the owner of certain real property in the Town commonly known as 12239 Colina Drive and more particularly described as : All of Lot 3 as shown upon that certain Map entitled , "Tract No. 2578" , which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on November 12, 1959, in Book 113 of Maps, at. Page 48 . 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 and in the best interest of the Town. .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 1 3\lah\agm\meek : . • • I 410 including grading, vegetation removal, and erosion, recognizing that such land is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the 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, County of Santa Clara, State of California, over the real property described in Exhibit A hereto and shown on Exhibit B hereto (the "Property") 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 Owner to construct 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 2 3\lah\agm\meek • • • • 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 . 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 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 . 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 • 3 3\lah\agm\meek • • • • binding upon and inure to the benefit of the heirs, successors and assigns of theP arties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement . r OWN Date : 6P-J) , 1998 JOSEPH E. MEEK Date : - , 1998 mizuKo O. MEEK TOWN OF LOS ALTOS H LS Date: September 2 , 1998 By: Its : Mayo1 ATTEST: `® City Clerk 4 3\lah\agm\meek • . 0 • STATE OF CALIFORNIA ) ) ss : COUNTY OF S[LWf.Ottrq) On its+ 2-3 , 1998, before me, the undersigned Notary Public, personal l Y appeared eared JOSEPH E. MEEK, •- ___--------..-vm--,..e e:-____ - 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 his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . ✓ � _r,,,77� Comm.#1143595 0ttiitI�f1INOTARYPUBLIO CAUFORNIAAO 2 s�` -ti ' SANTA cLARA COUNTY n ' .. Comm Exp,Juno 20,2001 al STATE OF CALIFORNIA ) ) ss : COUNTY OF S a1'f 6tCleir4 ) On A- 9LAS`f- 26 , 1998, before me, the undersigned Notary Public, personally appeared MIZUKO I . MEEK, .•_ • . • 0" - o mer- 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 her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . „it •@ane M. Shizuru �/ (PI:, :ir.e broil.#1149595 Signature �` kr,-; ,0tAilV: 1�U�ua; CALIWRNI 4 315 MA RA cOLINTY1 Jr-- '_-'-r';f ±; A221'A • 5 3\lah\agm\meek • • • • CONSERVATION EASEMENT AT THE LANDS OF MEEK . 12239 COLINA DRIVE LOS ALTOS HILLS A CONSERVATION EASEMENT OVER A PORTION OF LOT 3 OF TRACT NO.2575, _ SAID TRACT FILED FOR RECORD IN BOOK 113 OF MAPS,AT PAGE 48, SANTA CLARA COUNTY RECORDS,SAID EASEMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF SAID LOT 3 AND PROCEEDING S 3°56'45"E ALONG THE EASTERLY LINE OF SAID LOT 3, 118.00 FEET; THENCE SOUTHWESTERLY ALONG A 30 FOOT RADIUS CURVE TO THE RIGHT FROM A TANGENT BEARING OF S 51°20'W,SAID CURVE HAVING AN INTERIOR ANGLE OF 69°15'AND A LENGTH OF 36.26 FEET; THENCE WESTERLY 28.01 FEET ALONG A 30 FOOT RADIUS REVERSE CURVE,HAVING AN INTERIOR ANGLE OF 53°30'; THENCE S 67°05' W 62.00 FEET; THENCE S 61°45' W 39.50 FEET;THENCE WESTERLY 20.29 FEET ALONG A 30 FOOT RADIUS..CURVE TO THE RIGHT,HAVING AN INTERIOR ANGLE OF 38°45'; .- . THENCE N 79°30' W 17.50 FEET; THENCE 15.76 FEET ALONG A 21 FOOT RADIUS CURVE TO THE LEFT,HAVING AN INTERIOR ANGLE OF 43°00'; THENCE S 57°30' W 13.57 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 3; THENCE N 50°33'15"E 269.56 FEET TO THE POINT OF BEGINNING, CONTAINING12,125..SQUARE".FEET"+: - 4Vr_o. LAND SUR `. °1 E, b° F J• �p{� OAF 9 Pfe9c- Exhibit •F���� • . • • i A1-111 -7 .t lT PL pc-T- OF Co�sc2.(*RIoil , SE'MC-t. L E co.CI4 r X. 0 Q= 30j &: 6)9°15, L:31o.Zloi ' '' .0.- L , © .5lo7`oS Ii.0 CD1,00 ® 5lel°4.s'0 `350 9, ' P . © R:20)/1=3844-S c.=20.Z9 4 . \•. :\� ca s{- lD 1 ,I= 4-0 J N 7g°3,01 LIJ 17,50' 219A• \ ` 9 4 ® l2=Z1� �=4-3�DDD..L'-15,7/c , I.. �,�1, M : 557°360 13,57 ,c\.`_ ., Z�S4'' 0 6 , 0 \ '• \ 'y , \ it' t , -( PG G`- ! iP SP`3 , 3e5 fcc • 0 - r DODGE & ASSOCIATES, SURVEYING o 2341 MONTEZUMA DR . D CAMPBELL,CA 95008 b 408 379-3478 FAX 405 378-1241 •k .