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HomeMy WebLinkAbout73-06 RESOLUTION NO. 73-06 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Hitz) WHEREAS, David Hitz is the owner of the property commonly known as 26026 Scarff Way, 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. PASSED AND ADOPTED thisZ-i d yof A 2006 I BY: ayor _ ATTEST: Karen Jost ' 1I erk 803040-1 • • ATTACHMENT A Grant of Pathway Easement 803040-1 • •1 Attachment A to Resolution 73-06 DOCUMENT: 19361164 Pages: 7 Fees. . . . * No Fees This Document Is Recorded For the Benefit of the Cop . . . Town of Los Altos Hills Copi e es. And is Exempt from Fee AMT PAI D Per Government Code Sections 6103 andd27383 83 REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 3/28/2007 When Recorded,Mail to: Recorded at the request of 11 :37 AM City 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 Hitz) THIS GRANT OF PATHWAY EASEMENT is made this 2`1 day of ;�y ; 2006,by David Hitz, Trustee of the Sundance Living Trust,Dated 1-17, 2002 ("0 "), owner of the property commonly known as 26026 Scarff Way, 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 facilities, for pedestrian, bicycle 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. 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. [Next Page] 803039-1 110' IN WITNESS WHEREOF,the Owner has properly executed, and the Town has hereby accepted,this Grant as follows: OWNER: DAVID Z TOWN OF LOS ALTOS HILLS: Date: Z472006 - "' ) Mayor ATTEST: Karen Jost,e erk 803039-1 .. .4 r , STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) Kathryn Feller On f 0r►` (11'1 , 2006,before me the undersigned Notary Public,personally appeared Div td ,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 ,/ I " KATHRYN FELLER ..-"ro._ COMM. #T569093 y�• z S,r, NotaryPublic-California A Z -x:1.1 Santa Clara County Comm.Ex'ires Apr. 14,2009 STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) Kathryn Fellr On� (-)11 , 2006,before mei a ersigne 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 , ^ =� KATHRYN FELLER COMM. #1569093 .z, 3 Notary Public-California o " z Santa Clara County Comm.Ex.fires ,r.14,2009 803039-1 • Exhibit A Legal Description for Pathway Easement and Accompanying Plat 803039-1 EXHIBIT "A" Legal Description of the 10'Pathway Easement Lands of Hitz Los Altos Hills, California All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, being more particularly described as follows: A 10 foot wide strip of land, over Parcel 4 as said parcel is shown on that certain Parcel Map which was filed for record on August 16, 1976, in Book 376 of Maps,at Pages 29 and 30, Santa Clara County Records,more particularly described as follows: BEGINNING at a point on the Southerly boundary of said Parcel 4, said point lying South 86°41'43" East, 357.30 feet from the Southwesterly corner thereof; thence, continuing along said Southerly boundary, South 86°41'43" East, 172.42 feet, to an angle point in said Southerly boundary; thence, continuing along the southerly boundary of said Parcel 9, North 83°42'15" East, 10.00 feet; thence, leaving the southerly boundary of said Parcel 9,North 6°17'45" West, 10.00 feet; thence, South 83°42'15" West, 9.16 feet; thence,North 86°41'43" West, 171.58 feet; thence, South 3°18'17" West , 10.00 feet to the POINT OF BEGINNING. Containing 1,816 square feet, more or less. End of Description. 1, LAI •'! 11113.Exp 7�Tr. -- // (; • !: N00 30'10 E 513.48' I W o • 0T= CITY OF C €'HALO ALTOS03.18'17"W SCALE: 1"=120' 10.00' N 1 N0149'30"E 36.00' In N W � .74- Ln ;t w n w POINT OF Lu s� W .' BEGINNING in I }014 cn EASEMENT l ,� 'r 3 wIn DEDICATION i- <L is Ili \ cn Z amE cn \ O O`-' PARCEL 4 ,w \ l PARCEL % 376 M 30 0 N (391 M 28) \ 6,3 \ co %4 i S83'42'15"W 9.16' \ 1 W -N06'17'45"W 11-) 10.00' o �o ) LANDS OF CHANG CO LA N +, S13'40'48"W— Z'� ul 35.35' 551191 s u1 ic-1,AND ' A.$z+ 6:P -.6=133'29'34" �o t R=40.00' o = 0 L 93.20 1$5 0 L NO. L7078 vs ,s (3 76 M 30) _EXP. 12-31-08 19'1'2- •1 12 ( 1 4> 5'51 A1, 0�` m 4' OF CALM ., 'CARE - LANE 1 OF 1 r ` Giuliani & Sull Inc. SCALE: 1"=120' PLAT TO LEGAL DESCRIPTION ♦ DATE: 11/14/01 Engineers • Planners • Surveyors DRAWN: C.M. 1O-FOOT PATHWAY 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. EASEMENT DEDICATION (408) 615-4000 Fax (408) 615-4004 FILE: E:\2004\04173 PARCEL 4 (376 M 30) Auburn • San Jose • Oakdale PLAT.DWG LOS ALTOS HILLS. CALIFORNIA JOB # 04173 • RESOLUTION NO. 7 3-0 6 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Hitz) WHEREAS, David Hitz is the owner of the property commonly known as 26026 Scarff Way, 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. PASSED AND ADOPTED thisZ4ida of , 2006 BY: ayor el ATTEST: Karen Jost ' it erk pydied as a file c o py By City Clerk of the own of Ur Altos Hills 803040-1