HomeMy WebLinkAbout82-05 RESOLUTION NO. 82-05
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT
(Lands of Blech)
WHEREAS, Ilan A. Blech, Trustee, and Dahlia H. Blech, Trustee of the Blech Family
Trust ("Grantors") own the property commonly known as 25551 Burke Lane, Los Altos Hills,
California; and
WHEREAS, Grantors have offered to grant to the Town an easement over a portion of
their property for the constructing, maintaining, inspecting, repairing, and operating of a sanitary
sewer ("Sanitary Sewer Easement"); and
WHEREAS, the City Council has determined that acceptance of the Sanitary Sewer
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:
Section 1. The Town hereby accepts on behalf of the public, and for the purposes
therein described,the Grant of Sanitary Sewer 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 Sanitary Sewer Easement.
PASSED AND ADOPTED this/51day of , ' 409,04 00P
BY:
Mayor
ATTEST.
City Clerk dir
763098v1
• - (` -Attachment Ato Resolution 82-05
DOCUMENT: 18620 Pages: 8
Fees. . . . * No Fees
III 11 11 0 II 111 I 11 Taxes. . .
This Document Is Recorded AMT'PA[D
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee BRENDA DAV I S RDE # 001
Per Government Code SANTA CLARA COUNTY RECORDER 2/17/2006
Sections 6103 and 27383 Recorded at the request of 8:40 AM
City
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road � c.. uv cut- fL l 8-e-/off.G a.0
Los Altos Hills, CA 94022
Attention: City Clerk
GRANT OF SANITARY SEWER EASEMENT -
WHEREAS, Ilan A. Blech, Trustee, and Dahlia H. Blech, Trustee of the Blech
Family Trust ("Grantor"), are the record owners of that certain real property located at
25551 Burke Lane,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
sanitary sewer 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 thebest 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 sanitary sewer 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 sanitary sewer purposes and those uses incidental to constructing, installing, using,
maintaining, inspecting, repairing, replacing, relocating, altering and operating equipment
and facilities, including their appurtenances and accessories, for the collection,
transmission, treatment, and disposition of wastewater together with rights .of ingress,
egress and access in, on, above, under and to the Easement and equipment, facilities,
appurtenances and accessories located therein by the Town, its officers, agents, and
699789-1
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employees, and persons under contract with the Town and their employees, whenever
by
and wherever necessary for such purposes. 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.
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
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
Sanitary Sewer Easement.
6. All rights, title and privileges being granted to Town by this Grant of
Sanitary Sewer 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 other than for the purposes provided for in this
Agreement.
9. This Easement shall be effective on the date of recordation of this Grant of
Sanitary Sewer Easement.
10. Nothing contained herein is intended to result in a forfeiture or reversion
of Grantor's fee title.
IN WITNESS WHEREOF, the parties hereto do hereby execute this Grant of
Sanitary Sewer Easement.
699789-1
410) �)
GRANTOR:
Date: 6 /2_s , 2004 /
Ilan A. Blech,
444;)
Trustee of the Blech Family Trust
Afj
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Dahlia H.Blech,
v Trustee of the Blech Family Trust
TOWN OF LOS ALTOS HILLS:
Date: Z1/4-11 , 2004
C
MayorG4v0
ATTEST:
City C alp
699789-1
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Exhibit A
Legal Description of Sanitary Sewer Easement Property
and Plat Accompanying Description
699789-1
•
- •
May 11, 2004
BKF No. 20036052-10
Page 1 of 1
EN
GINEERSr.SEIRYEYoRSt'PLANNERS
Exhibit"A"
Legal Description
PUBLIC SANITARY SEWER EASEMENT
Across a Portion of the Lands of Blech
Los Altos Hills,Santa Clara County, California
All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
Being a strip of land, across a portion of:
Parcel One of the lands described in the Grant Deed, conveyed from Bruce Erwin Hartman,
Trustee of the Bruce and Viola Hartman Trust to Ilan A. Blech, Trustee and Dahlia H. Blech,
Trustee of the Blech Family Trust, recorded March 6, 2003 under Recorder's Document No.
16866156,Records of said County, more particularly described as follows:
Beginning at the most southerly corner of said Lands of Blech (Doc. No. 168661546); Thence
leaving said corner and along the southerly line of said Lands of Blech, North 77°48'00" West,
99.93 feet; Thence leaving said southwesterly line, across said Lands of Blech,North 11°43'20"
East, 10.69 feet; Thence South 78°16'40" East, 103.93 feet to the southeasterly line of said
Lands of Blech; Thence along said southeasterly line, South 30°52'00" West, 12.20 feet to the
Point of Beginning.
Containing an area of 1,133 square feet,more or less.
As shown on Exhibit"B" attached hereto and make a part hereof.
For: BKF Engineers
AMP pSLS142 ^�..
By: %`� td:
Davis Thresh,PLS No. 68,68 ( DAVIS THRESH
License expires 09-30-2004 iItt EXP.9/30/04
Iota 6868
Dated: s • �` -
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LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA EXHIBIT pB”
K:\ENGO3\036052\DWG\EASEMENT\FBease2.dwg PLAT TO ACCOMPANY LEGAL DESCRIPTION
4a • Subject SANITARY SEWER EASEMENT PLAT
al BKF ENGINEERSBURKE LANE,• LOS ALTOS HILLS
981 RIDDER PARK DR., SUITE 100 Job No. 20036052
Iia _ -'
SAN JOSE, CALIFORNIA 95131-2305 By MWB Date 5-11-04 Chkd. JVK
;1 SHEET 1 OF 1
40,
RESOLUTION NO. 8 2—0 5
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT
(Lands of Blech)
WHEREAS, Ilan A. Blech, Trustee, and Dahlia H. Blech, Trustee of the Blech Family
Trust ("Grantors") own the property commonly known as 25551 Burke Lane, Los Altos Hills,
California; and
WHEREAS, Grantors have offered to grant to the Town an easement over a portion of
their property for the constructing, maintaining, inspecting,repairing, and operating of a sanitary
sewer ("Sanitary Sewer Easement"); and
WHEREAS,the City Council has determined that acceptance of the Sanitary Sewer
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:
Section 1. The Town hereby accepts on behalf of the public, and for the purposes
therein described,the Grant of Sanitary Sewer 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 Sanitary Sewer Easement.
PASSED AND ADOPTED this /51day of( 0®7
/y4
BY:
Mayor
ATTEST.
City Clerk -
C [tined as a true copy.
By City Clerk of the Town of Los Itos Hills
763098v1