HomeMy WebLinkAbout93-03 • •
RESOLUTION NO. 93-03
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF STORM DRAIN EASEMENT
(Lands of Teng)
WHEREAS, Lulu Teng, a single woman("Grantor"), is the record owner of that certain
real property located at 24460 Summerhill Avenue in Los Altos Hills, California("Lands of
Teng"); and
WHEREAS, Section 10-2.504 of the Los Altos Hills Municipal Code authorizes the
Planning Director or Planning Commission, upon recommendation of the City Engineer,to
require dedication of an easement sufficient to accommodate natural or installed drainage
systems; and
WHEREAS,the Town has summarily vacated a fifteen foot wide storm drain easement
("Vacated Easement") over a portion of the Lands of Teng in order to relocate the Vacated
Easement as authorized by Sections 8333 and 8335 of the California Streets and Highways Code;
and
WHEREAS, Grantor has offered to dedicate to the Town a new storm drain easement
("Easement") over a portion of her property; and
WHEREAS, the City Council has determined that acceptance of the Easement satisfies
the requirements of the Code, is in the best interests of the Town, 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 storm drain easement described and
depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to
execute the Grant of Storm Drain Easement on behalf of the Town.
PASSED AND ADOPTED this46a-ay of 2003
BY:
Mayor
A"l1 ST:
City Clerk
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Attachment A
Grant of Storm Drain Easement
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RECORDING REQUEST.E• (attachment A to Resolution 93-03
TOWN,OF LOS ALTOS HILLS DOCUMENT:
-17647053 Pages: 11
1 AND IS EXEMPT FROM FEE Fees. . . . * No Fees
PER GOVERNMENT CODE111111111111111111
Taxes. . .
SECTIONS 6103 AND 27383 Cop i es. .
AMT PAID
WHEN RECORDED MAIL TO: BRENDA DAV I S RDE # 006
Town of Los Altos Hills SANTA CLARA COUNTY RECORDER 3/05/2004
26379 Fremont RoadRecorded at the request of 1 : 14 PM
Los Altos Hills,CA 94022 C i ty
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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. .. RESOLUTION NO. 93-03 _Jt.. F•.
• DOCUMENT TITLE
Resolution of the City Council of the Town of Los Altos Hills Accepting
Dedication of Storm Drain Easement
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SEPARATE PAGE,PURSUANT TO"GOVT.-CODE 27361.6.
Ifni nue _ .,
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RESOLUTION NO. 93-03
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING DEDICATION OF STORM DRAIN EASEMENT
(Lands of Teng)
WHEREAS,Lulu Teng, a single woman("Grantor"),is the record owner of that certain
real property located at 24460 Summerhill Avenue in Los Altos Hills, California("Lands of
Teng"); and
WHEREAS, Section 10-2.504 of the Los Altos Hills Municipal Code authorizes the
Planning Director or Planning Commission, upon recommendation of the City Engineer, to
require dedication of an easement sufficient to accommodate natural or installed drainage
systems; and
WHEREAS,the Town has summarily vacated a fifteen foot wide storm drain easement
("Vacated Easement") over a portion of the Lands of Teng in order to relocate the Vacated
Easement as authorized by Sections 8333 and 8335 of the California Streets and Highways Code;
and
WHEREAS, Grantor has offered to dedicate to the Town a new storm drain easement
("Easement") over a portion of her property; and
WHEREAS,the City Council has determined that acceptance of the Easement satisfies
the requirements of the Code, is in the best interests of the Town, 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 storm drain easement described and
depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to
execute the Grant of Storm Drain Easement on behalf of the Town.
PASSED AND ADOPTED this 4of 2003
•
BY: ---/: -,-;tj
Mayor
A ST:
-
City Clerk Certified as a true copy
.
City Clerk' the To of Los Altos Hills
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Attachment A
Grant of Storm Drain Easement
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(• 410
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 STORM DRAIN EASEMENT
WHEREAS, Lulu Teng, a single woman ("Grantor"), is the record owner of that
certain real property located at 24460 Summerhill Avenue,Los Altos Hills, California;
WHEREAS, Grantor wishes to dedicate to Town of Los Altos Hills, a municipal
corporation("Town"), an easement over that certain real property in the Town of Los
Altos Hills, County of Santa Clara as shown on Exhibit A hereto ("Easement") for water
management and storm water drainage purposes;
WHEREAS, the undersigned have determined that it is in their mutual and
respective interests for the Grantor to grant and for Town to accept the Easement; and
WHEREAS,the Town finds the Easement to be in the best interests of the Town.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions set forth herein and the substantial public benefits to be derived therefrom, do
hereby agree as follows:
1. Grantor does hereby grant, convey and dedicate the Easement to the Town
for water management and/or storm water drainage purposes in,upon, over, and across
that certain real property in the Town of Los Altos Hills, County of Santa Clara as shown
on Exhibit A hereto.
