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Home My WebLink About06-22RESOLUTION 06-22 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of DANIEL E. LENOSKI 2013 REVOCABLE TRUST) WHEREAS, DANIEL E. LENOSKI 2013 REVOCABLE TRUST ("Owners"), owners of the property located at 27296 Byrne Park Lane, 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 201h of January 2022 by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None ABSENT: None ABSTAIN: None ATTEST: Deborah L. Padovan, City Clerk By: George TysonCMayor Resolution 06-22 Page I 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 Lenos1d) THIS GRANT OF EASEMENT is made this Q/ r'fday of Tdz2btAr , 20} by Daniel E. Lenoski 2013 Revocable Trust, ("Owner"), the owner of the propertylocated at 27296 Byrne Park Lane, 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 and Exhibit B 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 06-22 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: 1z' 1--z-i ~� �� b 1611- aniel E. Lenoski 2013 Revocable Trust TOWN OF LOS ALTOS HILLS: Date: George K. Tyson, Mayor ATTEST: OZK�(-- T)eb-orah L. Pad • �van,-City Clerk Resolution 06-22 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 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 perso4'0 whose name) is/are subscribed to the within instrument and acknowledged to me that he4h:e t+ey executed the same in hisf Ter/thtir authorized capacity(; and that by his/l t rr signature(s)- on the instrument the person, or the entity upon behalf of which the personacted, 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:04�kd, Slea (Seal) 0- DEBORAH L. PADOVAN Notary Public - California Z $ Santa Clara County >_ Commission # 2282419 C1(Ii0\M,'♦ My Comm. Expires Apr 19, 2023 Resolution 06-22 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~j X_CLG(a ) On r LQ , 2021, before me,L, eaA(3\jeAj , Notary Public, personilly' appeared ®._!p , who proved to me on the basis of satisfactory evidence to be the persons whose nameW is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his4mrAheir authorized capacityNs), and that by his/ker/their signature(s),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. Signature: (Seal) DEBORAH L. PADOVAN v Notary Public • California Z Santa Clara County +Commission # 2282419 My Comm. Expires Apr 19, 2023 Resolution 06-22 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. Deborah Padovan, City Cleric Date: January 21, 2021 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 06-22 Page 6 Certified as a true copy RESOLUTION 06-22 1 By RESOLUTION OF THE CITY COUNCIL OF THLLItYCILerkof the Tow �nf Los Altos Hills TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of DANIEL E. LENOSKI 2013 REVOCABLE TRUST) WHEREAS, DANIEL E. LENOSKI 2013 REVOCABLE TRUST ("Owners"), owners of the property located at 27296 Byrne Park Lane, 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 20th of January 2022 by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None ABSENT: None ABSTAIN: None By: George TysonLvayor ATTEST: Deborah L. Padovan, City Clerk AN004A 06-a A 17 Exhibits A & B Legal Description of Pathway Easement and Plat Accompanying Legal Description Resolution 06-22 Page 8 Date: June 30, 2021 File: 2110011 EXHIBIT'A' LEGAL DESCRIPTION PATH EASEMENT APN:182-48-053 ALL THAT CERTAIN PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA OVER A PORTION OF THE LANDS OF DANIEL LENOSKI, AS DESCRIBED IN DOCUMENT NUMBER 22413044, RECORDED ON OCTOBER 11, 2013, SANTA CLARA COUNTY RECORDS, AND BEING PARCEL 