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HomeMy WebLinkAbout83-06 • • RESOLUTION NO. 8 3-•0 6 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Evershine) WHEREAS, Evershine III, L.P., ("Owner"), is the owners of the property commonly known as 13310 La Paloma Road, 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 thise�day of 01,E 006. . ill BY: - ATTEST: Karen Jost, ' rk 8467.39-1 • • Attachment A Grant of Pathway Easement 8467.39-1 Attachment A to Resolution 83-06 • DOCUMENT: 19361173 Pages: 7 • Fees. . . . * No Fees IIIITaxes. . . This Document is RecordedIIIIII Copies. . For the Benefit of the AMT PAI D Town of Los Altos Hills And is Exempt from Fee REGINA ALCOMENDRAS Per Government Code RDE # 001 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 3/28/2007 Recorded at the request of 11 :37 AM When Recorded,Mail to: 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 Evershine) THIS GRANT OF PATHWAY EASEMENT is made thisZ4&day of VSij" 2006, by Evershine III, L.P. ("Owner"), owner of the property commonly known s 13310 La Paloma Road, 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 • • , • • • • IN WITNESS WHEREOF,the Owners have properly executed, and the Town has hereby accepted,this grant of the Easement as follows: Evershine III, L.P. 7/2-01b‘ Date: By: i 6,6 Q-✓ Its: Fre"( exaii .1 OF LOS ALTOS HILLS: Date: 'e[Aidy 24 ZlG 192wvl ayor ATTEST: Karen Jos(aliglerk 846737-1 • 411, STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) Susan K. Song Onj1/444 2-Co , 2006, before menthe undersigned Notary Public,personally appeared Svniu Lewin CAA-AAA ,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. SUSAN K. SONG Commission# 1680498 ` ' ,.'"- Notary Public-cantornia y Mycamm.Expires Jul 11201 STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) On , 2006, before me,the undersigned 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 846737-1 • . Exhibit A Legal Description for Pathway Easement and Accompanying Plat 846737-1 S. •I EXHIBIT A DESCRIPTION OF A 10'WIDE PATHWAY EASEMENT TO ACCOMPANY PLAT IN THE TOWN OF LOS ALTOS HILLS,CALIFORNIA All that real Property in the Town of Los Altos Hills,County of Santa Clara,State of California, being a portion of the Lands of Evershine III,said Lands consisting of Lots 11&12 as shown on that certain Map entitled Tract No.49,Robleda Heights filed for record in Book 1 of Maps at pages 46&47,Santa Clara County and Lot 6/remainder as shown on that certain Map entitled Tract No.6527 filed for record in Book 433 of Maps at pages 38&39,Santa Clara County,amended by that certain Map Med for record in Book 453 of Maps at pages 44&45, Santa Clara County,more particularly described as follows: COMMENCING AT THE westerly corner of Lot 11 as shown on that certain Map entitled Tract No.49,Robleda Heights filed for record in Book 1 of Maps at pages 46&47,thence along the northwesterly line of said Lot 11 and La Paloma Avenue,formerly Paloma Avenue, N 43°40'00"E,a distance of 168.31'to the TRUE POINT OF BEGINNING,thence continuing along said northwesterly line of said Lot 11, N 43°40'00"E,a distance of 10.00'to the point of curvature of a tangent curve,concave to the west,having a radius of 68.02'a central angle of 61°50'14", and a chord of 69.90'bearing S 15°24'53"E;thence leaving said northwesterly line of said Lot 11 and through said Lot 11 southerly along said curve a distance of 73.41';thence S 15°30'15"W,a distance of 99.87'to the point of curvature of a tangent curve,concave to the east,having a radius of 25.00'and a central angle of 75°00'00";thence southeasterly along said curve a distance of 32.72';thence parallel to the southwesterly line of said Lot 11,S 59°29'45"E,a distance of 185.14'to an angle point;thence parallel to the westerly line of said Lot 11,S 30°05'45"E,a distance of 136.90'to