2. The Town agrees that the uses granted herein shall be limited exclusively
to storm drain purposes and those uses incidental to constructing,maintaining, inspecting,
repairing, and operating said storm drain. The Easement includes the right to trim or
remove such trees or brush within the Easement area as may constitute a hazard to
persons or property or may interfere with the use of the said area for the purposes
granted. It also includes the right to enter upon said land with vehicles,tools,
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implements, and other materials,take therefrom and use, earth, rock, sand, and gravel for
the construction, maintenance, and repair of said channel,protection works, and
appurtenant structures by the Town, its officers, agents, and employees and by persons
under contract with it and their employees whenever and wherever necessary for flood
control or storm drainage purposes.
3. Grantor shall keep the Easement clear of any type of building, fences,
structure,pavement, or trees, unless prior written approval is obtained from Town.
4. The Town agrees that Grantor shall have the nonexclusive right to use the
Easement and grant non-exclusive easements over, along, or upon the Easement,
provided however,that any such easements granted by Grantor shall be subject and
subordinate to this Easement, and provided further that Town shall have first consented in
writing to the terms, nature, and location of any such other non-exclusive easements.
5. Grantor reserves the right to use the Easement in any manner that will not
prevent or interfere with the exercise by Town of the rights granted under this Grant of
Storm Drain Easement.
6. All rights,title and privileges being granted to Town by this Grant of
Storm Drain Easement, including all benefits and burdens relating thereto, shall run with
the land and shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, successors, assigns, and legal representatives.
7. Any damage to buildings, structures and landscaping caused by Town, its
employees, contractors or subcontractors during the course of using the Easement shall
be repaired or compensated by the Town or its employees, contractors,or subcontractors.
"Damage" as used in this paragraph shall not include damage from dust and dirt that is
normally associated with construction activities.
8. Nothing in this Easement will be deemed to grant the public a right of
entry upon the Easement property.
9. This Easement shall be effective on the date of recordation of this Grant of
Storm Drain Easement.
10. Nothing contained herein is intended to result in a forfeiture or reversion
of Grantor's fee title.
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IN WITNESS WHEREOF, the parties hereto do hereby execute this Grant of
Storm Drain Easement.
GRANTOR:
'
Lulu Teng
TOWN OF LOS ALTOS HILLS:
Date: I 21 4" , 2003
Mayor
ATTEST:
City Cl-lip
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STATE OF CALIFORNIA )
/�� � ss:
COUNTY OF _Qat (Xitle
On,ii, U. /3 , 20031 before me,the undersigned Notary Public,personally appeared
jf ,personally known to me or 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 they executed the same in their authorized capacity, and that the
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. JENNY TENG
Commission 1 1354975
' -:. Notary Public-California.
ZSanta Clara County
Signature `_, !!sf My comm.Expires
May 4,2006
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Exhibit A
Legal Description of Storm Drain Easement Property
and Plat Accompanying Description
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15 ' WIDE STORM DRAIN EASEMENT
All that real property in the Town of Los Altos Hills, 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 . 16 feet to the True Point of Beginning, and the
center of the 15-foot wide easement;
thence along said centerline of the easement South 65 Degrees 02
Minutes 43 Seconds West a distance of 47 . 99 feet; thence South 42
Degrees 07 Minutes 34 Seconds West a distance of 51 .10 feet;
thence South 52 Degrees 11 Minutes 45 Seconds West a distance of
27 .44 feet; thence South 67 Degrees 30 Minutes 39 Seconds West a
distance of 50 . 97 feet; thence South 56 Degrees 27 Minutes 19
Seconds West a distance of 65 . 13 feet; thence South 85 Degrees 31
Minutes 40 Seconds West a distance of 21 . 82 feet; thence North 72
Degrees 05 Minutes 53 Seconds West a distance of 16 . 97 feet;
thence North 66 Degrees 35 Minutes 44 Seconds West a distance of
16 . 62 feet; thence South 84 Degrees 54 Minutes 20 Seconds West a
distance of 21 . 06 feet to the common boundary between parcels 3
and 4 and the terminus of said storm drain easement, said point
bears South 49 Degrees 47 Minutes 05 Seconds East a distance of
106 .43 feet from the most westerly corner of said Parcel 4 .
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SANTA CLARA COUNTY
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LANDS OF TENG I \
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I declare under penalty of perjury that the foregoing is true.
Date:December 4, 2003 Attest:
Place: Town Hall Ci Cf1;
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022