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Home My WebLink About83-05 RESOLUTION NO. 8 3—0 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT (Lands of Kash) WHEREAS, Richard B. Kash and Judy L. Kash, ("Grantors") own the property commonly known as 25500 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/ day f , 2005 BY: Mayor I ATTE T. City Clerk 411, 763098v1 • 401 Attachment A to Resolution 83-05 DOCUMENT: 188' 2619 Pages: 9 II III II II 1111 III Fees. . . . * No Fees Taxes. . . Copies. . This Document Is Recorded AMT PAI D For the Benefit of the Town of Los Altos Hills BRENDA DAVIS RDE # 001 And is Exempt from Fee SANTA CLARA COUNTY RECORDER 2/17/2006 Per Government Code 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 Los Altos Hills,CA 94022 Attention: City Clerk GRANT OF SANITARY SEWER EASEMENT r, WHEREAS, Richard B. Kash and Judy L. Kash, husband-and-.wife--as-joint---,-- tenants . tenants ("Grantor"), are the record owners of that certain real property located at 25500 = r. Burke Lane-Los Altos Hills, California; WHEREAS, Grantor wishes to dedicate to Town of Los Altos Hills, a municipal corporation's{"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 sanitarysewer.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 fmds 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, y�agree ee as follows: . :.: . ....._.... .. 1. Grantor does hereby grant, convey and dedicate the Easement to the Town. for sanitarysewer 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 sanitarysewer 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 699791-1 �! . employees, and by persons under contract with the Town and their employees, whenever 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. 699791-1 . Exhibit A Legal Description of Sanitary Sewer Easement Property and Plat Accompanying Description 699791-1 s GRANTOR: Date: �� _ , 2001dr 111F dB.Kash , J,• . K TOWN OF LOS ALTOS HILLS: Date: 9.-/- gept ,2004 Mayo, x ATTEST: City C1- 1, 699791-1 STATE OF CALIFORNIA ) )ss: COUNTY OF San-fa c(erA On 7 f�r- , 200' before me,the undersigned Notary Public, personally appeared ('CG(ard g. task 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. Commission#1492982 / - ` Notary PubsHERtlic-CauN lifornia -tt "i , Santa Clara County Signature \� �.rMy Comm.Expires Jun 1,2008 STATE OF CALIFORNIA ). ,:... . . COUNTY OF gat'fa'/G On 7/24/2oo S',9 l e. he undersign&Nntat Prthlie,personally appeared Q/ L. aS y-known to me or proved to sa4he basis of satisfactory evidence to be the Nrst NO name is subscrib to -Within instrument and acknowledged to me fhAt y exec>i}ed the same in theirauthorized'-capacity, and that the signature on the instrument the person, or the entity upon Fefia1T of which the person acted,executed the instpum WITNESS my hand and official seal.. SHERI LIN _ psis+ Commission#1492982 i ti Notary Public-California Signature k 4J Santa Clara County , My Comm.Expires Jun 1.2008 699791-1 . May 25, 2004 BKF No. 20036052-10 Page 1 of 2 alGINEENSAVAVEVORSIPIANNUE Exhibit"A" Legal Description PUBLIC SANITARY SEWER EASEMENT Across a Portion of the Lands of Kash 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: Parcels One, Three, and Five of the lands described in the Partnership Grant Deed, conveyed from F&H Limited, a California general partnership to Richard B. Kash and Judy L. Kash, husband and wife as joint tenants, recorded May 9, 1995 under Recorder's Document No. 12882729,Records of Santa Clara County,more particularly described as follows: Beginning at the most easterly corner of said Parcel One (Doc. No. 12882729), said point being also a point on the northwesterly line of