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HomeMy WebLinkAbout92-03 • RESOLUTION NO. 92-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS SUMMARILY VACATING A STORM DRAIN EASEMENT OVER THE LANDS OF TENG WHEREAS, in 1973 the County of Santa Clara acquired a fifteen foot wide storm drain easement(the"Subject Easement") over a portion of that certain property hereinafter more particularly described in Exhibit A and commonly known as the Lands of Teng; and 'WHEREAS, in 2000 the Lands of Teng were annexed into the Town of Los Altos Hills (the"Town")thereby transferring ownership of the Subject Easement to the Town; and WHEREAS,the City Council of the Town believes the Subject Easement should be vacated and abandoned for the reason that it will be relocated, and that the best interests of the Town will be served by such relocation; and WHEREAS, the City Council of the Town is authorized by Section 8333 of the California Streets and Highways Code to summarily vacate a public service easement if the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council of the Town finds that the Subject Easement has been superseded by relocation and there are no other public facilities located within the easement; NOW THEREFORE,the City Council of the Town does RESOLVE that the Town hereby vacates and abandons the Subject Easement described and depicted in Exhibit A, pursuant to the authority contained in Section 8335 of the California Streets and Highways Code; BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded by the Santa Clara County Recorder's Office; #671235v1 • BE IT FURTHER RESOLVED,that from and after the date that this Resolution is recorded pursuant to Section 8336 of the California Streets and Highways Code,the Subject Easement shall no longer constitute a public service easement. PASSED AND ADOPTED this- I day oft)) ktbev, 2003. By: Mayor ATTEST: Ci y Clerk di #671235v1 • • Exhibit A Legal Description of Storm Drain Easement Property and Plat Accompanying Description #671235v1 4 RECORDING REQUEST.EIDY 414) Exhibit A to Resolution 92-03 TOWN OF I/OS ALTOS HILLS DOCUMENT: 17647052 Pages: 7 AND IS EXEMPT FROM FEE ' Fees PER GOVERNMENT CODE 111 111 11 1111111 Taxes SECTIONS 6103 AND 27383 Copies. . AMT PAID WHEN RECORDED MAIL TO: Town of Los Altos Hills BRENDA DAVIS RDE # 006 26379 Fremont Road SANTA CLARA COUNTY RECORDER 3/05/2004 Los Altos Hills, CA 94022 Recorded at the request of 1 : 14 PM Attn: City Clerk City ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) • , • _ .,..„ _ • .- • ,s . . RESOLUTION NO 92-03 c-DE c5,7;7, DOCUMENT TITLE C • ResblUtirtii of the City Council of the Town of Los Altos Hills Summarily Vacating A Storm Drain Easement Over The Lands of Teng . - - :.:; ; :COEDES UE • • 1 • - • SEPARATE PAGE, PURSUANT TO,GOVT..CODE 27361.6 3149 . . , • . RESOLUTION NO. 22-03 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS SUMMARILY VACATING A STORM DRAIN EASEMENT OVER THE LANDS OF TENG WHEREAS, in 1973 the County of Santa Clara acquired a fifteen foot wide storm drain easement(the "Subject Easement") over a portion of that certain property hereinafter more particularly described in Exhibit A and commonly known as the Lands of Teng; and WHEREAS, in 2000 the Lands of Teng were annexed into the Town of Los Altos Hills (the"Town")thereby transferring ownership of the Subject Easement to the Town; and WHEREAS,the City Council of the Town believes the Subject Easement should be vacated and abandoned for the reason that it will be relocated, and that the best interests of the Town will be served by such relocation; and WHEREAS,the City Council of the Town is authorized by Section 8333 of the California Streets and Highways Code to summarily vacate a public service easement if the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS,the City Council of the Town fords that the Subject Easement has been superseded by relocation and there are no other public facilities located within the easement; NOW THEREFORE, the City Council of the Town does RESOLVE that the