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Home My WebLink About05-22RESOLUTION 05-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Byrne LLC) WHEREAS, Byrne LLC ("Owners"), owners of the property located at 27290 Byrne Park Lane, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 201h of January 2022 by the following vote: AYES: Tyson, Swan, Molc, Schmidt, Tanlcha NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Cleric By: George Tyson, ayor Resolution 05-22 Page 1 This Document Is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Underwood) THIS GRANT OF EASEMENT is made this 1 7�- day of bV em b e r , 2021, by Byrne, LLC, a California Limited Liability Company, ("Owners"), the owners of the property located at 27290 Byrne Park Lane, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owners do hereby offer to grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future pathway and public access trail facilities, together with right of access thereto, on, under, over, along and through the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A and Exhibit B attached hereto ("Easement"). Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. [Next Page] Resolution 05-22 Page 2 IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: Date: I VI C71 1 OWNER: % Date: 1 �!�r'.� (�r�`��'t-._r Michelle A. Underwood TOWN OF LOS ALTOS HILLS: Date:/��g--a- ATTEST: ObQARV� Deborah L. Padovan, City Clerk Resolution 05-22 Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Vel rwi STATE OF Cil +FfHe+IA ) 1 ) COUNTY OF On L� Gj QVo ( M L r" , 2021, before me, '11064 k)A-1h {, � -i S OI% _, Notary Public, personally appeared _� ea r dIt)VjcIs d I y 1� M I % 11 Ilia-. L � , k. p%Koproved to me on the basis of satisfacto idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han4 and official seal. Signature: Notary Public, State of Vermont My Commission Number 167•n ✓ Commission Expires Jan 31,20,' (Seal) Resolution 05-22 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On January 21, 2022, before me, Deborah L. Padovan, Notary Public, personally appeared George K. Tyson, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) F DEBORAH L. PADOVAN Notary Public - California Santa Clara County g Commission # 2182419 My Comm. Expires Apr 19, 2023 Resolution 05-22 Page 5 I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. ojo� Deborah Padovan, City Clerk Date: January 21, 2021 Place:. Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 05-22 Page 6 RESOLUTION 05-22 Ceri tied as a true copy RESOLUTION OF THE CITY COUNCIL OF TH)Y TOWN OF LOS ALTOS HILLS 4tC&Ierkof 4theown oLos Altos Hills ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Byrne LLC) --_ WHEREAS, Byrne LLC ("Owners"), owners of the property located at 27290 Byrne Park Lane, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 20th of January 2022 by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Clerk ,S�aBy: ; George Tyson, ayor F*&904 W52Z2 p?glgT 7 Exhibits A & B Legal Description of Pathway Easement and Plat Accompanying Legal Description Resolution 05-22 Page 8 Date: June 30, 2021 File: 2110011 EXHIBIT `A' LEGAL DESCRIPTION PATH EASEMENT APN: 182-48-045 ALL THAT CERTAIN PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA OVER THE LANDS OF GEORGE M. UNDERWOOD AND MICHELLE A. UNDERWOOD, AS DESCRIBED IN DOCUMENT NUMBER 22865535, RECORDED ON FEBRUARY 27, 2015, SANTA CLARA COUNTY RECORD AND BEING LOT 31 AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 5068 PARKSIDE UNIT 3", RECORDED ON JUNE 2, 1972, IN BOOK 302 OF MAPS, PAGES 34 AND 35, SANTA CLARA COUNTY RECORDS, BEING A PATH EASEMENT WITHIN 15 FEET WIDE PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENT AND PURISSMA HILLS COUNTY WATER DISTRICT EASEMENT (15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT) AS SHOWN ON SAID MAP, MORE PARTICULARLY DESCRIBED AS FO LLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 31 AS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHERLY CORNER AND ALONG THE SOUTHWESTERLY LINE OF SAID LOT 31, NORTH 41013'03" WEST, A DISTANCE OF 36.