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Home My WebLink About92-23RESOLUTION 92-23 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PATHWAY EASEMENT FROM LANDS OF NEVENS AT 24142 SUMMERHILL AVENUE WHEREAS, T. Michael Nevens and Yvonne M. Nevens, Trustees of the Nevens Family 1997 Trust are the owners of the property located at 24142 Summerhill Avenue, 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, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that; Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to the staff report of this Resolution as Attachment 2. 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 the 19th day of October 2023 by the following vote: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: None ATTEST: (�,)Wuoa— eborah L. Padovan, City Clerk r By. Linda G. Swan, Mayor Resolution 92-23 Page 1 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 Nevens) THIS GRANT OF EASEMENT is made this Z 5 day of U tvk 2023, by Nevens, T. Michael and Yvonne M. Trustee ("Owners"), the owners of the property located at 24142 Summerhill Avenue, 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 92-23 Page 2 IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNER: T.M. and Yvonne Nevens Trustee Date: 2s'(23 / '-(2�a T.Michael Nevens Date: Date: "112-512-3 Yvonne M. Nevens TOWN OF LOS ALTOS HILLS: 9ebmaf i�tr; eArC erk Em i n U 3�-2+A, NCII nl Ci'� Linda Swan, Mayor C IM - Resolution 92-23 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 V ) COUNTY OF SV1 Oi N\1� ) On ftMNW�b , 2023, before me, � 0�� , Notary Public, personally appeared ANY O(ACkS M\Ch CkQ,\ tAZNts M%CIN\. kP o 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�slre/they executed the same in lir/their authorized capacity(ies), and that by hi0mr/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 and official seal. Signature; *my EMINA STETA Notary Public • CaliforniaSanta Clara County Commission ff 2455404 Comm. Expires Jul 30, 2027 Resolution 92-23 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 October 20, 2023, before me, Deborah L. Padovan, Notary Public, personally appeared Linda G. Swan, 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 and official seal. Signature: (Seal) .IM. a1 ,?F ry DEBORAH L. PADOVAN Notary Public - California x Santa Clara County g r ° Commission H 2455162 aow My Comm. Expires JUi 251 2027 Resolution 92-23 Page 5 RESOLUTION 92-23 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PATHWAY EASEMENT FROM LANDS OF NEVENS AT 24142 SUMMERHILL AVENUE WHEREAS, T. Michael Nevens and Yvonne M. Nevens, Trustees of the Nevens Family 1997 Trust are the owners of the property located at 24142 Summerhill Avenue, 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, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that; Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to the staff report of this Resolution as Attachment 2. 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 the 19th day of October 2023 by the following vote: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: None ATTEST: eborah L. Padovan, City Clerk Linda G. Swan, Mayor Certified as a°true copy By City Clerk of the Towrra !os Altos Hills Resolution 92-23 - - --- -- Page 6 Resolution 92-23 Page 1 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: October 20, 2023 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 92-23 Page 7 EXHIBIT "A" LEGAL DESCRIPTION FOR PATIO EASEMENT SANTA CLARA COUNTY, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 564 OF MAPS AT PAGE 31, SANTA CLARA COUNTY RECORDS, BEING A STRIP OF LAND 5.00 FEET WIDE, LYING 2.50 FEET ON EACH SIDE OF THE CENTFRLTNE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT T14E CENTERLINE INTERSECTION OF SUMMERHILL AVENUE (5.5.00 FEET WIDE), AS SHOWN ON SAID MAP, WITH YOUNG COURT (52.00 FEET WIDE), AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 303 OF MAPS AT PAGE 42, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SAID SUMMERHILL AVENUE (303 MAPS 42), SOUTH 50°30'01" EAST, A DISTANCE OF 112.98 FEET; THENCE SOUTH 43°15'01" EAST, A DISTANCE OF 1.04 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL B; THENCE LEAVING SAID CENTERLINE AND ALONG SAID PROLONGATION LINE, SOUTH 45029'54" WEST, A DISTANCE OF 25.01 FEET TO THE EASTERLY CORNER OF SAID PARCEL B; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL B, SOUTH 45029'54° WEST, A DISTANCE OF 7..54 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED HEREIN; THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 7.50 FEET, MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID PARCEL B, NORTH 50°30'01" WEST, A DISTANCE OF 1.65.46 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL B, AND THE POINT OF TERMINATION. THE SIDELINES OF SAID 5.00 FEET STRIP SHALL BE LENGTHENED OR SHORTENED TO ORIGINATE ON THE SOUTHEASTERLY LINE OF SAID PARCEL B AND TO TERMINATE ON THE NORTHWESTERLY LINE OF SAID PARCEL B. SEE EXHIBIT "B" TO ACCOMPANY THE DESCRIPTION, ATTACHED HERETO AND MADE A PART HEREOF, END OF DESCRIPTION AREA: 827 SQ FT THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION: AND eT. M."�,..••'••^••,, AG DATE 1crENSEDALYAND SURV RNo. 8570 .�'�. ��09,f'•,� (EXP. 03/31!2025) STATE OF CALIFORNIA •d ~ ``°•° No,8570 .• e Resolution 92-23 Page 8 EXHIBIT "B" � � r STURMAN—CHU TRUST /� r PM 303M42 PARCEL 2 i /� \� l..' a N0,857. k� 0r CALL ao �tisk NEVENS TRUST \< A�, DEED DATE �,� ,�,�, ��j1 0 24142 SUMMERHILL AVE IV�ti� q�,, a', /dd,`� , PM 564M31 PARCEL 8 APN 336-17-041 NfIrR SCALE ' = O SHEET1OF1 DESCRIPTION AREA yy oo DESCRIPTION CENTERLINE AFFECTED PROPERTY TOWILL11,"Aa S $ar"vvl a "I CENTERLINE 2340 Clayton Concord,CA 94520-2176 Suite 1200ADJACENT PROPERTY (925) 682-6976 - www.towill.com Resolution 92-23 Page 9