Town hereby vacates and abandons the Subject Easement described and depicted in Exhibit A, pursuant to the authority contained in Section 8335 of the California Streets and Highways Code; BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded by the Santa Clara County Recorder's Office; #671235v1 • BE IT FURTHER RESOLVED,that from and after the date that this Resolution is recorded pursuant to Section 8336 of the California Streets and Highways Code,the Subject Easement shall no longer constitute a public service easement. PASSED AND ADOPTED thisAday of /Li` a', 2003. By: �i/ Mayor ATTEST: Ci Clerk Certified as a e copy By 4 City Clerk of a Town 8 Los Altos Hills #671235v1 Exhibit A Legal Description of Storm Drain Easement Property and Plat Accompanying Description #671235v1 • SPACE ABOVE THIS LINE FOR RECORDER'S USE DEDICATION FOR STORM DRAINAGE PURPOSES AND AN OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT The undersigned,being the legal owner of the real property hereinafter described,hereby dedicate to public use a storm drainage easement,in,under,over,upon and across the real property hereinafter described. The undersigned further irrevocably offers to dedicate to the County of Santa Clara or its successor agencies and assigns forever for the use of the public a storm drainage easement in,under,over,upon and across the real property hereinafter described,said dedication to be accepted only when the Board of Supervisors or its successor agencies adopt and record in the office of the Recorder for the County of Santa Clara a resolution accepting said storm drainage easement. Until said resolution, is recorded, the County of Santa Clara shall not be responsible for maintaining said easement or any improvements thereon. If any change in alignment,length or width of easement approved by the County of Santa Clara or its sucessor agencies results in vacation of any part of the real property dedicated herein,such vacation shall-terminate the dedication as to the part vacated. The provision hereof shall inure to the benefit and be binding upon the heirs,successors,assigns and personal representatives of the respective parties hereto. Said real property is described as follows: 15' WIDE STORM DRAIN EASEMENT All that real property in the Unincorporated Area, County of Santa Clara, State of California more particularly described as follows: Beginning at the Easterly corner of Parcel 4, and the centerline of. Summerhill Avenue, as shown on the Record of Survey Map, recorded in Book 102 of Maps, at Page 42, Santa Clara County Records; thence leaving said centerline along southeasterly boundary of said parcel South 50 Degrees 53 Minutes 30 Seconds West a distance of 31.05 feet; thence along the Easterly rights of way line North 54 Degrees 03 Minutes 30 Seconds West a distance of 100.56 feet to the true point of beginning and the center of the 15 feet wide easement; thence along said centerline of the easement South 59 Degrees 33 Minutes 43 Seconds West a distance of 89.72 feet; thence South 62 Degrees 34 Minutes 49 Seconds West a distance of 102.45 feet; thence South 75 Degrees 05 Minutes 08 Seconds West a distance of 111.44 feet to the common boundary between parcels 3 and 4 and terminus of the easement. S�OIA�lD C110 B4&/;t\ vT y * N4953 Expires 12-31-01 � F �Q CHECKED FOR ACCURACY AND COMPLIANCE • Of C pi_l WITH COUNTY REQUIREMENTS Name Civi Engineer or Land Surveyor G•S. / (RCE or LS Number) • Date ., , •A, 0-) A PLAT TO ACCOMPANY A DESCRIPTION - T nOs WALE 1--5' j-V _ Gi^OOR7 I •Of• ------....__\ . 1 v O • 4=75'03'33" R=25. 00' L=32.75' ' .\ LANDS OF TENG 'Cr) g \.. �� 15' STORM ORA IN EASEMENT 4.1 a� • �� `_ i o ‘43 N t.") \ 1C i \ oto ' ;'''• . I , Z; W ' I iLlz \ • E 263 23 _ S�j , WESTFALL ENGINEERS INC. 00.4953 s),Expires 12 31-01 �@ I Jl ` 14583 BIC BASIN WAY. SARATOGA. CA 95070 {40E1E67-0244 1 r /F ^ raj©-- .. • I declare under penalty of perjury that the foregoing is true. Date:December 4, 2003 Attest: Place: Town Hall Ci k Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022