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Home My WebLink About98-23RESOLUTION 98-23 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING A GRANT OF PATHWAY EASEMENT SEGMENT (LANDS OF DECO HOMES LLC) WHEREAS, Deco Homes, LLC ("Owner") owns the property commonly known as 25240 Cantata Way, Los Altos Hills, California (APN 175-39-007); and WHEREAS, the Town has adopted a General Plan and Master Path Plan and, pursuant thereto, may accept grants of pathway easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to grant a pathway easement attached to this Resolution as Attachment A ("Grant of Pathway Easement to the Town of Los Altos Hills") to allow for the installation and maintenance of a future roadside path; and WHEREAS, the Town finds the Grant of Pathway Easement to be consistent with the Town's General Plan Pathways Element and in the best interests of the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Grant of Pathway Easement is essentially unimproved and is wide enough to accommodate an unobstructed pathway which is an asset to the Town and the surrounding area; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does 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. 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 13th day of November, 2023, by the following vote: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None BY:�..— Linda G. Swan, Mayor ATTEST: eborah L. Padovan, City Cleric Resolution 98-23 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 Deco Homes, LLC) THIS GRANT OF EASEMENT is made this W day of �� eT , 2023, by Deco Homes, LLC ("Owners"), the owners of the property located at 25240 Cantata Way, 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. IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: AIAVRIM, Date: W,,1-3 / Deco Homes, LLC (Signature) lee (A� Authorize Agent 14ame Resolution 98-23 Page 2 Date: A/0YPivl %3 ATTEST: Deborah L. Padovan, City Clerk TOWN OF LOS ALTOS HILLS: Resolution 98-23 Linda G. Swan, Mayor 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 Cif a ) On , 2023, before me, M a ,Notary Public, personally appeared VAMMn who proved to me on the basis of satisfactory evidence to be the persons) 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. rM EMINA $TSTA ` Notary Public • California Signature: (Seal) Santa Clara county Commission # 2455904 Comm. Expires Jul 30, 2027 Resolution 98-23 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 November 13, 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. @my DEBORAH L. PADOVAN Notary Public - California Signature: aj&Z2 "�L� (Seal) Santa Clara County Commission k 24551�2027 Comm. Expires Jul 25 Resolution 98-23 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. r Date: November 13, 2023 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 98-23 Page 6 RESOLUTION 98-23 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING A GRANT OF PATHWAY EASEMENT SEGMENT (LANDS OF DECO HOMES LLC) WHEREAS, Deco Homes, LLC ("Owner") owns the property commonly known as 25240 Cantata Way, Los Altos Hills, California (APN 175-39-007); and WHEREAS, the Town has adopted a General Plan and Master Path Plan and, pursuant thereto, may accept grants of pathway easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to grant a pathway easement attached to this Resolution as Attachment A ("Grant of Pathway Easement to the Town of Los Altos Hills") to allow for the installation and maintenance of a future roadside path; and WHEREAS, the Town finds the Grant of Pathway Easement to be consistent with the Town's General Plan Pathways Element and in the best interests of the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Grant of Pathway Easement is essentially unimproved and is wide enough to accommodate an unobstructed pathway which is an asset to the Town and the surrounding area; and NOW, THEREFORE, BE ,IT RESOLVED the City Council of the Town of Los Altos Hills does 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. 