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HomeMy WebLinkAbout07-22RESOLUTION 07-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Pang) WHEREAS, Ho Yan Clement Pang ("Owner"), owner of the property commonly known as 13210 E. Sunset Drive, Los Altos Hills, California; and WHEREAS, Owner has 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, Mok, Schmidt, Tankha NOES: None ABSENT: None RECUSE: Swan ABSTAIN: None ATTEST: Deborah L. Padovan, City Clerk By: George Tyson., ayo Resolution 07-22 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 Pang) 69 THIS GRANT OF EASEMENT is made this W day of , 2021, by Ho Yan Clement Pang ("Owner"), the owner of the property located at 13210 E. Sunset Drive, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owner does 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 attached hereto ("Easement"). Section 2. Owner 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. IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNER: Date: Ho-- gr 7Clenient Pang Resolution 07-22 Page 2 TOWN OF LOS ALTOS HILLS: Date: ! < George K. Tyson, Mayor ATTEST: Deborah L. Ndovan, City Clerk Resolution 07-22 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. STATE OF CALIFORNIA COUNTY OF / 4,,( � On 6, 6'V'1f ,; V , 2021, before me, �-,J'SAJ6jl/ , Notary Public, personally appeared YU Y1W 2 ��-19 �, /1, T LA° ! � 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.ti P. SING H 0 COMM. # 2345774 .t •. (� �� „ m NOTARY PUBLIC • CALIFORNIA SANTA CLARA COUNTY Ci fF0 NSP COMM. EXPIRES FEB. 8, 2025'' Signature: '1' (Seal) Resolution 07-22 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. OMY DEBORAH L. PADOVANNotary Public - CaliforniaSanta Clara CountyCommission k 22824Signature: (Seal) Comm. Expires Apr 19, 2023 Resolution 07-22 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. 0&4249 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 07-22 Page 6 Certified as a true copy RESOLUTION 0722 I /� i 10 RESOLUTION OF THE CITY COUNCIL OF TA TOWN OF LOS ALTOS HILLS ityClerk of the Town of Los Altos Hills ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Pang) WHEREAS, Ho Yan Clement Pang ("Owner"), owner of the property commonly known as 13210 E. Sunset Drive, Los Altos Hills, California; and WHEREAS, Owner has 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, Mok, Schmidt, Tankha NOES: None ABSENT: None RECUSE: Swan ABSTAIN: None ATTEST: LZ��qz�z= Deborah L. Padovan, City Cleric 's B y' George Tyso ayo &6p]Hg9r0972g2 pygVf 7 Exhibits A Legal Description of Pathway Easement and Plat Accompanying Legal Description Resolution 07-22 Page 8 EXHIBIT A LEGAL DESCRIPTION Pathway Easement Lands of Pang 13210 E. Sunset Drive A 10 foot wide nonexclusive pathway easement over, on, and through real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, said easement being across a portion of Lot 10 as shown on that certain map entitled "MAP OF LOS ALTOS HEIGHTS" Bled in the Office of the Recorder of the County of Santa Clara, State of California, on April 17, 1911 in Book "N" of Maps at Page 47, said 10 foot wide easement lying within and coincident