Burke Road; Thence leaving said corner and along the northerly line of said Parcel One, North 77°48'00" West, 201.05 feet to the northwest corner of said Parcel One, said point being also the northeast corner of Parcel Three; Thence along said northerly line of said Parcel Three, North 77°48'00" West, 40.00 feet, to the northwest corner of said Parcel Three, said point also being the northeast corner of said Parcel Five; Thence along said northerly line of said Parcel Five,North 77°48'00"West, 58.37 feet; Thence leaving said northerly line, across said Parcel Five,South 11°43'20"West, 9.31 feet; Thence South 78°16'40" East, 58.29 feet, to a point on the easterly line of said Parcel Five, said point also being a point on said Parcel Three; Thence South 78°16'40"East,40.01 feet, to a point on the easterly line of said Parcel Three, said point also being a point on the westerly line of said Parcel One; Thence South 78°16'40"East, 198.75 feet,to a point on the southeasterly line of said Parcel One; Thence along said southeasterly line,North 30°52'00"East,7.21 feet to the Point of Beginning. 110 11, 1 Page 2 of 2 Containing an area of 2,405 square feet,more or less. As shown on Exhibit"B"attached hereto and make a part hereof. For:BKF Engineers B �� Davis Thresh,PLS No. 6868 gip. S`,. License expires 09-30-2004 711/4° :-4.\\ I DAVIS THDated: f" fi S ' Zct7¢ �. ERP.9/3 � �� F�� oFCAtA : K1ENG03\036Q521wp1easemeutlSSE-Kash doc 1. . / �.,...� t s ,, LANDS OF LD p / HAMERSLOUGH �.. -, DRi vE ,.„ =;Y ` ._. DOC. NO. C LANDS OF %" w .............r..� / 16884395 / KRAKAUER 1` 0 " DOC / / K750 O.R. 468. NO. / ` ._...,...:„�._„ -- / 9906980 /PARCEL NO. 2 ` s �`� ••. . / K365 O.R. 497 f • '� " ; DOC. NO. . f PARCEL NO. 1 / �0 o til / 13409699 r K365 O.R. 497 LANDS OF • / r DOC. N0. �Q MARTIN13409699 ,{DOC. NO. ,f %13051157 BLECH •' PARCEL ONE • DOC. NO. , 7 =. M 16866156 Q /'r/ .: • NARASIMHAN t ,t, DOC. NO. ' / l -w,__'• S1 i'43'20"W Al 14712515 ! 1 Gc `/ s • 9.31' S8 3�URr\L I A SANITARY SEWER K-i•Ij' LOT 1 t L c . / TRACT N0. 6963 • LANDS OF ` 4p•Op' _ ` EASEMENT ryJ , 520 M 16-17 McDERMOTT ' . _ p 201.05, 2,405 SQ. FT f `./ ;• DOG NO. 1� PARCEL FIVE KASH 29' 01 f N77�•p0»W :s/ 16674720 f N844 O.R. 1510 S7816'4p» `•� DOC. NO. KASH 1g8 75, E • , 12882729 f PARCEL ONE r': POINT OF ;t i N844 O.R. 1510 „••/ BEGINNING ( DOC. NO. ' 12882729 ;//''"N30'52'00"E • // KASH i s I 7.21' I .1 .. PARCEL SIX KASH ,,.,' / N844 O.R. 1510 i PARCEL THREE DOC. NO. / N844 O.R. 1510 ' y � ; 12882729 DOC. NO. ‘ .j `",, �ir� ' LANDS OF t - w. 1-. y 12882729 r 4110P0•A.N MCCAIN / `-7-Z: ' 4+ DOC. Na "" _ , I s I. • a ` 8983877 i _ /:•/ 1•I 9/30/ I f P ' LANDS OF ' / / luu KASH /";' 'J9.. Pla � /,, !` DOC. NO. / ;',`i LOT 3 T�c0. CA1-� W 15213435 ^ r/` TRACT NO. 6963 �•-- •--_,�� / 520 M 16-17 � rV ....„ /GRAPHIC SCALE �� ti f r i `• " ' ' 10Q/ . 0 / 100 20O / J �\ \1. ` • LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA: w K:\E 4G03\036052\DWG\EASEMENT\FBease2.dwg EXHIBIT t4 PLAT TO ACCOMPANY LEGAL DESCRIPTI Subject SANITARY SEWER EASEMENT PLAT g k F. BKF ENGINEERS BURKE LANE. LOS ALTOS HILLS t• \ 981 RIDDER PARK DR., SUITE 100 Job No. 20036052 • SAN JOSE, CALIFORNIA 95131-2305 By MWS Date 5-25-04 Chkd. JVK SHEET .1 OF 1 RESOLUTION NO. 8 3-0 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS . ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT (Lands of Kash) WHEREAS, Richard B. Kash and Judy L. Kash, ("Grantors") own the property commonly known as 25500 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/ day f , 2005 BY: Mayor ATTE T• City Clerk 411/ ertifieed�as a true c�py � By City Clerk of the 'own of is Altos Hills 763098v1