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HomeMy WebLinkAbout15-13 i r RESOLUTION 15-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY (Lands of Kirk) WHEREAS,Michael Kirk and Kari Kirk, husband and wife as community property with right of survivorship ("Owners"), the owners of the property commonly known as 12861 Alta Tierra Road, 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, the City Council has determined that acceptance of the right-of- way dedication satisfies the requirements of the Code and serves an important public purpose; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts 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 21st day of March, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen NOES: None ABSTAIN: None ABSENT: Radford /� BY: � Gary Waldeck, Mayor ATTEST: = - Deborah Padovan, City Clerk Resolution 15-13 Page 1 • 411, 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 OFFER OF RIGHT-OF-WAY DEDICATION TO THE TOWN OF LOS ALTOS BILLS (Lands of Kirk) THIS DEDICATION is made this1 day ofr-A % , 2013, by Michael � Kirk and Kari Kirk, husband -and wife as community property with right of survivorship ("Owners"), the owners of the property located at 12861 Alta Tierra Road, 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 accepts this Dedication. IN WITNESS WHEREOF,the Owners have properly executed,and the Town has hereby accepted,this Dedication as follows: OWNERS: Date: /( ( / l Mich;el Kirk _ . Date: Z 11 ! , Kari Kirk Resolution 15-13 Page 2 TOWN OF LOS ALTOS HELLS: Date: 44 0702(..2W-3 Gary Waldeck, Mayor ATTEST: Deborah L.Padovan,City Clerk Resolution 15-13 Page 3 • • State of California ) County of Santa Clara ) On 13 before me, In K-J L k A L � DIT ,notary public, personally appeared h C..11w C i 1� c as.4.1 D R <<,z IL le_ , who proved to me on the basis of satisfactory evidence to be the persons f hose narn(scare 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. �uuuunuummummuumummununnnnnuuuuunuuounnumw® y MAULIK ANIL PANDIT E. 41 COMM.#1916213 NOTARY PUBLIC-CALIFORNIA H (Seal) _ My Comm.Exp.Dec.10,2014 Elmuuuuuumummuumnununuuuuunnnuununnnnnnnmuuoita • Resolution 15-13 Page 4 • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On March 22, 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 whosename 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 co °iRsAs on '1929787 z Signature: (Seal) -!�.�. Notary Public-California N. Y► Sonoma County r M Comm,Ex fires A r 19,2015 Resolution 15-13 Page 5 • • Certified as a true,.copy By RESOLUTION 15-13 City Clerk of the Town of Los Altos Hills RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS • ACCEPTING DEDICATION OF RIGHT-OF-WAY (Lands of Kirk) WHEREAS, Michael Kirk and Kari Kirk,_husband and wife as community property with right of survivorship ("Owners"),the owners of the property commonly known as 12861 Alta Tierra Road, 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, the City Council has determined that acceptance of the right-of- way dedication satisfies the requirements of the Code and serves an important public purpose; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts 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 21st day of March, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen NOES: None ABSTAIN: None ABSENT: Radford BY: Gary Waldeck, Mayor ATTEST: - • Deborah Padovan, City Clerk Resolution 15-13 Page 6 Resolution 15-13 Page 1 • Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description • • • Resolution 15-13 Page 7 • • EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION TO TOWN OF LOS ALTOS HILLLS OVER LANDS OF KIRK 12861 ALTA TIERRA ROAD LOS ALTOS HILLS, CALIFORNIA Situate in the Town of Los Altos Hills, County of Santa Clara, State of California. Being a portion of the lands conveyed.to Michael Kirk and Kari Kirk, Husband and Wife as Community Property with right of survivorship, by Deed dated September 15, 2011 and recorded October 12, 2011 as document number 21359026, Official Records, Santa Clara'County Records, and Being a strip of land lying northeasterly of the following described line. Beginning at a point in the northwestern boundary of Lands of Kirk said point being 30 feet distant, measured perpendicularly to the center line of Alta Tierra Road. Thence from said point of beginning and parallel with the center line of Alta Tierra Road South 36° 21' 00" East 207.00 feet to a point on the southeastern boundary thereof, said point being the point of terminus of this line. Containing 1,035 square feet of land, more or less. End of description. Compiled in February 2013 by Bowman and Williams Consulting Civil Engineers, Inc. File No. 24779 February 1, 2013 APN 175-47-012 �5��LAND si/ip `0 P�,QAUL HgPA ��O 44, III Jean-P-t Ha'pee PL 8:17 I 8807 RTF OF CAW' Sheet 1 of 2 Resolution 15-13 Page 8 • REFERENCES BASIS OF BEARINGS (A) DOC# 21359026 THE BEARING OF NORTH 36' 21' 00" WEST FOR THE SOUTHWEST LINE OF ALTA (B) 336-M-45 TIERRA ROAD, AS SHOWN ON THAT CERTAIN DEED RECORDED AS DOCUMENT NUMBER 21359026, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. LEGEND • FOUND MONUMENT AS NOTED LOT 3 TRACT NO. 49 FD OLD 3/4" IRON PIPE, FD OLD 3/4" ROBLEDA HEIGHTS BENT & LEANING 1-M-46 & 47 NORTHWESERLY PER (B) IRON PIPE PER (B) Nkk N 36'21'00" W 279.22' (N 36'09'00" W 280.00') 25, ALTA TIERRA RO AD (50') _ 5' 30' N 36'21'00" W 207.00'(A)_ r� I N 36'21'00" W 207.00' ) I o O I 5' 8o a 6 I STREET DEDICATION i° AREA=1,035± SF I (HATCHED AREA) --- 24' --I . KIRK '...t.' APN 175-47-012 a DOC# 21359026 v b 12861 ALTA TIERRA ROAD to in o ON N NN N b in triinN s 20 O N P co In 249 NON-EXCLUSIVE RIGHT OF WAY to. FOR INGRESS-EGRESS& PUBLIC M 2 FUTILITIES SHOWN ON DOC# 19905996 til N Z AREA (GROSS) = 45,643. SF ± AREA (NET) = 44,608 SF ± �� LAND SU N 36'21'00" W 207.00' (A) <�S/C"PUL •,..9 \A- r * 88i\ s <, CALS BOWMAN & WILLIAMS. PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1" = 50' CONSULTING CIVIL ENGINEERS 1011 CEDAR STREET ° 25 5° (FEET) 1°° DATE: FEB 1, 2013 SANTA CRUZ, CA 95060 (408) 426-3560 Page 9 SHEET 2 OF 2