with the northeasterly and southeasterly lines of the lands described in the Grant Deed conveyed by Zining Wu and Qian Lin, as Trustees of the Wu Family Revocable Trust dated August 22, 2013 to Ho Yan Clement Pang, Trustee of the Allegro Con Brio Trust dated July 12, 2017 said Grant Deed being recorded on July 14, 2017 in Document #23698126 Santa Clara County Records, said easement being more particularly described as follows: Beginning at the intersection of the southeasterly right of way line of Sunset Drive East (40 foot wide) with the northeasterly line of said lands of Pang (Document #23698126), said northeasterly line also being the southerly line of Lot 1 as shown on the Map of "Tract No. 3530, being a portion of Lot 11 `Map of Los Altos Heights"', which Map was Bled for record in the Office of the Recorder of the County of Santa Clara on September 20, 1963 in Book 167 of Maps at Page 4; thence along said northeasterly line South 60°16'41" East 231.13 feet (called South 60°05'00" East 230.78 feet on said "Tract No. 3530") to the most easterly corner of said Lot 10 "Map of Los Altos Heights", said corner also being the most southerly corner of said Lot 1 "Tract No. 3530"; thence along the southeasterly line of said Lot 10 South 44°06'33" West 366.24 feet (called South 44048'00" West 369.60 feet in said Document #23698126) and South 61°42'30" West 55.00 feet to the easterly most corner of that certain Lot 2 as shown on the Map of "Tract No. 3217, being a portion of Lot 10 `Map of Los Altos Heights"', which Map was Bled for record in the Office of the Recorder of the County of Santa Clara on January 23, 1963 in Book 156 of Maps at Page 26; thence along the northeasterly line of said Lot 2 North 44°05'04" West 10.39 feet; thence leaving last said northeasterly line along a line parallel with and 10.00 feet distant (right angle measure) from said southeasterly line of said Lot 10, North 61°42'30" East 56.28 feet and North 44°06'33" East 351.80 feet; thence along a line parallel with and 10.00 feet distant (right angle measure) from said southerly line of Lot 1 as shown on the Map of "Tract No. 3530" North 60°16'41" West 228.90 feet to said southeasterly right of way line of Sunset Drive East (40 foot wide) thence along said southeasterly right of way line North 76°33'22" East 14.62 feet to the Point of Beginning and containing 6,447 square feet of land, more or less. Two plats, entitled Exhibit `B" and Exhibit "C" are attached hereto and by this reference made a part hereof. Basis of Bearings: The bearing South 24°35'00" West of the northwesterly line of the said lands of Pang (Document #23698126) was taken as the basis of bearings herein. Sheet 11d2utiou 07-22 -ROAD N77°17'30„ w /1 286,00' )o S7 o� / 7°17',0 ROS 74 Al 27 col /,s O N N77*'v `v 2'2>3 /�N� / 255.6p' 2`� Ani coo tiSLO >3>. V.ory �GIV 1? � co o `� G eP67.00' Q ry P� �� as ._...._ � ^O� �.