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP, BEING A RESUBDIVISION OF LOTS 32 AND 33 OF TRACT 5068", RECORDED ON MAY 15, 1975, IN BOOK 355 OF MAPS, PAGE 42, SANTA CLARA COUNTY RECORDS, BEING A PATH EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1 AS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHEASTERLY CORNER AND ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 25°33'36" WEST, A DISTANCE OF 16.32 FEETTO THE EASTERLY LINE OF 15 FEET WIDE PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENT AND PURISSMA HILLS COUNTY WATER DISTRICT EASEMENT (15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT) AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY LINE OF SAID 15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT, NORTH 41013'03" WEST, A DISTANCE OF 101.69 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID 15' P.U.E., P.S.S.E & P.H.C.W.D.E. EASEMENT, NORTH 58041'56" WEST, A DISTANCE OF 52.00 FEET; THENCE NORTH 41013'03" WEST, A DISTANCE OF 47.75 FEET TO A PRIVATE ROAD AND A POINT ON A NON -TANGENT CURVE TO THE LEFT, CONCAVE TO THE NORTH, WHOSE CENTER BEARS NORTH 08°44'09" EAST; THENCE ALONG SAID PRIVATE ROAD AND NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 49°57'12" AND AN ARC LENGHT OF 34.87 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 41013'03" EAST, A DISTANCE OF 178.33 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 1 AND THE POINT OF BEGINNING; SAID PATH EASEMENT CONTAINING 3,767 SQUARE FEET MORE OR LESS SEE EXHIBIT "B" ATTACHED AND MADE A PART THEREOF. BASIS OF BEARINGS FOR THIS DESCRIPTION IS NORTH 70049'19" EAST BETWEEN FOUND TWO 3/4" IRON PIPES WITH TACK IN MONUMENT WELLS AS SHOWN ON THAT CERTAIN MAP "TRACT NO. 5068 Resolution 06-22 Page 9 Date: June 30, 2021 File: 2110011 PARKSIDE UNIT 3" RECORDED ON JUNE 2, 1972, IN BOOK 302 OF MAPS, PAGES 34 AND 35, SAN CLARA COUNTY RECORDS. PREPARED BY: CSW/STUBER-STROEH ENGINEERING GROUP, INC. Ilk�� LAND JOSH WOELBING P.L.S. # 9387 PLS 9387* `nr fk, k�Q� Resolution 06-22 Page 10 t 40' PRIVATE ROAD, P. E., P. U. E., P. S. S. E & P. H. C. W. D. E i LANDS OF MATHUR N08'44'09 "E(R) APN 182-48-052 (DN 2013-22072518) P.ARCE5L 2 :35-5 �Il 42 547'06'51 "W 286.69' 0 2� S2g 5 5 N41 ' 13)03')W 47,75) PROPOSED PATH EASEMENT 3,767± S.F. BOUNDARY APN 182-48-053 — BOUNDARY ADJACENT —___________— BOUNDARY TIES ® — PATH EASEMENT — — — — — — EXISTING EASEMENT AS NOTED POB POINT OF BEGINNING LANDS OF LENOSKI APN 182-48-053 (DN 2013-22413044) PAF?CEL 1 :355 IV] 42 N i O 0 Z -p CN 0 c-1 THE BASIS OF BEARINGS IS NORTH 70'49'19" EAST BETWEEN FOUND TWO 3/4" IRON PIPES WITH TACK IN MONUMENT o WELL AS SHOWN ON THAT CERTAIN MAP ENTITLED PARKSIDE a, UNIT 3, TRACK 5068, FILED JUNE 2, 1972 IN BOOK 302 CO OF MAPS AT PAGES 34-35, SANTA CLARA COUNTY RECORDS. Graphic Scale (in feet) 30 0 30 60 1 inch = 30 ft. CSWIsT2 CSW/Stuber-Stroeh Engineering Group, Inc. Civil & Structural Engineers I Surveying & Mapping I Environmental Planning Land Planning I Construction Management 45 Leveroni Court tel: 415.883.9850 Novato, CA 94949 fax: 415.883.9835 httplAvww.ctwsL2.com 02011 P:\Pro)ects\2110011 Byrne Park Los Altos Hills Survey\DWG\LEGAL AND PLA Rev. - Job No. 2110011 302 �/l 34 ,I �I c m �I ml �I �I 0 m � Z ZU C31 rTi Z � Oo� I C C) cc 0Cno Z I rn I n Cno W CJl Iv LOT .31 X02 Nl 3-,,' POB S25'33'36 "W 16.32' Date: 06/30/2021 Scale: 1" = 30' EXHIBIT "B" PATH EASEMENT (APN:182-48-053) PLAT TO ACCOMPANY LEGAL DESCRIPTION LOS ALTOS HILLS SANTA CLARA CALIFORNIA AT PROPOSED PATH EASEMENT APN 18248-053.dwa 07)t)7?021 . nQ•9F ann ro lam