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Home My WebLink About31-98 • �r` • • • 11/ RESOLUTION NO. 31-98 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF STORM WATER EASEMENT ON LANDS OF VIDOVICH WHEREAS, John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich, and Michael A. Vidovich, ("Vidovich") have offered to dedicate an easement to the Town on the Lands of Vidovich; and WHEREAS, the City Council of the Town has read and considered that Grant of Storm Water Easement . NOW, THEREFORE, the City Council of the Town does RESOLVE as follows : 1. The City Council of the Town of Los Altos Hills hereby accepts the Grant of Storm Water Easement on behalf of the public. 2 . The Town of Los Altos Hills shall enter into and the Mayor is hereby authorized and directed to execute the Grant of Storm Water Easement . PASSED AND ADOPTED this20th day of May , 1998 . By: & Mayor ATTEST: City Clerk 3\lah\res\vido-ae.wpd • DOCUMENT: 02219 Titles: 1 / Pages: 5 Fees. . . .* No Fees Taxes. . . THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE TOWN OF LOS xi0914227959 Copies. . AMT PAID ALTOS HILLS AND IS EXEMPT FROM FEE PER GOVERNMENT CODE BRENDA DAVIS RDE 44 008 SECTIONS 6103 AND 27383 SANTA CLARA COUNTY RECORDER 6/10/1998 Recorded at the request of 3: 10 PM Chicago Title REQUESTED BY AND WHEN AND RECORDED MAIL TO: TOWN OF LOS ALTOS HILLS 26379 FREMONT RD LOS ALTOS HILLS CA 94022 ATTN: CITY CLERK APN 336-26-01, 07, 08, 1.0,. 11,. 15, 16, 17 336-41-25 GRANT OF STORM WATER EASEMENT John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich, and Michael A. Vidovich ("Grantors") , owners of that certain real property ("Property") situated in the Town of Los Altos Hills, County of Santa Clara,. State of California described as follows: Lots 1 through 22, inclusive, and Parcels A and B, as shown on the Map ("Final Map"). entitled "Tract No. 8872 - Quarry Hills," filed for record ju.ne_ 104-r; 1998, in Book -719.3 of Maps, Page,2 Santa Clara County Records, do hereby grant to the Town of Los Altos Hills,- a general .law city of the State. of California, ("Grantee"),, a non-exclusivestorm water easement_ ("Easement") in perpetuity in order to authorize and allow public storm- waters to- discharge on, over, a-long,- into, and across all the areas on- the- Property shown on the Final Map- for the Property- as Private Storm- Drain- Easements ("P,S-.D.E. ")- and- Parcel A, on the following terms and conditions: 1. Grantors shall be completely responsible for the maintenance and repair of the Easement, and Grantee shall have no obligations, monetary or otherwise, regarding the Easement. 2 . Grantors Waive all claims present or future regarding water drainage on the Easement from public property and public storm drains and affirmatively accept all responsibility for any and all consequences, whether known or unknown, of the water drainage on Grantors' property. This release and Waiver includes, without limitation, any and all claims related to the amount of drainage and/or the water quality of the drainage. Grantors acknowledge that the amount of the drainage and/or the quality of the drainage may vary over time and that Grantee is not responsible for the amount of drainage or the water quality of the drainage. • • • • • 3. Grantors shall defend (with counsel of Grantee's choosing) and indemnify Grantee and its officials, employees, contractors, and agents against any and all claims, actions; lawsuits, and enforcement actions, including all costs and attorney fees, regarding or in any manner related to water drainage from public property, including without limitation, public storm drains. 4. This Grant of Easement shall hind the heirs, administratgrs, executors, successors, assigns, and transferees of the parties hereto and shall run with the lands described herein. 5 . In the event of any controversy, claim, or dispute 'relating to this instrument or breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. IN WITNESS WHEREOF, Grantors have executed this instrument. OWNERS Dated: May 40 , 1998 J T. VIDOVICH Dated: May O , 1998 4111. -, KATHY 17 M►PF NO Dated: May 2 , J` E VIDOVICH �1 Dated: May )9 , 1998 ( ' MI AEL A_ VIDOVICH This Grant of Easement is hereby accepted by the Town. - (e- Mayor City Clerk • 110 • STATE OF CALIFORNIA ss: COUNTY OF SANTA CLARA ) On Mcu j 2° , 1998, before me, the undersigned Notary Public. personally appeared JOHN T. VIDOVICH, personally known to me (e a,oa to - •• �a _ ). to be the person whose. name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. ARY GRAIL T. S OMERA� , / `'Q�i Santa Clara County ' __ ___ My Comm._Expires Jan.8.2000 STATE OF CALIFORNIA ) _ss: COUNTY OF SANTA CLARA ) On A4c� , 1998, before me, the undersigned Notary Public. personallyappeared KATHRYN A. TOMAINO personally known to me (per ..- - =• - -c . • -. ' .- e to be the personwhose name is subscribed to the within instrument and_ acknowledged to methat.she executed the same in her authorized- capacity-, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official sea - „:,A!7`;°:.',.., MARY GRAIL T. SOMERA," Santa Clara County im ro, My Comm. Expires Jan.8,2000 • • • 41111 STATE OF CALIFORNIA ss: COUNTY OF SANTA CLARA ) On MC41., .20 , 1998, before me, the undersigned Notary Public. personally(jappeared MARY JANE VIDOVICH,. personally known to me (-cam p.r c)ved- : � - ' _ ' . .. - - ' .- . -)_ tobe the person whose name is subscribed to the within instrumentand acknowledged to me_ that_ she executed the same in her authorized capacity, and that by her signature on the instrument the perso-n, or the- entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. "Oi,Npp MARY GRAIL T. SOMERA,� p Comm.#1082.612 �fl NOTARY PUBLIC-CALIFORNIA Ud �' My Comm. Expires Jan,8,2000 � ...aa-ara....aa_v.,a.•fl STATE OF CALIFO' l ) ss: COUNTY OF SANTA CLARA ) On 40, , 1998, before me, the undersigned Notary Public. personally/appeared MICHAEL A. VIDOVICH, personally known to me e—bras s o-f—s-a-t-i-s-factory-ev=i-denee-) to be the person whose name is subscribed to the within instrument and acknowledged to- me that_ she executed the same in her authorized capacity, and that by her s-ig-nature on the instrument the person, or the- entity upon- behalf of which- the- person acted, executed the instrument. ,a°.. WITNESS my hand and official seal. *„ 4 MARY GRAIL T. SOMERA 4r,�R Comm.# 1082612 �J . � NOTARY PUBLIC CALIFORNIA a. Si naturo/, ' � Santa Clara County g' My Comm. Expires Jan.8,2000