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Home My WebLink About10-24RESOLUTION 10-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Westwind LAH LLC) WHEREAS, Westwind LAH LLC, a Delaware limited liability company ("Owner"), owner of the property located at 13177 La Paloma Road, Los Altos Hills,. California; and WHEREAS, the 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. 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 21St day of March 2024 by the following vote: AYES: Mok, Schmidt, Swan, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: None ATTEST: By: Stanley yor Resolution 10-24 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 25656296 Regina Alcomendyyras Santa 0 raCountPC1 Clerk -Recorder ar CONFORMED COPY Copy of document recorded. Has not been compared with original. Property Address: 13177 La Paloma Rd., Los Altos Hills, CA 94022 APN: 175-45-059 GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (]Lands of Westwind LAH LLC) THIS GRANT OF EASEMENT is made this 27h day of February, 2024, by Westwind LAH LLC, a Delaware limited liability company ("Owner"), the owner of the property commonly known as 13177 La Paloma Road, Los Altos Hills, California, 94022 (APN 175-45-059) (more particularly described in Exhibit A) (the "Property") to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Pursuant to a Right of Entry Agreement dated September 25, 2023, the Town has constructed certain pathway improvements including but not limited to a retaining wall - -_ -collectivel ``Irri rovements" - -- y, p ), at the�'roperty. 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 _for -the -purpose-of -public- p edestrian-and bicycle use ("Pathway"), - 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 in Exhibit B and depicted in Exhibit C attached hereto ("Easement"). Section 2. Owner shall not allow the placement or construction of any structures or improvements within the Easement area or in such a way that would result in obstruction of the Pathway or interference with its use. Nothing herein shall be construed to prevent Owner from constructing a fence, wall or other barrier alongside the Easement area, or from installing landscaping elements within the Easement so long as such improvements do not result in obstruction of the Pathway or interference with its use, and subject to compliance with applicable Town approval or permit requirements. Section 3. Owner shall have no responsibility or liability whatsoever for any claim, damage, or injury, which results from Town's construction, placement, maintenance or the public's use of any Improvements within the Easement area. Section 4. Town shall be solely responsible for, including all costs and fees, the construction, maintenance or demolition and removal of any and all Improvements within the Easement area. Town shall be solely responsible for keeping the Easement and any and all improvements therein in the same condition in which the Town is obligated to keep other public facilities and Town pathways. Section 5. Town shall hold harmless, indemnify and defend Owner, its officers, directors, agents, and employees from any and all claims, lawsuits, liabilities, losses and damages of any kind including, but not limited to, contamination, pollution and explosion damages, bodily injury or property damage arising or resulting from the negligence, omission, or willful misconduct of the Town, its officers, employees, agents and representatives in the placement, repair, or removal of any improvements in the Easement area, the maintenance of the Easement area, or activities conducted by the Town within the Easement area. Section 6. Town may not assign any of its rights, obligations or responsibilities under this Grant of Pathway Easement without the prior written consent of Owner. Section 7. The Town hereby accepts the grant of the Easement by Resolution No. ( D -2`Tof the Los Altos Hills City Council adopted on hAQKC}-} 2A , 2024. [Signatures on the next page] IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNER: Date:��— Westwind LAH LLC, a Delaware limited liability company By: Christine R. Wade Its: Manager TOWN OF LO3 A&TQS HILLS: Date: -2-12--] lzo,4 Mayor ATTEST: RV,ALM0 _ iii, i � • � • 1/ !. CALIFORNIA ALL-PURPOSE ACKNOWLEDU ENT 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, of validity of thardocunment. STATE OF CALIFORNIA COUNTY OF JAN �Iafl V0 ) On nJQ�' o��' 2024, before me,84AWN1 , Notary Public, personally ap eared S-7 olQ 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 CATHERINE