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HomeMy WebLinkAbout56-19RESOLUTION 56-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Evans) WHEREAS, Eric Evans and Cheryl Breetwor Evans, husband and wife as community property ("Owners"), owners of the property commonly known as 11641 Buena Vista Drive, 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 passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 21 st day of August 2019, by the following vote: AYES: Spreen, Wu, Corrigan, Tyson NOES: Tankha ABSENT: None ABSTAIN: None ATTEST: Deborah Padovan, City Clerk BY: 4 )�,— Roge6§preW, Mayor Resolution 56-19 Page I This Document is Recorded For the Benefit of the Town of Las 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 Evans) THIS GRANT OF EASEMENT is made this L'�, day of u s , ZOl 9, by Eric Evans and Cheryl Breetwor Evans, husband and wife as communit roperty ("Owners"), the owners of -the property located at 11641 Buena Vista Drive, 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 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 56-19 Page 2 IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNER: Date: 02 -)-a l- Eric Eva s OWNER: Date: e , Z 0; Cheryl Breetwor Evans PLEASE SEE NOTARY ATTACHMENT TOWN OF LOS ALTOS HILLS: Date: ues�3 Aq R er Spie6n, Mayor ATTEST: Resolution 56-19 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 SqQ YA ) otary Public, personalty appeared Y I \) *ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),vare subscribed to the within instrument and acknowledged to me that heWthey executed the same in hWWir/their authorized capacity(ies), and that by hilfw-fhheir 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) „�"IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllllllll fr% Violeta M. Santa Gadea Lopez F v COMM. #2221353 NOTARYPUBLIC- CALIFORNIA SANTA CLARA COUNTY My Comm. Exp. Nov. 10, 2021 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIII�" Resolution 56-19 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 Augusto, 2019, before me, Deborah L. Padovan, Notary Public, personally appeared Roger Spreen, who proved to me on the basis of satisfactory evidence to be the personwhose name' isfafe subscribed to the within instrument and acknowledged to me that homey executed the same in his+ef/tireir authorized capacity and that by his+ert rcir signature.K on the instrument the person, or the entity upon behalf of which the person 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 Notary Public - California . + . Santa Clara County Signature: (Seal) Z Commission K 2282419 " ° +� My Comm. Expires Apr 19, 2023 Page 5 Resolution 56-19 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: August 23, 2019 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 56-19 Page 6 Certified as a true copy RESOLUTION 56-19 By RESOLUTION OF THE CITY COUNCIL OF THE i*C1WftofTown f Los Albs Wit TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Evans) - WHEREAS, Eric Evans and Cheryl Breetwor Evans, husband and wife as community property ("Owners"), owners of the property commonly known as 11641 Buena Vista Drive, 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 passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting. held on the .21st day of August 2019, by the following vote; AYES:. Spreen, Wu, Corrigan, Tyson NOES: Tankha ABSENT: None ABSTAIN: None ATTEST: Deborah Padovan, City Clerk BY: 4 ; R ogw Oprew, Mayor Resolution 56-19 Page 7 Resolution 56-19 Page l EXHIBIT "A" Legal Description of the Pathway Easement 11641 Buena Vista Drive -Parcel A (502 MAPS 43) Lands of Evans Los Altos Hills, California An easement over certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Commencing at the most Northwesterly corner of Parcel A, also being a point in the old centerline of Central Drive, as shown on that certain Parcel Map which was filed for record on July 27, 1982, in Book 502 of Maps, at Page 43 in Santa Clara County Record; Thence, along the westerly boundary of said Parcel A, South 12020'47" East, 31.37 feet to the True Point of Beginning; Thence continuing along said westerly boundary the following four courses:: 1: South 12020'47" East, 403.44 feet; 2. South 77046'30" West, 4.69 feet; 3. South 1300715" East 161.85 feet; 4. South 27021'35" East, 180.83 feet, to the northerly line of Buena Vista Drive as shown on said Parcel Map (502 MAPS 43); Thence North 81007'12" East, along said northerly line of Buena Vista Drive, 29.31 feet; Thence North 27021'35" West, 33.56 feet, parallel with, and 27.50 feet distant, measured at a right angle, from said westerly boundary of Parcel A(502 MAPS 43); Thence North 62038'25" East, 10.00 feet; Thence North 27021'35" West, 153.06 feet, parallel with, and 37.50 feet distant, measured at a right angle, from said westerly boundary of Parcel A (502 MAPS 43) Thence North 13°07'15" West, 155.43 feet, parallel with, and 37.50 feet distant, measured at a right angle, from said westerly boundary of Parcel A (502 MAPS 43) Thence North 77°39"13" East, 4.69 feet; Thence North 12020'47" West, 135.32 feet, parallel with, and 37.50 feet distant, measured at a right angle, from said westerly boundary of Parcel A (502 MAPS 43) Thence South 77038'34" West, 4.50 feet; Thence North 12020'47" West. 236.37 feet, parallel with, and 33.00 feet distant, measured at a right angle, from said westerly boundary of Parcel A (502 MAPS 43) Thence South 60040'50" West, 13.59 feet; Thence North 12°20'47" West, 41.82 feet, parallel with, and 20.00 feet distant, measured at a right angle, from said westerly boundary of Parcel A (502 Maps 43), to the southerly line of said Central Drive; Thence along said southerly line of Central Drive, South 60040'50" West, 20.91 feet, to the True POINT OF BEGINNING. Containing 26,149 square feet, more or less, as shown on the plat attached, Exhibit "B", hereto and made a part hereof. End of Description. Sheet 1 of 2 Sheets Resolution 56-19 Page 8 ('oNEW CENTERLINE v N1 1�y� PER (846 MAPS 30-33) 0 + kc 2 NN.0 0 59 Cr 0� 0 m LEGEND z No 0 z N 5 ® PATHWAY EASEMENT (AREA = 26,149 f S.F.) Z� A IL, o - 100 0 50 100 1 inch = 100 ft. SCALE. • I"--100' PARCEL A 502 MAPS 43 Z (T .sb b, �04 N0. L7075 / * EIF12-31-:N d 1 OF CALt4�4 1.�� 2"E Na 31 // ��6�/ d.,/ db PARCEL B- 0 502 MAPS 43 29•0E ✓ � NS1ro7l4 00.12 63.9 0. 82.E 51 E EXHIBIT 'B' S84'11'16 E 243.73' N r ' SCALE: 1"=100' PLAT TO ACCOMPANY Giuliani & Kull,Inc• DATE: 5/21/19 LEGAL DESCRIPTION ' DRAWN: E.T. PATHWAY EASEMENT 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. PARCEL A (502 MAPS 48) (408) 615-4000 Fax (408) 615-4004 JOB NO.: 07145 Auburn 0 San Jose • Oakdale SHEETS: 2 OF 2 LOS ALTOS HILLS, CALIFORNIA