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HomeMy WebLinkAbout49-13 • • RESOLUTION 49-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY (Lands of Moussavian and Karroubi) WHEREAS, Mansour Moussavian and Keyhaneh Karroubi ("Owners"), are the owners of the property commonly known as 25611 Burke Lane, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS, pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS,majority of Burke Lane is still private and the right-of-way does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects on behalf of the public the dedication of the right-of-way described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. 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 19th day of September, 2013 by the following vote: AYES: Waldeck, ,Corri anHarpootlian, Larsen, Radford g 1P NOES: None ABSTAIN: None ABSENT: None ' BY: Gary Waldeck, Mayor ATTEST: : / Deborah Padovan, City Clerk Resolution 49-13 Page 1 • S 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 IRREVOCABLE OFFER OF RIGHT-OF-WAY DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Moussavian and Karroubi) THIS IRREVOCABLE OFFER OF DEDICATION is made this 19th day of August , 2013, by Mansour Moussavian and Keyhaneh Karroubi, husband and wife as community property with right of survivorship ("Owners"), the owners of the property located at 25611 Burke Lane, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owners do hereby offer to dedicate to Town for street purposes that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication"). Section 2. The Town hereby rejects this offer of Dedication. IN WITNESS WHEREOF,the Owners have properly executed, and the Town has hereby rejected this offer of Dedication as follows: OWNERS: Date: August 19, 2013 Mansour Mou savian Date: August 19, 2013 eKeyhaneh Karroubi Resolution 49-13 Page 2 • • TOWN OF LOS ALTOS HILLS: September 23 , 2013 .„ )/� Date: Gary Waldeck, Mayor ATTEST: / / Deborah L. Padovan, City Clerk 973520_1 Resolution 49-13 Page 3 • • State of California ) County of Santa Clara ) On August 19, 2013 before me, J. Cuneo-Daw, notary public , personally appeared Mansour Moussavian and Keyhaneh Karroubi who proved to me on the basis of satisfactory evidence to be the person(s) whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. aZI Mry ®0'22 11 ®®a :1aSaa®aa a WITNESS my hand and official seal. "Oe CUNEO—DAW GFJ' COMM. NO. 1927243 S NOTARY PUBLIC—CALIFORNIA • t 1- aVY COUNTY OF SANTA CLARA Signature /. '/ (Seal) COMM.EXPIRES MARCH 28,2015` a+® aempaaeamasaeaaaacarma4llMama41 Resolution 49-13 Page 4 • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On September 2013, before me,Deborah L.Padovan,Notary Public, personally appeared Gary Waldeck, who 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. ;• DEBORAH L.PADOVAN#.10W;:, = CommissioqA�1929787Signature: (Seal) ' NotaryPublic-CsBfornia -.„-17, Sonoma Coutyr, Comm. fires A r 19,20M Resolution 49-13 Page 5 • 110 I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. Deborah Padovan, City Clerk Date: September 23, 2013 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 49-13 Page 6 • Certified as a he copy _ RESOLUTION 49-13 City Clerk of the Town of Los Alas E;;;s RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY (Lands of Moussavian and Karroubi) WHEREAS, Mansour Moussavian and Keyhaneh Karroubi ("Owners"), are the owners of the property commonly known as 25611 Burke Lane, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS, pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS,majority of Burke Lane is still private and the right-of-way does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects on behalf of the public the dedication of the right-of-way described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. 