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Home My WebLink About22-13 • • RESOLUTION 22-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC STORM DRAIN EASEMENT (Lands of DJNH) WHEREAS, DJNH, LLC ("Owners"), are the owners of the property commonly known as 26420 Eshner Court, 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 storm drain facilities, for general public use ("Public Storm Drain Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Public Storm Drain 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 Public Storm Drain Easement attached to this Resolution as Attachment 1. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Public Storm Drain 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 18th day of April, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Radford, Larsen NOES: None ABSTAIN: None ABSENT: None BY: . aldeck, Mayor ATTEST: - /,;.• _ •eborah P-adovan, City Clerk Resolution 22-13 Page 1 • • ATTACHMENT 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 PUBLIC STORM DRAIN EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of DJNH, LLC) THIS GRANT OF EASEMENT is made this flday of' /I / , 2013, by DJNH, LLC, a California, limited liability company ("Owner"), owner of the property commonly known as 26420 Eshner Court, Los Altos Hills, California(the "Property"), to and for the benefit of the Town of Los Altos Hills,a municipal corporation ("Town"). Section 1. Owner hereby grants to Town a"nonexclusive easement for the construction, operation, and maintenance of Town's existing and future storm drain system serving existing and future streets within the vicinity of the Property, together with a right of reasonable access thereto, on, under, over, along and through the portion of the Property described and depicted in Exhibit A attached hereto and incorporated herein (the "Easement Area"). Section 2. Owner shall not allow the placement or construction of any structures, improvements, or landscaping on the Easement Area that would unreasonably interfere with Town's rights hereunder. Owner must obtain consent from Town prior to placing any structures, improvements, or landscaping on the Easement Area that could unreasonably (a) interfere with or damage the storm drain system in the Easement Area or (b) interfere with Town's access rights to the Easement Area as reasonablydetermined by the Town. Section 3. Except in case of emergency, Town shall use reasonable efforts to give reasonable prior notice to Owner as is practicable under the circumstances regarding any proposed entry onto the Property to perform work in the Easement Area. All such work (other than emergency repairs) shall be performed during ordinary working hours in a professional manner, and so as to minimize inconvenience to Owner. Section 4. The Town hereby accepts'this grant of easement on the terms herein stated. [Signatures Follow on Next Page] Resolution 212-13 Page 2 • IN WITNESS WHEREOF, the Owner has duly executed, and the Town has duly accepted, this Grant of Public Storm Drain Easement. DJNH: DJNH, LLC, a California limited liability company By: John E. York and Danielle Belluomini York, husband and wife as community property Its: Member Date: 3 - Zl Jo TE. York Date: Z 1/1 3 % D:niell: : -lluomini York a TOWN OF LO��S ILLS: Date: VI l ;017 ./1 ///j/ Gary Waldeck, Mayor ATTEST: - ' ' ��+� Deborah L. Padovan, City Clerk Resolution 22-13 Page 3 • GRANTOR ACKNOWLEDGMENT STATE OF CALIFORNIA ) 3041'-A Cta.rA ) COUNTY OF ) On AA•ctix-aft 1, 9-01 3 , before me, E5+11er Chi , a Notary Public,personally appeared John E. York,who proved tome 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. ESTHER CHI WITNESS my hand and official seal. ra.`,"4".&."".a.a....