an angle point;thence parallel to the southerly line of said Lot 11,N 83°12'15"E, a distance of 257.39'to a point in the Lands of Evershine III,said Lands being Lot 6/remainder as shown on that certain Map entitled Tract No.6527 filed for record in Book 433 of Maps at pages 38&39,Santa Clara County,amended by that certain Map filed for record in Book 453 of Maps at pages 44&45,thence through said Lot 6/remainder parallel to the westerly line of said Lot 6/remainder,S 21°33'00"E,a distance of 397.50' to the southeasterly line of said Lot 6/remainder;thence along,said the southeasterly line of said Lot 6/remainder,S 21°20'22"W,a distance of 11.35'to an angle point;thence S 72°30'12"W,a distance of 2.28'to the southwesterly most corner of said Lot 6/remainder; thence along the southwesterly line of said Lot 6/remainder,N 21°33'00"W,a distance of 397.95'to the southeasterly most corner of said Lot 11;thence leaving said Lot 6/remainder and along the southerly line of said Lot 11, S 83°12'15"W,a distance of 256.26'to the southwesterly corner of said Lot 11,thence along said southwesterly line of said Lot 11, N 30°05'45"W,a distance of 140.86'to an angle point in the southerly lines of said Lot 11, thence along the southeasterly line of said Lot 11,N 59°29'45"W,a distance of 182.51' to the point of curvature of a tangent curve,concave to the northeast having a radius of 35.00'and a central angle of 75°00'00";thence northerly along said curve a distance of 45.81'; thence N 15°30'15"E,a distance of 99.87'to the point of curvature of a tangent curve, concave to the west,having a radius of 58.02'and a central angle of 61°50'14";thence northerly along said curve,a distance of 62.62'to the TRUE POINT OF BEGINNING. Containing 0.2721 acres or 11854 square feet of land more or less. See Exhibit"B"attached hereto and made a part hereof. Description prepared on June 26,2006 and based on record data only. END OF DESCRIPTION ND So, b David Alvarez � . L.S.4050 �`�� acv s - Expires 6/30/08 a a P 9 No.4050 * Exp. sf �of ``00.7 07 480 . / /// \- i \\\ ����\.. LANDS OF EVERSHINE III4' 02' / \\ '44111 LOT LOT 6/REMAINDER co 2 ppti / \ \ TRACT NO. AMENDED O O / \ \ '!'t1� BOOK 453 OF MAPS AT PAGES 44&45 � pp ppti --,..•,.. �1■■b_ APN:175-36-032 QP 6' �` \\ x\11■1. ,. b61°50'14" \ O 2 , ,<t\ "R=6a•02 LANDS OF EVERSHINE III \\\ ���■►- ,Q�,44' <43-`' �`'o ' ll``"'' A W \\ L.73.41' TRACT 49 LOT 11 \\ ,\■N1 -- av 4``o cky N. ,,V BOOK 1 OF MAPS AT PAGES 46&47 5 4t • �Q it, N ROBLEDA HEIGHTS \�11�:' )PQJ�` � '> LYi c \ APN:17546 014 \\ 11.11... . ��p y�4 D Z ` # • PROPOSED 10'WIDE PATHWAY EASE ,W,'GI4 LANDS OF SZEKELY O o o EASEMENT \\'i'' s,2fo so) APN:175-36 020 /� \ Rib. Sao b 4 4-• s c # ',e °1 O. ..0o � - N "' 900, •,p 2 ►-a z $/\, 901 vs •\\` ,4SI'E �,'" ,���rhb , S 59°29'45"ErNi N 4 i, �`��������������` \�, N59°29 5 5„W �4p86s„\\`�,i °• LANDS OF EGER 140.91' - - 18 LANDS OF JOHNSON • hti APN:175-46-007 L_____C__.9 APN:175-46-008 O ti, ° LANDS OF RUMORE ` 4, ' �1 4h' APN:175-46-013 I eh • gi, Sr 6 o co hw�Q • 0 63 co ”-AN LANASG ILK ASSOCIATES EXHIBIT B qv�v"� -,r1„ SURVEYORS/ENGINEERSPLAT TO ACCOMPANY DESCRIPTION FOR I No.4,0�0 73 CEDAR LANE A 10 ' WIDE PATHWAY EASEMENT Exp.lP/0 • ir SAN JOSE CA. 95127 IN THE TOWN OF LOS ALTOS HILLS sfq7 Q��P (408) 729-3734 STATE OF CALIFORNIA FOf t✓At1E° DATE: 06-26-06 SCALE: 1" =60' 'Vt. /®0 I 4110, RESOLUTION NO. 8 3--0 6 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Evershine) WHEREAS, Evershine III, L.P., ("Owner"), is the owners of the property commonly known as 13310 La Paloma Road, 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 isnecessary 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 this— 4 day of A1 006. 4110 BY: - 4441 Mayor ATTEST: Karen Jost, ' rk Certified as a ' e copy By City Clerk of r, e Town f Los Altos Hills 8467.39-1