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HomeMy WebLinkAbout64-11 • • RESOLUTION NO. 64-11 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 Rizzi) WHEREAS,Joseph D. Rizzi and Elizabeth M. Rizzi ("Owners"), own the property commonly known as 12615 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 WHEREAS, the City Council has rejected this offer of Dedication 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 7th day of December; 2011 by the following vote: AYES: Summit, Larsen, Mordo, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: .,( / Ginger uumm , Mayor Resolution No.64-11 Page 1 • ATTEST: eborah Pa.ovan, City Clerk Resolution No.6441 Page 2 • • 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 Rizzi) THIS IRREVOCABLE OFFER OF DEDICATION is made this � day of I$ CClY4'b Y , 2011, by Joseph D. Rizzi, Trustee and Elizabeth M. Rizzi, Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990 ("Owners"), the owners of the property located at 12615 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: fOr7 ! ( � ►.�. Jos,ir D. ' •.zi Date: is— 7— // Elizabeth M. Rizzi Resolution No.64-11 Page 3 • • TOWN OF LOS ALTOS HILLS: Date:‘beeenibr 21doli , . / Ginger:ummit, Mayor ATTEST: / ,/// Deborah L. Padovan, City Clerk 973520_1 Resolution No.64-11 Page 4 • • State of California ) County of Santa Clara ) On ©c) ?, 7iD < ( before me, $jte kMOLAla N°1114 , personally appeared jOSVPf-P . 0,0 e-2-7is /I /1. Rs Z 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 theyexecuted the same in their g 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 o ial Signature (Seal) �" BRUCE KgMOLNICK �V, Commission r 1.,4552 "��'! Notary Public-Caifrnia Santa Cruz County M Comm.Expires Jul 17,2015 Resolution No.64-11 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: December 8, 2011 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution No.64-11 Page 6 • • Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution No.64-11 Page 7 • • ..‘ruto EXHIBIT "A" fo , IS ma 2i': Legal Description of ltd � �//z . 40' Street Dedication for a '': Portion of the Lands of Rizzi — ' 12615 Miraloma Way Los Altos Hills, California12 �/ 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: Beginning at the most easterly corner of that certain 1.00 acre parcel of land, and said point also being the most southerly corner of that certain 2.10 acre parcel of land, as both parcels of land are shown upon that certain Record of Survey, which was filed for record on August 30, 1949, in Book 23 of Maps, at Page 45, Santa Clara County Records; Thence, along the southeasterly boundary of said 1.00 acre parcel of land, South 49°56'00" West, 74.00 feet, to the most southerly corner of said 1.00 acre parcel of land; Thence, northwesterly along the southwesterly boundary of said 1.00 acre parcel of land, North 38°49'00" West, 40.01 feet, to a point on a line parallel, and 40.00 feet distant, measured at a right angle,with the southeasterly boundary of said 1.00 acre parcel of land; Thence, along said parallel line, North 49°56'00" East, 74.00 feet, to a point on the northeasterly boundary of said 1.00 acre parcel of land; Thence, along said northeasterly boundary, South 38°49'00" East, 40.01 feet, to the POINT OF BEGINNING. Containing an area of 2,960 square feet, more or less. END OF DESCRIPTION. Attached to this legal description is a plat showing this street dedication, which is made a part hereto. Basis of Bearings: This description is based upon record information shown upon that certain Record of Survey, which was filed for record on August 30, 1949, in Book 23 of Maps, at Page 45, Santa Clara County Records, State of California. Sheet 1 of 2 Sheets Resolution No.64-11 Page 8 • • lse �9 LAND 4., IVN01 P/ o E� NO. L7078 14 *�IDO'. 12-31-12 * — A01• te\ 4� 9�4 ' ' CALM°4 LEGEND I �— — — — PROPERTY LINE I LOT LINE REMOVED Q EASEMENT LINE 3 M` ( ) INDICATES RECORD INFORMATION IN r CONFLICT WITH CALCULATED DATA I 3 I C IO -41 2 0 1� J EX. 40' STREET Q SCALE: 1''=100' DEDICATION CC (621 M 7) - EX. 30' INGRESS & 1 EGRESS EASEMENT (DOC. NO. 12183726) I I I I h 1 PARCEL 1 0 O 1621 M 6 & 7 o O I QO �h/ , S38'49(00"E _ _ 430.74' (430.711 l -4 ¢EX POLEUNE EASEMENT(ON INDn1) I II 4.— A� p�' (13is OR 445)CV I GR�E BI� {—- 1456 OR 73) Q� eV J� APN 3�6-16-002 I III (N Q ti°� 310 A� PARCEL EASDUETTHWAYI II ,_,,a_ — _ '� �J�h GROSS AREA•= 3.10± AC (D {20223963)1 JI I co 16.00' - ppp 0� NET AREA 1= 1.931 AC. Ex. 40'STREET I Ii I 'N :h I LOT LINE REMOVED WA LOT (Doc. {20223964)I II ��� �p� '(&) �� (MERGER (DOC. NO. 21211246) POINT OF I II I o �} 10.98' 10 PG&E EASEMENT ¢EX POLELINE EASEMENT(NO WIDTH) BEGINNING - I n) ��(DOC11p46247) (1571 OR 455) cr, 1,11' co �0p S38'49'00"E 548.89' pL 30'iNGRE55&iI!% I Q \ !c�' ` EGRESS EASEMENT- 1' Q��1 ev r0'g At` ¢EX POLEl1NE EASEMENT(NO MOTH)JAI APN 336-16-003 (1571 OR 455) 8 OIn - ,�� 0571 OR 455) i . 40'STREET DEDICATION // , z _ ( ARFA=296qt � 1 •.1 1 N38 49'00"W 631.15' APN 336-16-052 APN 336-16-004 I I r ♦ Giuliani & gull IIIc. SCALE: 1"=1 00' PLAT TO ACCOMPANY DATE: 9/28/2011 LEGAL DESCRIPTION Engineers • Planners • Surveyors DRAWN: E.T. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: R.R. 40' STREET DEDICATION OVER (408) 615-4000 Fax (408) 615-4004 JOB NO.: 00233 PORTION OF 12615 MIRALOMA WAY Auburn • San Jose • Oakdale SHEETS: 2 OF 2 LOS ALTOS HILLS, CALIFORNIA F1\2000\00233\dwg\00233p1at,dwg 3/16/2011 915157 AReRai[ition No.64-11 Page 9