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HomeMy WebLinkAbout04-17 RESOLUTION 04-17 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Polyakov and Sabsovich) WHEREAS,Eugenia Polyakov and Ilya Sabsovich ("Owners"), are the owners of the property commonly known as 25541 Fremont Road, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS,pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the City Council has determined that acceptance of the right-of- way easement dedication satisfies the requirements of the Code and serves an important public purpose; 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 the dedication of the right-of-way easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. 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 the 16th day of February, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSTAIN: None ABSENT: None Gary Waldeck, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 04-17 Pagel 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 OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Polyakov and Sabsovich) THIS DEDICATION is made this A day of �)��s�' , 2016, by Eugenia Polyakov and Ilya Sabsovich, wife and husband as community property with right of survivorship ("Owners"), the owners of the property located at 25541 Fremont Road, 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 dedicate to Town an easement for street right of way purposes and incidents thereto that portion of 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 ("Dedication"). Section 2. The Town hereby accepts this Dedication. IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows: OWNER: Date: Eugenia Polyako OWNER: Date: Ilya Sabsovich Resolution 04-17 Page 2 TOWN OF LOS ALTOS HILLS: Date: JUG o) e-))17 Gary Waldeck, Mayor ATTEST: . Deborah L::P:fidovan, City Clerk Resolution 04-17 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 "� �� ) On A?/(�.<% 2016, before me, 61�hh C �"-,q"7n , Notary Public, personally appeared _1 /A ��Y� t1 h-d /zi,( St-5 B rl� leg , who proved to me on the basis of satisfactory evidence t be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that hp_ s e/they executed the same in, histh r/their authorized capacity(ies), and that.by his4i r/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. JI11111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIIIIIII11111IIIIIIIIIII• F::'.•, ELENA C.HERRMANN COMM.#2065771 Z . e Notary Public-California San Mateo County My Comm.Expires May 23,2018 5 Signature: (Seal) 111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIti11111111I1111III1111u111111111111G Resolution 04-17 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 Februaryaa;2017,before me, Deborah L. Padovan,Notary Public,personally appeared Gary Waldeck,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. DEBORAH L.PADOVAN Commission#21043fi6 _ Notary Public-California Santa Clara County Signature: (Seal) myCOMM-aim ggr 19 2019 Resolution 04-17 Page 5 Certified as a true copy RESOLUTION 04-17 By " C4 Clerk of the Tom,6f Los Anos Hills RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS _ ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Polyakov and Sabsovich) WHEREAS,Eugenia Polyakov and Ilya Sabsovich ("Owners"), are the owners of the property commonly known as 25541 Fremont Road, Los Altos Hills, California; and WHEREAS', Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS; pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the City Council has determined that acceptance of the right-of- way easement dedication satisfies the requirements of the Code and serves an important public purpose; 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 the dedication of the right-of-way easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. 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 the 16th day of February, 2017 by the following vote: AYES: Waldeck, Radford, Corrigan, Spreen, Wu NOES: None ABSTAIN: None ABSENT: None BY: Gary Waldeck, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 04-17 Page 6 Resolution 04-17 Page I 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. eborah Padovan, City Clerk Date: February 21, 2017 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 04-17 Page 7 EXHIBIT"A" LEGAL DESCRIPTION FOR RIGHT OF WAY EASEMENT LANDS OF POLYAKOV AND SABSOVICH 25541 FREMONT ROAD, TOWN OF LOS ALTOS HILLS,CA An EASEMENT over a portion of land lying within Lot 34 of"M. & M. Taaffe Subdivision of Lot 4", filed July 15, 1897 in "I" Maps 72 & 73, Santa Clara County Records, State of Calfornia, and being more particularly described as follows: BEGINNING at a granite monument labeled "F-14" on the original center line of Fremont Avenue, 40 feet wide (now Fremont Road, width varies ) as depicted upon the said "M. & M. Taaffe Subdivision of Lot 4" map filed in "I" Maps 72 & 73, Santa Clara County Records, at the most northerly corner of the parcel of land described in deed Document No. 22559941 filed April 3, 2014, Santa Clara County Records;. thence along the angled westerly boundary of said parcel described in Doc. No. 22559941, South 09°45 00' " East, 26.31 feet (described as 26.28 feet in said deed) to an angle point, and South 44'03' 40" West, 10.27 feet to a point on said westerly boundary that is 30 feet perpendicular from the center line of said Fremont Road; thence along a line that is 30 feet southwesterly and parallel with said center line of Fremont Road, South 59'13' 00" East, 107.42 feet to the southeasterly line of the parcel described in said Deed Doc.No. 22559941; thence along said southeasterly line, North 34'22' 00 East, 30.06 feet to said center line of Fremont Road ( also being the northeasterly line of said parcel of land described in deed Doc. No. 22559941 ); thence along said center line of Fremont Road,North 59'13' 00" West, 124.04 feet to the most northerly corner of said parcel of land described in deed Doc. No.22559941 and the aforementioned POINT OF BEGINNING. Said portion of land containing 3,363 square feet, more or less. The Basis of Bearings for this Right of Way Easement description is the center line of Fremont Road ( formerly Fremont Avenue) as shown upon 9 Maps 12, Santa Clara County Records. J ffre . Barnea, L.S. 7044 Date .191 0 Page 1 of 2 Resolution 04-17 Page 8 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION 0 30 60 FOR RIGHT OF WAY EASEMENT- SCALE: 1" = 30' LANDS OF POLYAKOV AND SABSOVICH Found open I"diameter V NOTE.This line is shown as being 30'from Iron pipe,in box j the centerline of Fremont Road on 710 Maps (shown on 9 Maps 12, 28&29, Santa Clara County Records. Santa Clara Co.Records) Found granite Monument with punch hole, in box ("F-14"on "I"Maps 72&73) O.B. N 59°13'00"W 284.43'(284.35') Mon. to Mon. `o j P. FREMONT ROAD (width varies) ! (IS 58-56'E) C/L — —; — ------—CIL CP 124.04' r � o � .� ' 160.39' (formerly �� V01�j o 0 o FREMONT J cr) o AVENUE) (S 67°45'W) ,;-10.27' S 59013'00"E 107.42' NOTE.,This line is shown as being 20'from the RIGHT OF WAY centerline of Fremont EASEMENT Road on'T'Maps 72& 73, Santa Clara County Records. 00 (hatched) lcoArea = 3,363 s.f+/- The Basis Of Bearings for W this Right of Way Easement o description is the centerline Lands of Polyokov N of FREMONT AVENUE on v 9 Maps 12, Santa Clara and Sabsovich County Records. 25541Fremont Road z y-o Los Altos Hills, CA APN: 175-23-022 APN: 175-23-023 o Ded Doc. No. 22559941 cs� w r LEGEND ^E Mon. Monument. LANB S (S77Off$ ICIL Centerline. �� �t M. U��`r� • 1�5 2� APN Assessor's Parcel Number. P.0 B. Point of Beginning. uG•#7044 ( ) Indicates record information. '9 OF Je re . Bamea, L.S. 7044 Date Pae 2 of 2 License expires 12-31-16 9 Resolution 04-17 Page 9