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HomeMy WebLinkAbout39-13 • • RESOLUTION 39-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PATHWAY EASEMENT (Lands of Nieh) WHEREAS, Peter Nieh and Sharon Ann Nieh ("Owners"), are the owners of the property commonly known as 25765 Bassett Lane, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town the easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; 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 Pathway 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 Pathway Easement. 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 15th day of August, 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 39-13 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 GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Nieh) THIS GRANT OF EASEMENT is made this 6 day of , 2013, by. Peter Nieh and Sharon Ann Nieh, husband and wife as community prope with right of survivorship ("Owners"), owners of the property commonly known as 25765 Bassett 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 grant to Town a perpetual right'and nonexclusive easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use, together with right of access thereto, on, under, over, along and through 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 ("Easement"). Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. [Next Page] Resolution 39-13 Page 2 • • IN WITNESS WHEREOF,the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNERS: Date: -! Z'S/ 1j , lieh Date: 12-'5lI ) ShdroriLn Nieh TOWN OF LOS ALTOS HILLS: / Date: 111_____A_db,i3 .,.�� / Gary Waldeck, Mayor / ATTEST: Deborah L. Padovan, City Clerk Resolution 39-13 Page 3 • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On August 16, 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. Signature: (Seal) DEBORAHublic ySonomaPCounty-California L:PADOVAN 4 Commission#1929787 Notar .m. M Comm.Ex ires A r 19,2015 Resolution 39-13 Page 4 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .v c�c�c�c��e�.•..�<.g c-�S�c�S�c�e�.;.�e,:�¢;.�e�e��c..,ae�<;:�..�.�e�c;�..�c�t�c�c.e�e-�e..��¢�c.,fie,-� - - State of California County of Jain_ Wok On 7.25, /.3 before me, C I Av10 v LJOitJ77 Date Here Insert Name and Title of the Officer personally appearedf L N[mac. Jha-ce4 N(eJ'L Name(s)of Signer(s) , who proved to me.on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the within instrument and acknowledged to me that he/she/executed the same in hi er/their authorized capacity(ies), and that by his/her/i .ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,-executed the instrument. I certify under PENALTY OF PERJURY under the laws Common•mom of the State of California that the.foregoing paragraph is Notary PUOtia-Colistals true and correct. Son Matto CM* • • WITNESS my hand and official seal. Signature Place Notary Seal Above Signature otary Public OPTIONAL — Though the information below is not-required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document • Title or Type of Document: • Document Date: Number of Pages: - Signer(s) Other Than Named Above: • Capacity(ies) Claimed by Signer(s) , Signer's Name: Signer's Name: ❑ Individual 0 Individual , ❑ Corporate Officer—Title(s) 0 Corporate Officer—Title(s): ❑ Partner=❑ Limited 0 General RIGHTTHUMBPRINT ❑ Partner—0 Limited 0 General RIGHTTHUMBPRINT ❑ Attorney in-Fact - OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here 0 Trustee - Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: ' Signer Is Representing: mss <. : . : :�..1,; . .. ti ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Resolution 39-13 Page 5 • • 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: August 16, 2013 Place: Town Hall • Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 39-13 Page 6 ID • Certified as a true copy ____, RESOLUTION 39-13 City Clerk of the Town of Los Altos Hills 1 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING.GRANT OF PATHWAY EASEMENT (Lands of Nieh) WHEREAS,Peter Nieh and Sharon Arm Nieh("Owners"), are the owners of the property commonly known as 25765 Bassett Lane, Los Altos Hills, California; and WHEREAS,Owners have offered to grant to the Town the easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; 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 Pathway 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 Pathway Easement. 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 15th day of August, 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 39-13 Page 7 Resolution 39-13 Page 1 • . • • • Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description • Resolution 39-13 Page 8 • • EXHIBIT "A" LEGAL DESCRIPTION 10' WIDE PATHWAY EASEMENT LANDS OF NIEH 25765 Bassett Lane Los Altos Hills,CA All that certain real property situated in the City of Town of Los Altos Hills, County of Santa Clara, State of California, more particularly described as follows: The easterly 10 feet of the westerly half of Bassett Lane fronting Lot 3, as shown upon that certain Map entitled,"Tract No.4169 Rhus Ridge Ranchos",which map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California, on February 11, 1971 in Book 278 of Maps, page 52-54. The above described parcel of land contains 1,235 square feet, more or less. All as shown on the plat marked Exhibit"B", attached hereto and made a part hereof. End of description This legal description was prepared by me or under my direction. 7 /7 /3 �pLANDSG9G; obe Wang Dat • V ROBERT Y. p L.S. 31 WANG 33 N No.8g31 Q 1404 , OFCA 1 of Resolution 39-13 Page 9 ., , • 1► N TRACT NO. 4189 �ooY RD 278 M 52-54 ,��G \" LANDS OF KNOWLES —N— ® BASSETT LN DOC # 21070213 (2011) IP �y G� / 5 'o<2., -3GG, / u15:10-4. ?¢S6o, (R) VICINITY MAP Cw N.T.S 146529'02' (R' // R=180.00' 0 20 40 50 100 3 L=90.76' r s r IIIIIIIIIIIIIIIIIIIII,__ IIII■ X28'53,27" N61'55 40 W 10.02 = --__- R=170.00' L=85.13' SCALE: 1"=50' 6=28'41'35- R=160.00' L=79.50' 28'28'14- 10' PATHWAY EASEMENT (P.E.) AREA=1,235 S.F.± N410'37°W 40.56' LANDS OF NIEH o oo DOC # 22157918 (2013) I.4.- N78'32'49"E 10.08' z 0 A ' " 265.65' 20.16'1 z POINT OF 108.349 2 E BEGINNING & 3 W '.".► "Im Q LANDS OF NIEH, ET AL. ZI N w i DOC # 18320151 (2005) 20' (rAND 2 ` g � GI w 0 C�/1 per, / N0. 8931 I= Jl LEGEND 44 cn� OF A�°- -— CENTERLINE BASIS OF BEARINGS PATHWAY EASEMENT THE BEARING N4'10'37"W OF CENTERLINE OF BASSETT LANE AS BOUNDARY SHOWN UPON THAT CERTAIN TRACT MAP NO. 4169 ENTITLED 1>E "RHUS RIDGE RANCHOS" FILED FOR RECORD ON FEBRUARY 11, 1971, IN BOOK 278 OF MAPS AT PAGES 52 THRU 54. DATE: 7/17/13 R% RW ENGINEERING, INC. EXHIBIT "B" SCALE: 1"=50' CML ENGINEERS LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION 505 ALTAMONT DRIVE. MILPITAS, CA 95035 10'WIDE PATHWAY EASEMENT BY: RW (P) (408) 262-18995556 LANDS OF NIEH. l�f}��}3 �- 25765 BASSETT LANE Page 10 SHEET- 2 OF 2 rwengineering@gmail.com LOS ALTOS HILLS,CA