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 13th day of November, 2023, by the following vote: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSENT: None ABSTAIN: None BY: Linda G. Swan, Mayor ATTEST: Resolution 98-23 OS A LTO ��yi jos : �OORPOR-0 ® •9RY, 7" Certified as a true copy Page 7 Exhibits A Legal Description of Pathway Easement and Plat Accompanying Legal Description Resolution 98-23 page 8 Date: October 11, 2023 Address: 25240 Cantata Way APN: 175-39-007 Los Altos Hills, CA 94024 LEGAL DESCRIPTION FOR PATHWAY EASEMENT A 10 foot wide Pathway Easement over a portion of land lying within Lot 6 shown upon the "Map of the M. & M. Taafe Subdivision of Lot 4...", filed July 15, 1897 in Volume "I" Maps, Pages 72 and 73, a portion of Lot A as shown upon the "Map of the Subdivision of Hale Ranch" filed January 14, 1897 in Volume "I" Maps, Pages 48 and 49, within "PARCEL ONE" in Deed Doc. No. 24227529 to Deco Homes, LLC, recorded July 17, 2019, Santa Clara County Records, State of California, and being more particularly as follows: BEGINNING at the most westerly corner of "PARCEL ONE" as described in Deed Doc. No. 24227529, at the southeasterly line of a 50 foot wide Driveway for Ingress / Egress Easement ( 2990 OR 412 } depicted upon a Record of Survey filed March 9, 1962 in Volume 143 of Maps at Page 56, and also shown upon a Record of Survey filed July 19, 2022 in Volume 948 of Maps at Page 25, Santa Clara County Records; thence along said southeasterly line and continuing along the southeasterly line of Cantata Way ( being 40 feet wide) North 66®31' 55" East ( shown as South 66'34' 00" West on said 143 Maps 56 ), 121.53 feet and North 63'46' 50" East ( shown as South 63149' 00" West on said 143 Maps 56 ), 350.91 feet to the beginning of a curve; thence continuing along said southeasterly line of Cantata Way, through said curve being concave northwesterly, having a Central Angle of 2'35' 27" ( described as 295' 30" within said Deed Doc. No. 24227529 ), a Radius of 120.00 feet, and an Arc Distance of 5.43 feet to the most northerly corner of said "PARCEL ONE" as shown upon said Record of Survey filed in 948 Maps 25; thence leaving said Cantata Way and along the northeasterly line of said "PARCEL ONE" as shown on said 948 Maps 25, South 27 17' 3 0" East ( described as North 26 * 11' West within Deed Doc, No. 24227529 ), a distance of 10.00 feet to the beginning of a non tangent curve; thence in a southwesterly direction, parallel with and 10.00 feet southeasterly, right angle measure with said southeasterly line of Cantata Way, along said curve being concave northwesterly, a Radial line from the beginning of said curve bearing North 28'49' 38" West, through a Central Angle of 2128' 26", having a Radius of 130.00 feet, and Arc Distance of 5.61 feet; thence continuing along a line that is parallel with and 10.00 feet southeasterly, right angle measure with said southeasterly line of Cantata Way and said southeasterly line of said Driveway for Ingress / Egress Easement, South 63'46' 50" West, 351.15 feet and South 6603 P 55" West, 122.84 feet to the southwest line of said "PARCEL ONE", shown upon said Record of Survey filed in 948 Map 25; thence along said southwest line of "PARCEL ONE", North 17121' 56" West ( described as North 16155' West within Deed Doc. No. 24227529 ), 10.06 feet to the most westerly corner of said "PARCEL ONE", at the southeasterly line of said 50 foot wide Driveway for Ingress / Egress Easement and the POINT OF BEGINNING. Said Easement containing 4,787 square feet of land, more or less. A Plat entitled Exhibit "B" is attached hereto and by this reference, made a part hereof. Jeffrey M. Barnea, L.S. 7044 Date ,� t2/ o� 3%24 Page 1 of 2 EXP -g+ Lim # 7044 Resolution 98-23 \ � _. 0'IRC ! 0 60 120 GRAPHIC SCALE. 1" = 60' eff ey M. lamea, L.S. 7044 Date License expires 12-31-24 LANO PARCEL 1 411 M. oU 12` 143 M AP$ 56 t(�24 "r EXP LIC. # 7044 .� op �A� PAROL 2 180 (A= 2.35' 30") A = 2 °35' 27" R = 920.00' L = 5.43' In I M 8 �g��gps '9AN �qps, �9 ®D• 9' r4,? . °le 60 41,1- q, oil A= 2 °28' 26" `Y&,,,I- R =130.00' %- p) L = 5.69' P.O. B. Point of Beginning. APN Assessor's Parcel Number. LP. • Iron pipe found per 948 Maps 25. Property line per 948 Maps 25. -------- Southeasterly edge of proposed 10' wide Pathway Easement. Property or other right of way lines per 143 Maps 56. -- Radial line (R). ( ) Record information per Deed Doc. No. 24227529. LOCATION MAPLOS c. p ALTOS °o Not to Scales `� %90' Wide Pathway ;'" Easement LOS ALTOS HILLS 4,787 S.F. PROJECT �0- SITE LEGEND "a P.O. B. Point of Beginning. APN Assessor's Parcel Number. LP. • Iron pipe found per 948 Maps 25. Property line per 948 Maps 25. -------- Southeasterly edge of proposed 10' wide Pathway Easement. Property or other right of way lines per 143 Maps 56. -- Radial line (R). ( ) Record information per Deed Doc. No. 24227529. LOCATION MAPLOS c. p ALTOS °o Not to Scales �y a LOS ALTOS HILLS PROJECT �0- SITE FOOTHILL EL COLLEGE SGS MO Nr� RGAD Exhibit "13" Plat to Accompany Legal Description for Pathway Easement Page 2 of 2