LOGAN Notary Public •Califoria \ San Francisco County >Commission R 2431461 Comm. Expires Dec 21, 2026 0 Signature: (Seal) DOC #23780961. Page 3 of 3 EXHIBIT "A" Legal Description For APNIParcel ID(s): 17545044,175.45.056,17545.060 and 175.45059 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: ALL OF LOT 1, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 7010, WHICH MAPWAS FILED FOR RECORD IN; THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1981, IN BOOK 484 OF MAPS, PAGE(S) 6,7 AND 8. APN: 176-46-044 PARCEL TWO: ALL OF LOT 2, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 7010, WHICH MAP WAS FILED FOR. RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1.981, IN BOOK 484 OF MAPS, PAGE(S) 6,7 AND 8, APN: 175-45.056 PARCEL THREE: ALL OF LOT 3, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO.7010, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1981, IN BOOK 484 OF MAPS, PAGE(S) 6,7 AND 8. APN: 175-45-060 PARCEL FOUR: ALL OF LOT 4, AS SHOWN ON THAT CERTAIN MAP OF TRACT No. 7010, WHICH MAP WAS FILED FOR RECORD IN THE, OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1981, IN BOOK 484 OF MAPS, PAGE(S) 6,7 AND 8. APN: 175-45-059 Goat Doed SCA0W0129.daa 1 Upd41,d: 05.24.10 Pdnled; 10.17 17 (N 02:47 PRI CA-CT•PWPS-02180.064999.FW PS -2089170.105 ,•. . � .. � � a...-",.... - -.a' .:. . '. iz cis__.?r. a, t ''..:a,ahtf:' • EXHIBIT "A" Legal Description of the 10 Foot Wide Pathway Easement Over 13177 La Paloma Road Los Altos Hills, California All that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, being a 10.00 foot wide stripe of land over a portion of Lot 4, as shown upon that certain map entitled "Lands of Melchor, Tract No. 7010", which was filed for record in Book 484 of Maps, at Pages 6-8, in Santa Clara County Records, and being more fully described as follows: Beginning at the most southerly corner of said Lot 4, as said lot is shown upon said Tract Map; Thence, northeasterly along the southeasterly boundary of said Lot 4, said southeasterly boundary also being the northwesterly Right of Way line of La Paloma Road, as shown upon said Tract Map, North 43°32'20" East, 390.67 feet, to an angle point on the southeasterly boundary of Lot 4, as shown upon said Tract Map No. 7010; Thence, continuing along the easterly boundary of said Lot 4, and leaving the northwesterly Right of Way line of La Paloma Road as shown upon said Tract Map, North 14000'00" East, 20.28 feet, to a point on a line parallel, and 10.00 feet distant, measured at a right angle, with said northwesterly Right of Way line of La Paloma Road; Thence, leaving said easterly boundary of said Lot 4, and southwesterly along said parallel line, South 43032'20" West, 406.48 feet, to a point on the westerly boundary of said Lot 4 as shown upon said Tract Map; Thence, along the westerly boundary of said Lot 4, South 36004'28" East, 10.17 feet, to the POINT OF BEGINNING. Containing an area of 3,985 square feet, (0.09 Acres), more or less. End of Description. Attached to this legal description is a plat showing this easement, which is made a part hereof. Sheet 1 of 2 Sheets SCALE. 1 "=60' r ti6,s � a�s\V(3 z 9S. 0 /o ° j �x l Q(SI) / 0 LASEMENT FOR LOT J'(0 (484 M 6) '6i 35 0 � N col a� oo. moo• POINT OF BEGINNING F 0 tl00• X00' �9 L k ND '41 4F N0.12-318 E 24 OF I r''rAiM PROPERTY LINE — CENTERLINE EX. EASEMENT LINE ��17Z- 1PROPOSED EASEMENT P.U.E. PUBLIC UTILITY EASEMENT Giuliani & Hull -San Jose Inc. SCALE: f=60' DATE: 12/13/23 DRAWN: E.T. 4880 Stevens Creek Blvd. Suite 100 CHECKED: M.H. San Jose, California 95129 JOB NO.: 23111 (408) 615-4000 SHEETS: 2 OF 2 F,\2023\23111\dwg\23111ptat,dwg EXHIBIT 'A' PLAT TO ACCOMPANY LEGAL DESCRIPTION 10' PATHWAY EASEMENT OVER LOT 4 -TRACT NO. 7010 13177 LA PALOMA ROAD LOS ALTOS HILLS, CALIFORNIA Exhibit C n Plat Accompanying Legal Description 0,- SCALE. ?SCALE. 1 "=60' o tx 5°° �Q� �0 • � c° o / Q o / y / h / I / 0 �lb o� LAND OPQ P.U.E. &PRIVATE UTILITY 41 ~ N x EASEMENT & A70 CCESS EXP. 12- (484 ME 6T FOR LOT 3'00 �p�h �F' > OF CAL1��4 LEGEND - PROPERTY LINE \ 6�N / _ fit--- CENTERLINE moo, EX. EASEMENT LINE ,, f •�1 �� PROPOSED EASEMENT �° POINT OF BEGINNING P.U.E. PUBLIC UTILITY EASEMENT o.F / EXHIBIT 'A' Giuliani & Hull-San Jose Inc. SCALE: 1"=60' PLAT TO ACCOMPANY DATE: 12/13/23 LEGAL DESCRIPTION DRAWN: E.T. 10' PATHWAY EASEMENT 4880 Stevens Creek Blvd. Suite 100 CHECKED: M.H. OVER LOT 4-TRACT NO. 7010 San Jose, California 95129 JOB NO.: 23111 13177 LA PALOMA ROAD (408) 615-4000 SHEETS: 2 OF 2 LOS ALTOS HILLS, CALIFORNIA F,\2023\23111\dwg\23111p1ntAwg