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF SAID LOT 31, NORTH 84°52'29" EAST, A DISTANCE OF 18.56 FEET TO THE EASTERLY LINE OF SAID OF 15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY LINE OF SAID 15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT, SOUTH 41°13'03" EAST, A DISTANCE OF 28.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 31; THENCE ALONG SAID SOUTHERLY LINE OF SAID LOT 31, SOUTH 59°51'13" WEST, A DISTANCE OF 15.28 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 31 AND THE POINT OF BEGINNING; SAID PATH EASEMENT CONTAINING 480 SQUARE FEET MORE OR LESS SEE EXHIBIT "B" ATTACHED AND MADE A PART THEREOF. BASIS OF BEARINGS FOR THIS DESCRIPTION IS NORTH 70°49'19" EAST BETWEEN FOUND TWO 3/4" IRON PIPES WITH TACK IN MONUMENT WELLS AS SHOWN ON THAT CERTAIN MAP "TRACT NO. 5068 PARKSIDE UNIT 3" RECORDED ON JUNE 2, 1972, IN BOOK 302 OF MAPS, PAGES 34 AND 35, SAN CLARA COUNTY RECORDS. PREPARED BY: CSW/STUBE STROEH ENGINEERING GROUP, INC. OT f rte JOS WOELBING P.L.S. # 9387 a PLS 9387 Resolution 05-22 Page 9 BOUNDARY APN 182-48-053 — BOUNDARY ADJACENT ®— ®- PATH EASEMENT — — — — — — EXISTING EASEMENT AS NOTED POB POINT OF BEGINNING THE BASIS OF BEARINGS IS NORTH 70'49' 19" EAST BETWEEN FOUND TWO 3/4" IRON PIPES WITH TACK IN MONUMENT WELL AS SHOWN ON THAT CERTAIN MAP ENTITLED PARKSIDE UNIT 3, TRACK 5068, FILED JUNE 2, 1972 IN BOOK 302 OF MAPS AT PAGES 34-35, SANTA CLARA COUNTY RECORDS. I � PROPOSED c NO Z Cf) ,r .rcn 1 480¢ S.F. w C.,d CO O O zm 00 v Z ze CP N w� c 1 APN 182-48-045 n m 1 No Lal 31 oNo m �o co PACEL. 1 c� 3-5-5 M 42 I o POB NZ`'25q. 95 CSW I S T 2 Graphic Scale (in feet) 10 0 10 20 1 inch= 10 ft. }N84'52'29 "E 118.56' S59'51 ' 13 "W 15.28' Rev. - Date: 06/30/2_021 Job No. 2110011 Scale: 1' = 10' CSW/Stuher-Stroeh Engineering Group, Inc. EXHIBIT "Bill Lan &Structural Construction I Surveying & Mapping I Environmental Planning PATH EASEMENT (APN. 182-48-045) Land Planning I Construction Management 45 Leveron! el: 415,883,9850 Novato, CA94949 fax: 415883.9835 PLAT TO ACCOMPANY LEGAL DESCRIPTIOI h1ipJNmw.cswst2.com 02071 ALTOS HILLS SANTA CLARA CA FORNIA -:trrotecis\z i.i uu i.i eryrne rarK Los Hitos Wigs survey\wv(ju-tUHl- HNu FLA I S\hAH B PLA L PROPOSED PATH EASEMENT APN 182-48-045.dwg 07/01/2021 - 10:32 AM tetiant PROPOSED PATH EASEMENT 480¢ S.F. w � ze c Q) LANDS OF UNDERWOOD c 1 APN 182-48-045 m (DN 2015-22865535) Q Lal 31 oNo 302 iY1 84 �o S59'51 ' 13 "W 15.28' Rev. - Date: 06/30/2_021 Job No. 2110011 Scale: 1' = 10' CSW/Stuher-Stroeh Engineering Group, Inc. EXHIBIT "Bill Lan &Structural Construction I Surveying & Mapping I Environmental Planning PATH EASEMENT (APN. 182-48-045) Land Planning I Construction Management 45 Leveron! el: 415,883,9850 Novato, CA94949 fax: 415883.9835 PLAT TO ACCOMPANY LEGAL DESCRIPTIOI h1ipJNmw.cswst2.com 02071 ALTOS HILLS SANTA CLARA CA FORNIA -:trrotecis\z i.i uu i.i eryrne rarK Los Hitos Wigs survey\wv(ju-tUHl- HNu FLA I S\hAH B PLA L PROPOSED PATH EASEMENT APN 182-48-045.dwg 07/01/2021 - 10:32 AM tetiant