-.. Commission # 1927270 ais•'em- .,1 Notary Public -Ca+itornia z �,! '- Santa Clara County • � My Comm:Expires Mar 10,2025 & (Seal) Notary Public GRANTOR ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF -Gev- Sa4i1 act-rex ) On AA.arol„ 2 I� 2013 ,before me, aat{ner 1i , a Notary Public, personally appeared Danielle Belluomini York,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 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. • I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESTHER CHI WITNESS myhand and official seal. Commission # 1927270 a ae 4¢ :1 Notary Public-California Z;P_ z :L"'"'% Santa Clara County It My Comm.Expires Mar 30_2015 & (Seal). Notary Public 3 Resolution 22-13 Page 4 • STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA On April /9 , 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 Commission# 1929787 Notary Public-California Signature: (Seal) t Sonoma County Extires_Atr 19_20i5t Resolution 22-13 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. eborah Padovan, City Clerk Date: April 19, 2013 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 22-13 Page 6 • Certified as a true copy RESOLUTION 22-13 City Clerk of the Toy.)of Lcs RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC STORM DRAIN EASEMENT (Lands of DJNH) WHEREAS, DJNH, LLC ("Owners"), are the owners of the property commonly known as 26420 Eshner Court, 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 storm drain facilities, for general public use ("Public Storm Drain Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Public Storm Drain Easement; NOW, THEREFORE, the City Council of the Towne 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 Public Storm Drain Easement attached to this Resolution as Attachment 1. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute,the Grant of Public Storm Drain 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 18th day of April, 2013 by the following vote: AYES: Waldeck, Corrigan,Harpootlian, Radford,Larsen NOES: None ABSTAIN: None ABSENT: None BY: ary Waldeck, Mayor ATTEST: - eborah Padovan, City Clerk Resolution 22-13 Page 7 Resolution 22-13 Page 1 • • Exhibit A Legal Description of Storm Drain Easement PTN of Parcel 4 (711 M49) • 26420 Eshner Ct, Los Altos Hills, CA All that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of Parcel 4, as shown on that certain Parcel Map, which was filed for record on December 30, 1998, in Book 711 of Maps, at Pages 49 and 50, Santa Clara County Records,which is more particularly described as follows: Beginning at the most northerly corner of said Parcel 4, said angle point being at the most.northerly terminus of the boundary-line described as North 17°5813" East, 276.23 feet, said point being on the southwesterly boundary of Altamont Road, thence, along the northeasterly boundary of said Parcel 4, South 84°59'56" East, 20.52 feet to the TRUE POINT OF BEGINNING; Thence, South 84°59'56" East, 92.21 feet, to the beginning of a tangent curve to the right, having a radius of 114.09 feet; Thence, easterly along said curve, through a central angle of 42°03'40", an arc distance of 83.75 feet; Thence, South 42°5616" East, 40.88 feet, Thence, leaving the northeasterly boundary of said Parcel 4, North 81°58'36" West, 28.09 feet; Thence, North 53°06'28"West, 57.64 feet; Thence, North 66°11'40"West, 46.03 feet, Thence, North 84°59'56"West,,80.72 feet, Thence, North 17°58'13"West, 10.26 feet, to the True POINT OF BEGINNING. • Containing an area of 0.07 acres, more or less. • ® D s� �`5 .t JONA, AF, End of Description. !q QO • M \\ p. s>, No. L7527 . /lig/ Resolution 22-13 Page 14628 • • . CO ii::::C/ ik / • � NI.w / a t'. Exp. cP No. L7527 •�: — STORM DRAINi. ,��P Li EASEMENT �..p ‘-c-'‘\t EXIST 48 (0.07 AC, MOL) 62.,1f,_,; (�//M 8E / L7 •46 2„pg/(3 / L4 s, iv/ /\ • api M • '4' S89'28'46"W %7 5-+. k 44. / /��h 55.00' * 0� PTN PARCEL 4 S 50., \ (7111149) S'o ESHNE 56,X600 \t APN 182-23-039 7o`-3, COURT`�`� / '��os cnrnt A6^• moo•. `{ wok '.: 44P • \ 4) c5 \ SSA• ti ‘tN 54'48'59"W g8S9 F' o .3 '.3.. (.3.% 5.00' ,Q �\o+ •o Nim DATA TABLE I NO. BEARING LENGTH I L1 S84'59'56"E 20.52' 1 N�5`0"W R= 320 i L2 S84'59'56"E 92.21' 28548,-- == 4.00' L3 S42'56'16"E 40.88' L4 N81'58'36"W 28.09' L5 N53'06'28"W 57.64' L6 N66'11'40"W 46.03' 1 lo L7 N84'59'56"W 80.72' 'eco L8 N17'58'13"E 10.26' en V- N. z NO. RADIUS DELTA LENGTH C1 114.09' 42'03'40" 83.75' v JOB NO. R?642O-E-1T SHEET N0. } dol, PLAT OF STORM DRAIN EASEMENT •C , ,, DATE: 01/16/13 rr.�is Li��Ki`c►wLENoiIdEERs g PNT OF PARCEL 4(711M49) DRAWN: Dc EX A ripalligR_mliiEW4,141T`C-"wooa(cipca 4aea 26420 ESHNEI�2�'sahz4i r ii 3TOS HILLS,CA SCALE: 1' 1•-10 � 62$ OF 2