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HomeMy WebLinkAbout44-04 • • RESOLUTION NO. 4 4-0 4 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Scarampi) t S WHEREAS, Christiane Scarampi ("Owner"), mamed woman as her sole and separate property, owner of the property located at 25550 Moody Road, Los Altos Hills, California; and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for conservation easement ("Conservation Easement Agreement") to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion; WHEREAS, the Owner and the Town recognize 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; and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to approve the Conservation Easement Agreement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Conservation Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute, the Conservation Easement Agreement. th PASSED AND ADOPTED this day , 2004 BY: # - - Mayor A S : City Clerk 698183-1 110 Attachment A to Resolution 44-04 1�� DOCUMENT: 17972057 Pages: 9 i Fees. . . . * No Fees This Document Is Recorded IIIITaxes. . . For the Benefit of theIIIIIIIIIIII Cop i es. . Town of Los Altos Hills AMT PAI D And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 007 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 8/25/2004 When Recorded,Mail to: Recorded at the request of 1 :57 PM City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT • This A eement f•. Conservation Easement ("Agreement") is made and entered into this / day of , 2004, by Christiane Scarampi ("Owner"), av 4 h,vmarried woman as here and s-parate property, owner of the property located at 25550 Moody Road,Los Altos Hills, California, a municipal corporation "Town" RECITALS A. , Christiane Scarampi, as a: arried woman as her sole and separate PP. ropert is :the owner of the property located at 25550 MoodyRoad, Los Altos Hills, .. Y,. :.:.� : ... R P Y California. B...._. ...,.Town has adopted a General Plan and,pursuant thereto,.may.accept_gr_ants. of conservation easements on privately owned lands lying within the Town. C. Town finds this conservation easement to be consistent with the Town's General Plan and in the best interests of the Town. D. Owner and Town desire to limit the use of a portion of the property more - particularly described in Exhibit A attached hereto, 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 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 to 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 698178-1 . : of Santa Clara, State of California, over the real property described and shown as Exhibit A, (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 Chapter 4 commencing with Section 815 of Part 2, Division 2, Title 2 of the Civil Code. This Agreement is subject to all of the provisions of said sections and chapters 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, 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 and paths dedicated to the Town and/or an approved septic system, provide these reserved exceptions shall be consistent with the purposes of 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 characteristics of the land; and c. against the grading of land for reasons 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 any plantings other than native vegetation; and f. against the erection of structures other than lawful fences. 4. Exceptions. 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. 5. 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 condition of the Property. 698178-1 10 0 6. 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. 7. 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 do hereby execute this agreement. OWNER: Date: _ 2 Z- , 2004 Christiane Scarampi TOWN OF LOS ALTOS HILLS: Mayor 0 ATTEST: . ' City Cl- 698178-1 c! STATE OF CALIFORNIA ) � � ) ss: COUNTY OF / (" ,Ca) On911-44-- °' , 2004,before me, the undersigned Notary Public, personally appeared CoiAt S .a, .e i , 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 they executed the same in their authorized capacity, and that the 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. Signature `�. BETINE LEE �p Ze Comm,A 1296719 rn �4J--' NOTARY PUBLIC-CALIFORNIA N San Mateo County My Comm.Expires Apri17,2005"� • 698178-1 . • Exhibit A Legal Description of Conservation Easement Property and Plat Accompanying Description 698178-1 ,• • 2020100 Legal Description—Conservation Easement All that certain real property situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within that parcel described by deed recorded July 2, 1976,Recording Number 6418823 at Book E607, Page 286, Santa Clara County Records, more particularly described as follows: Beginning at a point on the Northeasterly line of that Parcel described by said deed, said point being distant South 21° 30' 00" East, 20.85 from the Northeasterly corner; thence continuing along said Northeasterly line of the aforesaid parcel South 21° 30' 00" East, 92.78 feet,more or less,to the centerline of Adobe Creek;thence along the centerline of Adobe Creek and the Southerly line of said Parcel the following six courses: N 84°30'00" W, 73.26 feet; S 71°05'00" W, 115.50 feet; S 42°00'00"W,40.26 feet; S 61°00'00"W, 95.70 feet; S 05°30'00"W, 59.40 feet; and S 34°59'59"W, 19.87 feet; thence leaving Adobe Creek,N 47°03'00"W, 84.87 feet; thence N 39°11'40"E, 23.00 feet;thence N 50°24'24"E, 17.00 feet;thence N 56°36'16"E, 13.00 feet; thence N 68°05'52"E, 9.00 feet; thence N 51°01'24"E, 11.00 feet; thence N 56°14'15"E, 16.00 feet; thence N 63°56'35"E, 31.00 feet; thence N 57°33'52"E, 25.00 feet; thence N 63°16'06" E, 29.00 feet;thence N 49°42'07"E, 6.00 feet; thence N 01°43'22"E, 13.00 feet;thence N 09°49'11"E, 34.00 feet;thence N 53°36'08"E, 25.00 feet; thence parallel with and distant 60.00 feet at right angles from the Southerly line of Lot 1 as shown on that certain map entitled"Tract No 5597, Moody Heights"recorded January 21, 1975 in Book 350 of Maps at Pages 40 and 41., Santa Clara County Records the following two courses: North 76° 00' 27"East, 89.06 feet to a point of curvature; and along the arc of a tangent curve to the left with a radius of 363.91 feet,through a central angle of 13°00'03", an arc distance of 82.57 feet to the Point of Beginning. LAND cv�S IVY C s(4)k Nw 0' �, No. 4588 Exp, 9-30-06 * ��� RECEIVED • Exhibit "A" MAY 0 7 2004 V�• TOWN OF LOS ALTOS HILLS 0 S21'30'00"E 3 1 i 0 20.85' LANDS OFF FIANNEIMBNK POB SCALES 1" - 60' NORTHEAST CORNER OFS21.30'00"E 92.78' / • DEED (R) tA26 59 N84'30'00"W / S21'32'00"E 3.26' 39.38' R=363.91 L=82.57 LA�IDD S OO IF TOWN N D=13'00'03" OF F LOOS ALTOS HUB LOT 9 60;00' w S71'05'00"W TRACT NO. 5597CD 115.50' MOODY REOGHTS b 0 BOO 35 O OFF I �o ooo\ PAAPS, AT PAGE 49 z N53 36'08"E 25.00' S42'00'00"W 40.261 PROPOSED CONSERVATION MOODY SPRINGS N09' '11"E EASEMENT COURT (50') 34.00 N01'43'2 "E 13400' N4942'07"E 6.00' S61'00'00"W N6316'06"E 29.00' 95.70' �N57'33'52"E 25.00' SO5'30'00"W CD Co N63'56'35"E 31.00' 59.40' S34'59'59"W LOT 4 TRACT MO. 5507 N56'14'15"E 16.00' N 19.87' `G�tl©OL'Y HMOS i N51'01'24"E 11.00' .4 Dia 350 ®F 0• 1 N68'05'52"E 9.00' 0'00 NAPS' AT FARC 41 I N56'36'16"E 13.00' \\.‘ ��.$•45 q I N5024'24"E 17.0.' 0• 1 N39'11'40"E 23.00' FORMER CENTERLINE I LAND OF LANDS OO FF OF MOODY ROAD 1 s©ARANDD MAY (FORMERLY K 1B607 pe 2f�6 EL MONTE AVE) • LAND S / ...44'4,i' � 44EY c• vo�A LOT 5 ",_, No. 4588 a TRACT Mn NO. 5597 \ • Exp. _!--36-06 BOOK 350 OF t'j, \. -_,....f../:l,. E 1. _ "B"/LEA & SUNG ENGINEERING, INC. PROPOSED CONSERVATION EASEMENT CIVIL ENGINEERS • LAND SURVEYORS 25550 MOODY ROAD 2495 INDUSTRIAL PARKWAY WEST HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS, CALIFORNIA (510) 887-4086 - FAX (510) 887-3019 JOB# 2020100 DATE: 4-20-04 • I declare under penalty of perjury that the foregoing is true. Date: July 15, 2004 Attest: _ Place: Town Hall ity Clerk Town of Los Altos Hills (Temporary Offices) 25890 Fremont Road Los Altos Hills, CA 94022 RESOLUTION NO. 4 4—0 4 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (Lands of Scarampi) WHEREAS, Christiane Scarampi ("Owner"),cY) arried woman as her sole and separate property, owner,of the property located at 25550 Moody Road,Los Altos Hills, California; and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for conservation easement ("Conservation.Easement Agreement") to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion; WHEREAS, the Owner and the Town recognize 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; and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to approve the Conservation Easement Agreement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Conservation Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute,the Conservation Easement Agreement. PASSED AND ADOPTED this/5tday , 2004 BY: . Mayor , A City "1' S . - City Clerk - Certified as a e copy By . City Clerk of u:To of Los Altos Hills 698183-1