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HomeMy WebLinkAbout48-13 • • RESOLUTION 48-13 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 Daugherty and Mrsny) WHEREAS, Ann Daugherty and Randall Mrsny ("Owners"), are the owners of the property commonly known as 11620 Buena Vista Drive, 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 Buena Vista Drive 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 48-13 Page 1 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 Daugherty and Mrsny) • THIS IRREVOCABLE OFFER OF DEDICATION is made this THIS day of September , 2013, by Ann Daugherty and Randall Mrsny;+w1fe and husband, as joint. tenants ("Owners"), the owners of the property commonly known-as•1H1620.BuerraNista•Drive 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: O RS: 7 Ann Dau g Date: ZZ Randall Mrsny Resolution 48-13 Page 2 • • TOWN OF LOS ALTOS HILLS: Date: September 23 , 2013 Gary Waldeck, Mayor ATTEST: , Deborah L. Padovan, City Clerk Resolution 48-13 Page 3 • State of California ) County of Santa Clara ) On g lay. ao\-5.before me, , personally appeared 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. WITNESS my hand and official seal. Signature0%) (Seal) rah � E D SAN DOWDY- Commission•2019637 c1;<� ;A Notary Public-Calitomis . 4i f Sant'Cin Count, 17 Resolution 48-13 Page 4 • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On September a3 , 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. Kms, oEBORAH L::PADOVAN Commission+9"1929787 Yam ! Notary Public-dalifornia a Signature: /,` (Seal) • j Sonoma County M Comm.F.a Iras A r 19,2015 Resolution 48-13 Page 5 • S 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 4813 Page 6 • • Certified as a true copy B RESOLUTION 48-13 City Clerk of the Town of Los A;tos 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 Daugherty and Mrsny) WHEREAS, Ann Daugherty and Randall Mrsny ("Owners"), are the owners of the property commonly known as 11620 Buena Vista Drive, 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, nd 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 Buena Vista Drive 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: - &:),110/4We,/./ Deborah Padovan, City Clerk Resolution 48-13 Page 7 Resolution 48-13 Page 1 • Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution 48-13 Page 8 • • EXHIBIT "A" LEGAL DESCRIPTION FOR A STREET DEDICATION LANDS OF DAUGHERTY &.MRSNY 11620 BUENA VISTA DRIVE 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 DAUGHERTY AND MRSNY,AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED SEPTEMBER 29, 2000 AS DOCUMENT NO. 15406759, SANTA CLARA COUNTY OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING SOUTHERLY OF, PARALLEL WITH AND MEASURED AT RIGHT ANGLES TO,THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST NORTHEASTERN CORNER OF SAID LANDS OF DAUGHERTY AND MRSNY; SAID POINT BEING ON THE CENTER LINE OF BUENA VISTA DRIVE AS SAID ROAD IS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD ON APRIL 9, 1956 IN BOOK 69 OF MAPS AT PAGE 8, SANTA CLARA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 81°39'04"WEST, 142.00 FEET TO THE MOST NORTHWESTERN CORNER OF SAID LANDS OF DAUGHERTY AND MRSNY. THE SOUTHERLY LINE OF SAID STRIP TO BE SHORTENED OR LENGTHENED AS NECESSARY TO TERMINATE AT THE WESTERLY LINE AND THE EASTERLY LINE OF SAID LANDS OF DAUGHERTY AND.MRSNY. CONTAINING 2,943 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 1.°7-17 41 THE SUPERVISION OF: hsNa. 4586 9-30-14 JEFFREY C. LEA DATE 44'144 TURES‘" Resolution 48-13 Page 9 G:\Correspondence\2012 Jobs\2120501 C1\LEGAL\FINAL DOCS\20'DED.BUENA.doc PAGE 1 OF 2 ILEGEND L1 N81'39'04"W 142.00' (R1) I I • g,EYc _• _ -- _ BOUNDARY OF DEDICATION L2 SO1'10'24'E 20.28' ', PROPERTY LINE L3 S81'39.04"E 152.28' No. 4588<t; 588 ' CENTERLINE " y )gyp. 9-30-14 N00'S8'54"E n RIGHT OF WAY UNE L4 a(�N25 55 28 W , 24.20' I 'T LAN DD S OF F ilcCA N DOC.C. No. 20000 84938 $ ` \`> ' 4 /(RADIAL)(SOUTHERLY 400'±)(R3) NO1'10'24"W(R1) 364.05' TOTAL L2 �.CP uRv . 343.77' I it� BASIS OF BEARINGS W "r1Vo,� THE BEARING N81'39'04"W FOR THE CENTERLINE OF ►� BUENA VISTA DRIVE IS BASED ON THE PARCEL MAP FILED ~ ,c IN BOOK 331, AT PAGE 19, OF THE SANTA CLARA 20.00' STRIP Q'i G • 0 COUNTY RECORDS, AND IS THE BASIS OF ALL BEARINGS TO BE DEDICATED A. Q ,\�L' Q�LI SHOWN UPON THIS MAP. I 2,943 SQ.FT. J J no t 'A ` R=65eb- .00' l '- I • i O to. L=51.04' �o D=44'59'38" LANDS OF 0 25 50 I 100 E� 0 A. DAUGHERTY O R. [MESHY Q Fame. cn R=55.83' DOC.C. Mn o. 16400 87769 l��l '� M D=42'39'00"(R2) AREA: C�0 9243 S©.FT. X10671 ACRES SCALE: 1" = 50' ap1 lR,\l o AREA AFTER DD EDD DCATDOL: ,pyo .1 �,w (N86'55'54"W) (R2) tta bb I �1 NA p N86'40'28"W 069300 SOFT. 1.600 ACRES tti$p17- �cA s',7 25.98' N00'06'13"W (R1) 364.34' fa (NO'40'00"W 388') (R3) LAMBS OF LAU�DSS Oo fE OR DOCo [r`�IOO o °35�(ojil 0 4 (Rl) PM 331 MAPS 19 0 o OSE ° POINT Ciik GSW°T • (R2) ROS 262 MAPS 41 H °,I D DOC. OF PARCEL 29 437 PM 6 (R3) DOC. 15406759 Mo. 22303419 BEGINNING PARCEL 139 60022 LEA & BRAZE ENGINEERNG, INC. PLAT TO ACCOMPANY 4.4 LEGAL DESCRIPTION FOR: CML ENGINEERS • LAND SURVEYORS STREET DEDICATION BAY AREA REGION SACRAMENTO REGION 2495 INDUSIRIAL PKWY WEST 3017 DOUGLAS BLVD, #300 FOR 11620 BUENA VISTA DRIVE HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 LOS ALTOS HILLS, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM APN: 182-29-008 PAGE 2 OF 2 JOB #2120501 DRAWN BY: CM / JAK JULY 2013