HomeMy WebLinkAbout42-05 • •
RESOLUTION NO. 42-05
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF STORM DRAIN EASEMENT
(Lands of Andrews)
WHEREAS, the Andrews/Rumi Trust, Eric J. Andrews and Angela Rumi, Trustees,
("Owners") own the property commonly known as 26030 New Bridge Drive, Los Altos Hills,
California; and
WHEREAS, Section 10-2.504 of the Los Altos Hills Municipal Code authorizes the
Planning Director or Planning Commission, upon recommendation of the City Engineer, to
require dedication of an easement sufficient to accommodate natural or installed drainage
systems; and
WHEREAS, Grantor has offered to dedicate to the Town a storm drain easement
("Easement") over a portion of her property; and
WHEREAS, the City Council has determined that acceptance of the Easement satisfies
the requirements of the Code, is in the best interests of the Town, and serves an important public
purpose;
NOW, THEREFORE,the City Council of the Town of Los Altos Hills does
RESOLVE as follows:
The Town hereby accepts on behalf of the public the storm drain easement described and
depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to
execute the Grant of Storm Drain Easement on behalf of the Town.Ay PASSED AND ADOPTED this of Ray , 2005
BY:
Mayor
A :ST.
City Clerk Er
#671572v1
• •
Attachment A
Grant of Storm Drain Easement
#671572v1
., •1 Attachment A to Resolution 42-05
DOCUMENT: 18503213 PagesII1 11 1111111 11 1111111 : 9
This Document Is Recorded Fees. . . . No Fees
For the Benefit of the Taxes. . .
Town of Los Altos Hills
And is Exempt from Fee Mi PA. .
I
A
Per Government Code AMT PAID
Sections 6103 and 27383 BRENDA DAVIS RDE # 005
SANTA CLARA COUNTY RECORDER8/01/2005
When Recorded,Mail to: Recorded at the request of
City 2 11 PM
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
GRANT OF STORM DRAIN EASEMENT
WHEREAS, the Andrews/Rumi Trust ("Grantor"), Eric J. Andrews and Angela
Rumi, Trustees, is the record owner of that certain real property located at 26030 New
Bridge Drive,Los Altos Hills, California;
'
WHEREAS, Grantor wishes to dedicate'to Town of Los Altos,;Hills, a municipal
corporation ("Town"), an easement over that certain real property in the Town of Los •
Altos Hills, County of Santa Clara as shown on-Exhibit A hereto ("Easement") for water
management and storm water drainage purposes;
WHEREAS, the undersigned have determined that it is in,their mutual and
respective interests for the Grantor to grant and for Town to accept the Easement; and
WHEREAS, the Town finds the Easement to be in the best interests of the Town.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions set forth herein and the substantial public benefits to be derived therefrom, do
hereby agree as follows:
•
1. Grantor does hereby grant, convey and dedicate the Easement to the Town
for water management and/or storm water drainage purposes;in, upon, over, and across
that certain real property in the Town of Los Altos Hills, County of Santa Clara as shown
on Exhibit A hereto.
2. The Town agrees that the uses granted herein shall be limited exclusively
to storm drain purposes and those uses incidental to constructing, maintaining, inspecting,
repairing, and operating said storm drain. The Easement includes the right to trim or
remove such trees or brush within the Easement area as may constitute a hazard to
persons or property or may interfere with the use of the said area for the purposes
granted. It also includes the right to enter upon said land with vehicles, tools,
746429.1
implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for
the construction, maintenance, and repair of said channel, protection works, and
appurtenant structures by the Town, its officers, agents, and employees and by persons
under contract with it and their employees whenever and wherever necessary for flood
control or storm drainage purposes.
3. Grantor shall keep the Easement clear of any type of building, fences,
structure,pavement, or trees, unless prior written approval is obtained from Town.
4. The Town agrees that Grantor shall have the nonexclusive right to use the
l�'
Easement and grant non-exclusive easements over, along, or upon the Easement,
provided however, that any such easements granted by Grantor shall be subject and
subordinate to this Easement, and provided further that Town shall have first consented in
writing to the terms, nature, and location of any such other non-exclusive easements.
5. Grantor reserves the right to use the Easement in any manner that will not
prevent or interfere with the exercise by Town of the rights granted under this Grant of
Storm Drain Easement.
6. All rights, title and privileges being granted to Town by this Grant of
Storm Drain Easement, including all benefits and burdens relating thereto, shall run with
the land and shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, successors, assigns, and legal representatives.
7. Any damage to buildings, structures and landscaping caused by Town, its
employees, contractors or subcontractors during the course of using the Easement shall
be repaired or compensated by the Town or its employees, contractors or subcontractors.
"Damage" as used in this paragraph shall not include damage from dust and dirt that is
normally associated with construction activities.
8. Nothing in this Easement will be deemed to grant the public a right of
entry upon the Easement property.
9. This Easement shall be effective on the date of recordation of this Grant of
Storm Drain Easement.
10. Nothing contained herein is intended to result in a forfeiture or reversion
of Grantor's fee title.
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f. (•
IN WITNESS WHEREOF, the parties hereto do hereby execute this Grant of
Storm Drain Easement.
THE ANDREWS/RUMI TRUST,
dated July 26, 2001
Date: , 2005
Eric J. Brews, Trustee
Date: d5 , 2005 .