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 19th day of September, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen,Radford NOES: None ABSTAIN: None ABSENT: None / / BY: Gary Waldeck, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 49-13 Page 7 Resolution 49-13 Page 1 • Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution 49-13 Page 8 • • EXHIBIT"A" LEGAL DESCRIPTION FOR A STREET DEDICATION LANDS OF MOUSSAVIAN AND KARROUBI 25611 BURKE LANE LOS ALTOS HILLS, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,BEING A PORTION OF THE LANDS OF MOUSSAVIAN AND KARROUBI AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED OCTOBER 25,2012 AS DOCUMENT NO.21917045, SANTA CLARA COUNTY OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING NORTHEASTERLY OF, PARALLEL WITH AND MEASURED AT RIGHT ANGLES TO,THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERN CORNER OF SAID LANDS OF MOUSSAVIAN AND KARROUBI; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS, SOUTH 77°48'00"EAST,227.02 FEET TO THE MOST SOUTHERN CORNER OF SAID LANDS. THE NORTHEASTERLY LINE OF SAID STRIP TO BE SHORTENED OR LENGTHENED AS NECESSARY TO TERMINATE AT THE NORTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID LANDS. CONTAINING 4,560 SQUARE FEET, MORE OR LESS. ATTACHED TO THIS LEGAL DESCRIPTION IS A PLAT WHICH IS MADE A PART HEREOF. END OF DESCRIPTION. PREPARED BY OR UNDER 0 Lasso THE SUPERVISION OF: Y R' wig% GREGO' : ' / DATE ���oiy4r 1*NA TUfttS osv CAUsecs\mthompson\AppData\Local\Temp\Temp2_R g { EKKAGE.zip\20'DED.BURKE LN.docPAGE 1 OF 2 Page 9 LADDDUvIED C�GAC;{AUEG DOO Cho 290215 3 3 DOO Cho �� 352 © DOC. 99069800 REFERENCES s77.52'00"E 247.35' (1) (1) DEED DOC. 21917'45 BASIS OF BEARINGS THE BEARING SOUTH 77.48'00" EAST OF THE SOUTHWESTERLY LINE OF THE LANDS MOUSSAVIAN / �'' AND KARROUBI AS DESCRIBED IN GRANT DEED o LECD� e`° �' / RECORDED OCTOBER 25, 2012 IN DOCUMENT NO. ��pI�, 90a / _ `�, 21917045, SANTA CLARA COUNTY RECORDS, WAS DOC. 16° 6°6°15 �� '{, c Q o) USED AS THE BASIS OF ALL BEARINGS SHOWN UPON 0 mem a ti o� THIS PLAT. o) No.ciy 0-431-14 f, � `-N LANDS OF MOUSSAVIAN AND2.). 1:5" 1. • °I N. l„ 4 /3 KAOUoD DOC. 21917045 M `- Iklk N 4544 sv V. AREA: 499372 S© T 1.13 ACRES Q� sIGNATUREs\e N ^ AREA AFTER DD EDD DCATDOO Flo .8)D�QU ;O 41.49812 12 SaFT. 1.02 ACRES 10 o mDOho 8174924 N• M 420'± 'o 20.00' STRIP TO 2 TO BURKE---0-- N BE DEDICATED AVENUE S25.43'42"W 4,560 SQ.FT. N30.52'Oo"E U 20.57' N77.48'00"W 228.97' 21.11' r���� ��//��� ���z/�� , 271 0.R. 341\- - /// Z Z% if" 7," Z��7 BURKE LANE S77'48 00 E 227.02 1 POINT OF n�nKCDEG i]O` T (WIDTH VARIES)0 5RIVA O ROAD 100 BEGINNING DOC.Co 1 o 103421 LEGEND STRQSUG O BOUNDARY OF DEDICATION DOC.Cho 200 0 67160 PROPERTY LINE SCALE. 1" - 50' EASEMENT LINE LEA & BRAZE ENGINEERING, NC. PLAT TO ACCOMPANY 44 LEGALDESCRIPTION FOR: CIVIL ENGINEERS • LAND SURVEYORS STREET DEDICATION BAY REGION SACRAMENTO REGION 2495 ARE PKWY WEST 3017 DOUGLAS BLVD 300 FOR 25611 BURKE LANE HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CALIFORNIA �f (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM APN: 175-26-041 PAGE 2 OF 2 JOB #2130106 DRAWN BY: MT AUGUST 2013