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Home My WebLink About36-13 • 0 RESOLUTION 36-13 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 Martina and Weber) WHEREAS, Victor Martina and Sara A. Weber ("Owners"), are the owners of the property commonly known as 12600 Miraloma Way, 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 Miraloma Way 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 special meeting held on the 15th day of July, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen, Radford NOES: None ABSTAIN: None ABSENT: None BY: �� % . Gary Waldeck, Mayor ATTEST: ---- - I eborah Padovan, City Clerk Resolution 36-13 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 Martina and Weber) THIS IRREVOCABLE OFFER OF DEDICATION is made this 15th . day of July , 2013, by Victor J. Martina and Sara A. Weber ("Owners"), the owners of the property located at 12600 Miraloma way, 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: 6, 1z-ifs . na Date: eft 12 LZ Sara A. Weber Resolution 36-13 Page 2 • TOWN OF LOS ALTOS HILLS: Date: July 15 , 2013 Gary Waldeck, Mayor ATTEST: Deborah:L. Padovan, City Clerk • Resolution 36-13 Page 3 • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On July 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. DEBORAH t.PIIDOVAN Commission+x=1929787 k 9� Notary Public-California Signature: (Seal) `��'' SbnomaConnty m _Comm._ rase r-19.2015 Resolution 36-13 Page 4 • State of California ) County of Santa Clara ) OnJ X013 before me, .Lort;Iv iref ,notary public, personally appeared V isciarZ'. ka r Hr Q exd. Sara_ f 4. U4 ✓ 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. DEBORAH L.PAoovnN ? 4 Commission#.1929787 Public,-California Notary c. ..z Signaturea& (Seal) Sonoma County - -M Comm.ExQtret"t 19,2015 Resolution 36-13 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: July 16, 2013 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 36-13 Page 6 • Certified as a true copy By - RESOLUTION 36-13 City Clerk of the Town of Los Altos Hills 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 Martina and Weber) • WHEREAS, Victor Martina and Sara A. Weber ("Owners"), are the owners of the property commonly known as 12600 Miraloma Way, 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 ofsufficient 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 Miraloma Way 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 special meeting held on the 15th day of July, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen, Radford NOES: None ABSTAIN: None ABSENT: None /// BY: ... /�% Gary Waldeck, Mayor ATTEST: / eborah Padovan, City Clerk • Resolution 36-13 Page 7 Resolution 36-13 Page 1 • Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution 36-13 Page 8 • 0 . Exhibit `A" 20'STREET DEDICATION OVER 12600 MIRALOMA WAY DOCUMENT SERIES NO.21213878 • LOS ALTOS HILLS,CALIFORNIA A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO VICTOR MARTINA AND SARA WEBER, HUSBAND AND WIFE AS COMMUNITY PROPERTY, RECORDED ON JUNE 6TH, 2011 AS DOCUMENT SERIES NO. 21213878 IN THE OFFICE OF THE SANTA CLARA COUNTY RECORDER, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID WEBER PARCEL; THENCE, NORTH 49°56'00" EAST FOR A DISTANCE OF 176.60 FEET TO THE MOST NORTHERLY CORNER OF SAID WEBER PARCEL; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID WEBER PARCEL SOUTH 38° 49' 00" EAST FOR A DISTANCE OF 20.00 FEET; THENCE ALONG A LINE 20.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH, (MEASURED AT RIGHT ANGLES) THE NORTHWESTERLY LINE OF SAID WEBER PARCEL SOUTH 49°56'00" WEST, FOR A DISTANCE OF 176.60 FEET TO THE SOUTHWESTERLY LINE OF SAID WEBER PARCEL; THENCE, ALONG SAID SOUTHWESTERLY LINE NORTH 38° 49' 00" WEST FOR A DISTANCE OF 20.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,532 SQUARE FEET END 046; CRIPTION. e stockinger L.S.6995 NOTE:THERE IS A PLAT,SHOWING THIS EASEMENT,ATTACHED TO THIS LEGAL DESCRIPTION AND MADE PART OF SAID LEGAL DESCRIPTION. pre, 6 AA .®SD-fry-,,t �) N\-• O�.-v Oc:06 VV LLJ S • 0 - Z J - I i ,. <,,k..3 Sr t.' SHEET 1 OF 2 SHEETS Resolution 36-13 Page 9 PLAT TO ACCOMPANY • • LEGAL DESCRIPTION - / 4,c, 4 / A,\11.' ,e9 c \ ). . / OF (?'°'..r°7 N APN 338-16-002 / 6 ef0 �,� .v- \G N 1,4 / bti� ,�• o00 cy., - ". 'le% . AA A Q L 4+�5 �� R A w )14 / 11/ opO�v e o / $ .p0, ��, ��, 4 20' STREET 9 .°5, <4c DEDICATION \_‘Ik-<* 1'b# ��.. - (AREA 5; J 3.532 SF ± 1/4en I illel il 1 It.It Z .4 ,c,,,,. 0,..., .? Q c'S OF -1 F , goo sz, LANDS OF WEBER �,, °� ‘4,y�°c ` DOC. SERIES 21213878 POINT OF APN 338-16-008 BEGINNING s 1d,. GROSS AREA =45,036 SF ± sr (1.03 ACRES) 00-, NET AREA =41,504 SF ± , F (0.952 ACRES) BASIS OF BEARINGS FOR THE 2S STREET DEDICATION SHOWN cCOO HEREON IS THE SOUTHEASTERLY VD- LINE OF MIRALOMA WAY AS 7--------- �� LANDSHOWN ON THE PARCEL MAP �O4 SGFILED FOR RECORD NOVEMBER 5TH1990 IN BOOK OF 621 OF MAPS ./j44) �G AT PAGES 6 AND 7 IN THE OFFICE OF 2 DC BRIAN L. STOCKINGER ac THE SANTA CLARA COUNTY RECORDER ' S -' LS 6995 o o BEARING TAKEN AS S49'56'00"W �Q� * N0. * Ji EXP 9-30-13 Q. 110 9j. ' 10 0 10 30 60 0� F ,s os-`F�` graphic scale SCALE 1"=30" ,0 ,...f•,0 20' STREET DEDICATION DRAWN BY BLS SURVEYING NNR ENGINEERING p p 5L5 &MAPPING • 535 Vi'EYBRIDGE DRIVE 2600 M I RALOMA WAY 5OUNDARY-TOPOGRAPIIIC DATE GPS-RIGFiTOFWAYSURVEYS SAN JOSE CA,95123 (408)348-7813 TOWN OF LOS ALTOS HILLS - SANTA CLARA COUNTY Reso i{� i -1)x:+ MARTINEZ CA. s+sss FAX ow w - CALIFORNIA (vz))2.Z9-+,+, SHEET 2 OF 2