�-- � �ry� 530 N86`00'00 Ero o9 �RPg6 �0 \SOS 1 (S82°1816 W) o ?mow �,y ��,� ) (214.7 SER �Cb. ��0� ?CJ2"E O //p/p� S °F�°�6Naa� N�yG�p���LP�� oo; SOS R�w� NSOo ,30„E) `/ �pN00G• pQ� ��� �Q5 4— N69. dao' WAD (NS (Ss �° 4P '0'1 „W o. ° ��, �S�q 06 601 = ®�./ .0 90 -V �� ^ it 7 PROPOSED 10.00 WIDE RIGHT'OF WAY EASEMENT /LOT 1 ACT NO. 3217 1 10.00'WDE % ROPOSED 10' PATHWAY EASEMENT 156 M i LANDS OF 156 ON N LANDS OF PANG OC. 20487312 (PER DOC. X23698126) / ��, O� APN: 175-27-031 / O / N0. 13200 EAST SUNSET DR. 350' CONTOUR--oQ��e�� ��0� P`' �0 T 1 0 Qp �}'' / ,•t,�J�1 OQ Pl MAP OF 4,OS ALTOS HEIGHTS (N MAPS 4 )�R7�Dc�D°� OJ iO��QO�i 1 1 LANDS OF COCKS ET AL. O / Gj �� �S�jS�9 DOC. 24480696 VA. '1�',� Qe,'?-QZ o�P /. 210.39'J® �' APN: 175-27-032'`/ �19 2013-56�• (' J�� P4o'< F NO. 13208 EAST SUNSET DR. 122 G' G \,AND S� LOT 2 — TRACT NO. 3217 F� 156 MAPS 26 J ROBERT C, HUTTON 0 COURSE DIMENSION TABLE: No. LS 5454 COURSE BEARING DISTANCE 1 N30°06'45"E 68,34' Exp, 9-30-22 2 S10°58'10"W 53.64' OF CA������\Q 3 S24°35 00 W 128.49 E X H I B I T B NOTE: THIS IS NOT A BOUNDARY SURVEY AND THE DIMENSIONS SHOWN MAY NOT BE EXACT. SHEET 2 OF 3 B & H SURVEYING, I N 0.901 WALTERMIRE ST., BELMONT, CA 94002 (650) 637-1590 TITLE: VICINITY PLAT TO ACCOMPANY LEGAL DESCRIPTIONS ACROSS THE LANDS OF PANG TOWN: LOS ALTOS HILLS COUNTY: SANTA CLARA CALIFORNIA SURV: NONE SCALE: 1" = 160' FOR: 13210 E. SUNSET DRIVE JOB NO. 7650-20 PLAT: RCH DATE: OCTOBER, 2021 APN 175-27-019 DWG NO. 7650-Rd-EaseVicinity.dwg eso u ion AnA GRAPHIC SCALE/ o eo 0 40 80 A3'QO"El / i�// & LANDS OF SUCHTER `Nl6••33%22"E, / / 4bQ DOC. 20167887 N�6 26 QQ\ / icy/APN: 175-27-033 O NO. 13254 EAST SUNSET DR. IN 1 inch FEET80) ft. 141 ,64' N ?9? AllLOT 1 7 TRACT N0. 3530 4'52"E 3 QO 1s66+0136MAPS 4 0. p�) ®` �3c� CNg0•24 3Q E] \ \ ? •'SS 06" p''260 0 ^� / S�jN Cq0 W 14.62 \ �3' 47 FJ pJ o ®"W N76'33'22"E �,°`o 97 \ J n LOT 1 — TRACT NO. 3217 156 MAPS 26 4hT 10 00'WIDE i LANDS OF PIRAMOON 1•C00j DOC. 20487312 APN: 175-27-031 ® ►'7 NO. 13200 EAST SUNSET DR. tr) A,* 1, �40 �cb• A) AR NEW PATHWAY EASEMENT° 6447± SF / �p1 LANDS OF PANG (PER DOC. #23698126) ° (0) X100 Qx '0 -Z 00 F F I / •O O' %K O X L 0T 1 0 M A P O F L O S L T 0 S H E I ("N" MAPS 47) LANDS OF COCKS ET AL. R5r• DOC. 24480696 Os, 3r APN: 175-27-032 NO. 13208 EAST SUNSET DR. LOT 2 — TRACT NO. 3217 156 MAPS 26 10.3 9' ' � �6,�• Dc �� ���, \ 2 2O� - BOUNDARY NOTE: Sr�1 THE BOUNDARY OF THE LANDS OF PANG SHOWN HEREON IS BASED ON A FIELD SURVEY BY B&H SURVEYING DATED SEPTEMBER 2021. SAID SURVEY TO BE FILED AS A RECORD OF SURVEY AT SANTA CLARA COUNTY. BASIS OF BEARINGS: THE BEARING S 24.35'00"W OF THE NORTHWESTERLY LINE OF THE LANDS OF PANG 1) SAND S�9 AS DESCRIBED IN DEED DOCUMENT NO.23698126, RECORDS OF THE COUNTY OF �%I- SANTA CLARA WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. J ROBERT C, HUTTON LEGEND: No. LS 5454 [ ] DENOTES RECORD DATA PER BOOK 167 MAPS PAGE 4 E Exp. 9-30-22 SF SQUARE FEET s DOC DOCUMENT E X H I B I T C �qTF N0. NUMBER SHEET 3 OF 3 OF Ct\��F B & H SURVEYING, INC 901 WALTERMIRE ST., BELMONT, CA 94002 (650) 637-1590 TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PATHWAY EASEMENT TOWN: LOS ALTOS HILLS COUNTY: SANTA CLARA CALIFORNIA SURV: NONE SCALE: 1" = 80' FOR: 13210 E. SUNSET DRIVE JOB NO. 7650-2� APN 1 90lu�p� 0'd?q age I1 / PLAT: RCH DATE: DECEMBER, 2021 / DWG N0. 7650— Path Ease. dwg