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Home My WebLink About69-04 • RESOLUTION NO. 6 9—0 4 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (LANDS OF SHIMMON) WHEREAS, Edward L. Shimmon, ("Owner"), owner of the property located at 24301 Elise Court, 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 to execute the Conservation Easement Agreement. PASSED AND ADOPTED this Z/ day of (Vphey' , 2004. BY: / // Mayor �l ATT City Clerk Cj‘ -- Attachment A to Resolution 69-04 DOCUMENT: 18251127 Pages: 8 This Document is Recorded IIIFees. . . . No Fees For the Benefit of the II II II III I I 1111 II I II Taxes. . Town of Los Altos Hills Copies. . And is Exempt from Fee AMT PAI D Per Government Code Sections 6103 and 27383 BRENDA DAVIS RDE # 006 SANTA CLARA COUNTY RECORDER 2/28/2005 When Recorded,Mail to: ; Recorded at the request of 2:34 PM City Town of Los Altos Hills "` 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk i AGREEMENT FOR CONSERVATION EASEMENT is Agreement for Conservation Easement ("Agreement") is made and entered into this l•._=• day ofj-67,/ 7 , 2004, by and between Edward L. Shimmon, -("Owner")-and-the-Town-of of-Los Altos-Hi-lls,-a-municipal-corporation-(`-`Town")-...- RECITALS A. . Owner is the owner of certain real property in the Town of Los Altos Hills commonlyknown as 24301 Elise Court and more particularly described in Exhibit A attached 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 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 described above by dedication of a conservation easement in order to reduce potential .._ .. adverse impacts on such land including grading, tree and 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 therefrorii,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 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, 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 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, provided 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 trees and 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. 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 condition of the Property. � ) • • 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 February 13, 2002, Recording Number 16108286, Santa Clara County Records, more particularly described as follows (bearings shown hereon are in degrees, minutes & seconds): Beginning at the northeasterly corner of said parcel; thence North 78/35/52 West 4.20 feet along the northerly line of said parcel; thence leaving last said line the following courses: South 40/39/58 West 86.25 feet South 72/40/48 West 70.90 feet South 89/06/51 West 89.65 feet South 77/11/34 West 82.35 feet South 65/46/30 West 36.88 feet and South 31/25/28 West .44.14 feet to the general westerly line of said parcel; thence along last said line South 00/00/00 West 94.07 feet and South 31/55/12 West 7.19.feet; thence leaving last said line the following courses: South 17/03/30-East 28.44-feet South 37/22/35 East 14.86 feet South 21/07/07 East 38.41 feet and South 12/57/10 West 13.63 feet to the southerly line of said parcel; thence along last said line North 80/53/50 East 130.47 feet; thence leaving last said line the following courses: North 54/13/37 West 67.59 feet North 31/57/20 West 49.69 feet North 05/25/22 West 43.72 feet North 41/37/07 East 31.66 feet North 65/15/10 East 26.43 feet North 86/26/29 East 33.33 feet South.79/24/07 East 40.33 feet North 52/01/52 East 10.76 feet South 72/26/04 East 56.80 feet North 85/12/06 East 41.09 feet North 60/41/16 East 28.38 feet and North 71/17/56 East 39.25 feet to the easterly line of said parcel; thence along last said line North 01/13/38 East 151.84 feet to the point of beginning. Containing 1.039 Acres, more or less. . C. #3581 , EXP. e; -30.0c, Q.i �9TF OF Exhibit "A" Vo —� SMITH RANDLETT FOULK&STOCK,INC., P.O.BOX 970, REDWOOD CITY CA 94064,TEL 650 368 1137 • .I . 