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HomeMy WebLinkAbout43-18 RESOLUTION 43-18 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Rizzi) WHEREAS, Joseph D. Rizzi, Trustee and Elizabeth M. Rizzi, Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990 ("Owners"), owners of the property commonly known as 12615 Miraloma Way, 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 17`^day of May, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: John Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 43-18 Page I l This Document Is Recorded For the Benefit of the Tour of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded,Mail to: Toxin 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 Rizzi) THIS GRANT OF EASEMENT is made this W4 day of Ao--I , 2018,by Joseph D. Rizzi, Trustee and Elizabeth M. Rizzi,Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990("Owners"),owners of the property commonly known as 12615 Miraloma Way, 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 facilities, for pedestrian and equestrian use, 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. 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] RemWtion 43-I8 Page 2 IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted,this grant of the Easement as follows: ,[ q OWNERS Date: �"T ��- ��/ BRUCE KAMOLNICK oseph D zZi Coarrdssim/2123390 ¢ Notary Public-Connote Santa Clara County M Comn.Ei Ines All t/ 20/9 Date: #- ��' � Elizabeth M. Rizzi TOWN OF LOS ALTOS HILLS: Date: OS 1 lIgf 2p ✓� John Radford, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 43-1g 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 Z1220L �� , 2018, before me,[ /1�"W d(,(� , Notary Public, personally appeared (T06C,9 t � 2��'7�, 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 an`� seal. Signature: (Seal) BRUCE KAMOLNICK Commis9lw Y 2127980 Notary PuUOc•CpKornle Santa CIMal Cwnw M Comm.Ex Im A 14,20d Resolution 48-I8 Page 4 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. Deborah Padovan, City Clerk Date: May 18, 2018 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 43-I8 Page 5 CwMw as a true copy RESOLUTION 43-18 CRy CkA of IAB TOW-of Loa Albs HNS RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS - ACCEPTING GRANT OF A PATHWAY EASEMENT -- (Lands of Rizzi) WHEREAS, Joseph D. Rizzi, Trustee and Elizabeth M. Rizzi, Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990 ("Owners"), owners of the property commonly known as 12615 Miraloma Way,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 171h day of May, 2018 by the following vote: AYES: Radford, Spreen, Corrigan,Waldeck; Wu NOES: None ABSTAIN: None ABSENT: None BY: John Radford,Mayor ATTEST: Deborah Padovan,City Clerk Resolution 43-I8 Page 6 Resolufim 43-18 Page 1 yLAlpL1 D 6 EXHIBIT "A" Legal Description of s 10' Pathway Easement over a Portion of the Lands of Rizzi 12615 Miraloma Way OF Ch Los Altos Hills, California �Lgr� An easement over that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: BEGINNING at a point North 38049'00" West, 16.00 feet, from the most southerly corner of that certain 1.00 acre parcel of land,said most southerly corner being the most southerly terminus of that certain course shown as North 38°49'00" West, 631.15 feet, as said certain 1.00 acre parcel and certain 631.15 foot course are shown upon that certain Record of Survey, which was filed for record on August 30, 1949, in Book 23 of Maps, at Page 45, Santa Clara CountyRecords; Thence, along the southwesterly boundary of said 1.00 acre parcel of land, North 38049'00" West, 10.00 feet, to a point on a line parallel, and 26.00 feet distant, measured at a right angle, with the southeasterly boundary of said 1.00 acre parcel of land; Thence, northeasterly along said parallel line, North 49°56'00" East, 74.00 feet, to a point on the northeasterly boundary of said 1.00 acre parcel of land; Thence, along said northeasterly boundary, South 38°49'00" East, 10.00 feet, to a point on a line parallel, and 16.00 feet distant, measured at a right angle, with the southeasterly boundary of said 1.00 acre parcel of land; Thence,southwesterly along the last mentioned parallel line, South 49°56'00"West,74.00 feet, to a point on the southwesterly boundary of said 1.00 acre parcel of land, said point being the POINT OF BEGINNING. Containing an area of 740 square feet, more or less. END OF DESCRIPTION. Attached to this legal description is a plat, entitled Exhibit "B", showing this pathway easement, which is made a part hereto. Basis of Bearings: This description is based upon record information shown upon that certain Record of Survey, which was filed for record on August 30, 1949, in Book 23 of Maps, at Page 45, Santa Clara County Records, State of California. Sheet 1 of 1 Sheets Resolution 43-I8 Page 7 v usx0 a AN\'1-V o SO �E� * x'18- � 781819 e* — j4� OF O�LI�e$e LEGEND I PROPERTY LINE I} R —— —————— ENISTINC EASEMENT LINE I a I ( ) INDICATES RECORD INFORMATION IN 13 CONFLICT WITH CALCULATED DATA I I ® PATHWAY EASEMENT TO BEDEDICATED I IG IR (AREA-7403 SF.) lO ONN 100 O 30 100 IX GSTREET a 1A CM 7) IFY (62 (621 M 7) EX. 30' INGRESS S 1 12 SCALE�00. (DOC No looaM meT) 1 I I I 44 —0 PARCEL 71621 M 6 & 7STB' 1008E430 74' 430.X'LfO[w6I66aIDwrr1vo"a 11 . M APN 346-16-002 n �TV1 1 Z Q LLF ppa &tG' �J�``� i �zmu6.+A 01� 16.00•IN pia 1 �_I Io ~_ f x per."r o t x�xrswr.�l 61 1 10 a86'Q /IloMso 536I8'00'E 549.68' 59966' I0. to � i; ti h Q � Q 'APN 336-16-003 ���•00x' "T — — f=P8 6W�aTFOn puO� BOS/5' To Q 736 I8b0. 631.15' PONT OF BEGINNING APN 336-16-052 I APN 336-16-004 1 EXIHBIT I'B' r Giuliani & Hall Inc. SCALE: 1'=100 PLAT TO ACCOLWAY l _ + DATE: 3/21/18 LEGAL DESCR DRAWN: E.T. 1W PATHWAY EA 48W Stems Creek Blvd. Suite 205 San Jose. CA. 95129 CHECKED: R.R. 12615 MIRALOM(408) 615-4000 Fax (408) 615-4004 JOB NO.: 00233 Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOB ALTOS HdLS, FNe000\00233\dwg\00233ptattlwG 3/16/2011 9151,57 AM PST Rwolution43-I8 Nge8