•ge : Ru Trustee
TOWN OF LOS ALTOS HILLS:
Date: � , 2005
Mayor
ATTEST:
City Cler
746429.1
• '•
STATE OF CALIFORNIA )
) ss:
COUNTY OF 5cv, Male) )
ZCb
On M6 S �' ,2902, before me, the undersigned Notary Public, personally appeared
e it 3-andre,6 cost 94Delu , 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.
*'
uSTEVEN PAUL MORTIBOYS�
:,, . �
NOTARY PUBLIC-CALIFORNIA O
Signature 2 84'4>I SAN MATEO COUNTY 0
_jr •.S.\ COMM.EXP.FEB.26,2009&
746429.1
Exhibit A
Legal Description of Storm Drain Easement Property
and Plat Accompanying Description
•
746429.1
•
•
I�
I� -Q
0 25 50 100
APN: 175-24-005
LANDS OF SCHMIDT
SCALE 1" - 50'
APN: 175-24-028
LANDS OF ANDREWS
LOT 5
TRACT 2979
140 M 11 I
APN: 175-24-027
LANDS OF TANAKA
LOT 6
APN: 175-24-004
LANDS OF ATKINS
N75 58'41"W
S37 31'00"E 1 32.61'
82.10' 1
S14 25'25"W (R)
5.00'
OPEN SPACE
EASEMENT
S22'12'17"E 3,290 SQ FT± '
17.65' L=21.68'
S02 50'00"W I R=30.00'
15.69' D 4124'35"
S555.'00''W (R)
58770'00"E 30.00' 4�'�R GY F LF.
P.O.B. 600 641 9 i0
2272117"W L=39.69' � � �
A.14/ 23
APN: .175-2.4-029 I / )2.27' R=280.00' 'k lep.12-31-0 /�
LANDS OF BERRY I /N00" 0=8'07'15" `' -
58770'00"E J 2.36' .
81.93' /
NEW BRIDGE
DRIVE (40')
/LEA & SUNG ENGINEERING, INC. EXHIBIT "B"
CIVIL ENGINEERS • LAND SURVEYORS OPEN SPACE EASEMENT DEDICATION
2495 INDUSTRIAL PARKWAY WEST 26030 NEW BRIDGE DRIVE
HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS, CA
(510) 887-4086
FAX (510) 887-3019 JOB:2040820 SCALE: 1"=50'
'46 .
2040820
Legal Description—Storm Drain Easement
An easement for storm drain purposes situate in the TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Lot 5
as shown on that certain Tract Map entitled"Tract No. 2979"recorded November 8,
1961, at Book 140, Page 11, Santa Clara County Records, said easement being more
particularly described as follows:
Beginning at a point on the Northerly line of said Lot, said point being distant South 87°
10' 00"East, 81.93 feet from the Westerly corner of Lot 5 as shown on said map, thence
continuing along said Northerly line South 87° 10' 00" East, 30.00 feet; thence leaving
said Northerly line the following three courses:
South 02° 50' 00"West, 15.69 feet;
South 22° 12' 17" East, 17.65 feet, and
South 37° 31' 00"East, 82.10 feet to a point on the Southerly line of said Lot 5, said line
being common to Lot 5 and Lot 6 on said map; thence along said common line North 75°
58' 41"West, 32.61 feet and South 14° 25' 25"West, 5.00 feet, thence concentric with
and distant 10.00 feet radially from the Westerly property line of Lot 5, said line being
the Easterly line of New Bridge Drive as shown on said map, from a tangent bearing
North 75° 34' 35"West along the arc of a curve to the right with a radius of 30.00 feet,
through a central angle of 41° 24' 35", an arc distance of 21.68 feet to a point of reverse
curvature; thence from a tangent bearing North 34° 10' 00"West along the curve to the
left with a radius of 280.00 feet, through a central angle of 8° 07' 15", and arc distance of
39.69 feet; thence leaving said concentric line the following two courses:
North 22° 12' 17"West, 32.27 feet and;
North 02° 50' 00"East, 22.36 feet to the point of Beginning.
Area=3,290 square feet, more or less.
0 LANA
lk sriAltik\
o
KNo. 762 s �; 7
0 Exp.12-31—
Exhibit "A"
0,
RESOLUTION NO. 4 2—0 5
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF STORM DRAIN EASEMENT
(Lands of Andrews)
WHEREAS, the Andrews/Rumi Trust, Eric J. Andrews and Angela Rumi, Trustees,
("Owners") own the property commonly known as 26030 New Bridge Drive, Los Altos Hills,
California; and
WHEREAS, Section 10-2.504 of the Los Altos Hills Municipal Code authorizes the
Planning Director or Planning Commission,upon recommendation of the City Engineer, to
require dedication of an easement sufficient to accommodate natural or installed drainage
systems; and
WHEREAS, Grantor has offered to dedicate to the Town a storm drain easement
("Easement") over a portion of her property; and
WHEREAS, the City Council has determined that acceptance of the Easement satisfies
the requirements of the Code, is in the best interests of the Town, and serves an important public
purpose;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does
RESOLVE as follows:
The Town hereby accepts on behalf of the public the storm drain easement described and
depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to
execute the Grant of Storm Drain Easement on behalf of the Town.
PASSED AND ADOPTED this *lay of kly , 2005
BY:
Mayor
A :ST.
City Clerk ir Certified as a true opy
By ,
C Clerk of the Town of os Altos Hills
#671572v1
n 0
I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do
herby certify that the foregoing is true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 1St day of August, 2005
Karen J•st, Ci' Clerk