0V N 1g. �11 E�� N Z kr _ • w 78 39 „ TOWN OF LOS ALTOS WILLS 2et E3f30, 1. 1 47 �p • 1 5 13 ^� E 1 PAB, d.II EDWARD L SHIMMON , DOC. • 16108286 2 N CP APN 336-41-026 ee*, r. . N fa3 � e 5, 4 8 n O ;1 r � N 26 a 3 ui 19 20 21 22 - 25 t s 23 • 24 N = 8 1 R=40' ! z HOUSE (E) ¢:111'4!' L 82.16' , Ik C)\- 1 10 00 n'i //// in (12)nag; ScQ sIVO Sli.AIS 13 �$�' 0 W 23081 )��%/•�' ,47V.,/ 342` TODD t LAURA MOZER -1 / ; / ; ;o 9 L . 581 I N 18'35'52" W 420' 10 5 11'03'30" E 28.44' l9 N 65'15'10" E 26.43' J, Exp. 6-30-06 2 5 40'39'58"W 56Z' 11 8 31'22'35" E 14.86' 20 N 86'26'29" E 33.33' 1 #`;'" 3 5 12'40'48" W 10.90' :' 12 S 21'01'01" E 38.41' 21 S 1914'01" E 4033' F 4 $ 89t06'51" W 89.65' 13 $ 12'51'10" W 13.63'. 22 N 52'01'52" E 10.16' OF CALF ,i c,or 5 S 11'11'34" W8235' 14 N 80'53'50" E 130.41. 23 S 12'26 04" E 56E0 /// 6 5 65'46'30" W 36.88' 15 N 5413'31" W 61.59' 24 N 85122'06" E 41.09' '/ /CONSERVATION EASEMENT 1 $ 31'25'28" W 44.14' 16 N 31'51'20" W 49.69' 25 N 60'41'16" E 2838' CONTAINS 8 S 00'00'00" W 94.01' 11 N 05'25'22" W 4312' 26 N 1111'56" E 3925' 1- AREAS WITH 0% AVERAGE SLOPE 9 5 3r55'12" W 1.19' 18 N 41'31'01" E 3166' 21 N 01'13'38" E 15184' 2- GROVES OF 1•IERITAGE OAK TREE6 SMITH, RANDLETT, FOULK & STOCK, INC. CIVIL ENGINEERS & LAND SURVEYORS - PH. (650) 368-1137 P. 0. BOX 970 - REDWOOD CITY, CALIFORNIA 94064-0970 PROPOSED CONSERVATION EASEMENT. 24301 ELISE COURT - LOS ALTOS HILLS, CALIFORNIA EXHIBIT "B" SCALE = 60' FOR: SURV. JM COWEN GENTRY CONSTRUCTION 02005-A DATE JULY, 2004 PLAT ML (4IP STATE OF CALIFORNIA ) )ss: COUNTY OFjgrt la (Pia(-) /n �CdR1O V , 2004,before me, the undersigned Notary Public,personally appeared i,ttI LS4astp o./,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. �__:. RICHARD D.RAINES f.j. Commission#1319088 a Notary Public_California t eW ,,' Santa Clara County Signature r" MY Comm.ExPlresAug 27,2005 r STATE OF CALIFORNIA ) ) ss: . . , COUNTY OF ) On , 2004,before me, the undersigned Notary Public, personally appeared ,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 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 do hereby execute this agreement. 7/Z loDate: s , 2004 dward L. Shiminon TOWN OF LOS ALTOS HILLS Date: D 2004 (, 4IP I , a .or ATTEST: City Cler , IT 411) RESOLUTION NO. 69-04 RESOLUTION OF'11-1E CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR CONSERVATION EASEMENT (LANDS OF SHIMMON) WHEREAS, Edward L. Shimmon, ("Owner"), owner of the property located at 24301 Elise Court,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 to execute the Conservation Easement Agreement. PASSED AND ADOPTED this Zr qday of (Qdohei" , 2004. BY: MayorEtir icjf7jt, atv• opy City Clerk City C e of th° own ' Los Altos Hills .) i LOSALTOS HILLS P00.4,4014 Ir on .. —.. CALIFORNIA I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do herby declare under penalty of perjury that the foregoing is true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28 ' day of February, 2005 Date: February 28, 2005 Attest: Place: Town Hallreterk Town of Los Altos Hills (Temporary Offices) 25890 Fremont Road Los Altos Hills, CA 94022 26379 Fremont Road Los Altos Hills California 94022 650 / 941 -7222 Fax 650/941-3160