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HomeMy WebLinkAbout13-09 • • RESOLUTION NO. 13—0 9 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Rizzi) WHEREAS, 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"), are the owners of the property commonly known as 12615 Miraloma Way, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway 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 Pathway Easement attached to this Resolution as Attachment A. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement. PASSED AND ADOPTED this ZVlay ofOdi , 2009. BY: � Mayor ATTEST: Karen Jost, 45 k Attachment A to Resolution 13-09 Ib DOCUMENT: 20223963 Pages: 7 Fees. . . . * No Fees This Document Is Recorded For the Benefit of the Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code RDE # 007 Sections 6103 and 27383 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER 4/24/2009 When Recorded Mail to: Recorded at the request of 10:55 AM City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Rizzi) THIS GRANT OF EASEMENT is made this Zp day of'A( /WL., 2009, 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"), owners of the property commonly known as 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 grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use, together with right of access thereto, on, under, over, along and through 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 ("Easement"). Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. [Next Page] li ._ • • IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OW ERS: Date: 11-11—Q i Jo -; , :. = 'zzi Date: (Z" [1- c3.6 ��'' Elizabeth .Rizzi TOWN OF LOS ALTOS HILLS: Date: J7' -z.6-09' �� Mayor Karen Jost, Ilrk ., • I • I . i5. • CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT T-- Pp State of California ss. County of Sc &e.-o On-DLit,. II, 2-0Ogj , before me, 6+ zeAri.. t .rf-i56-1(•_, , j.lo ? JP Date Name and Title of Officer(e.g.,"Jane Dde,Notary Public ) I' ,1 personally appeared �- �- • zzv ,4 ' ' i2.i i✓ Name(s)of Signer(s) Ni< nally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/are 0 r. subscribed to the within instrument and f• GRETA HARRISON acknowledged to me that+iefsf.re/they executed ,�, ! Commission # 1789141 the same in their authorized 1 < . ., --`�8_ Notary Public -California i capacity(ies), and that by hia/l to/their Z {4; San Mateo CountyP `I?'. signature(s) on the instrument the person(s), or P. 1 tir ,Com Y''Expires Feb X4'2012 the entity upon behalf of which the person(s) acted, executed the instrument. 7 WITN SS han nd official seal. 1 9 r. Place Notary Seal Above Signat a of Notary Public 0 OPTIONAL ( Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y • r Title or Type of L , 4--Document: rtis ?Q e&5e Me_y C Ab +.. o-vt 1 Document Date: Number of Pages: 0 Signer(s) Other Than Named Above: r • Capacity(ies) Claimed by Signer 9(�� Signer's Name: RIGHT THUMBPRINT ',J •` ❑ Individual OFSIGNER Top of thumb here 0 Corporate Officer—Title(s): 0 Partner—❑ Limited ❑ General ❑ Attorney in Fact p ❑ Trustee ' ❑ Guardian or Conservator ❑ Other: 1 1 Signer Is Representing: t4!aC,; rrr5 i �, J.e�K`eir-rr.yr,�.ye-e/.aa� - �4-Win-,:,- ey cv'evrCr7 e'er-err-- - , •v ate..ev- - v;o ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • Exhibit A • Legal Description of Pathway Easement and Plat to Accompany Legal Description • , • EXHIBIT "A" Legal Description of a 10'wide Pathway Easement 12615 Miraloma Way Los Altos Hills, California Portion of A.P.N. 336-16-002 All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of land over the Lands of Rizzi, as described in that certain Grant Deed,recorded as Document No. 12183726, Santa Clara County Official Records, and being more particularly described as • follows: BEGINNING at a point on the northeasterly boundary line of said Lands of Rizzi, said point being located North 38°49'00" West, 16.00 feet, from the most easterly corner of said Lands of Rizzi; Thence, from said Point of Beginning, southwesterly, along a line parallel, and 16.00 feet distant, measured at a right angle, with the southeasterly boundary line of said Lands of Rizzi, South 49°56'00" West, 187.61 feet,to a point on the southwesterly boundary line of said Lands of Rizzi; Thence, along the southwesterly boundary line of said Lands of Rizzi,North 38°49'00" West, 10.00 feet, to a point, on a line parallel, and 26.00 feet distant, measured at a right angle, with the southeasterly boundary line of said Lands of Rizzi; Thence, along the last mentioned parallel line,North 49°56'00" East, 187.61 feet,to a point on the northeasterly boundary line of said Lands of Rizzi; Thence, along the northeasterly boundary line of said Lands of Rizzi, South 38°49'00" East, 10.00 feet, to POINT OF BEGINNING; Containing 1,876 square feet,more or less, as show on the plat attached hereto and made a part hereof. End of Description. Date: 12/2 3/vg t Mark A. Helton ��, 311 0 L.S. 7078 � ,� License Expires 12-31-10 • . 1 A P N ' 336- 21- 004 S8121'00 E 10.98' APi\J 338- 15-005 e". ,0F LEGEND I, .eggo , ( ) RECORD DATA IN CONFLICT WITH CALCULATED DATA. . 21‘, I sas, SCALE: r= \ VI I.., \ I Id \ APj\J 336- 16-003 --Jr RJ�fJ . PARCEL 1 APiN 336- 16-`DO2 621 _IV E-7--) St 7 I I i, LAND S 1 I zi N0. L7078 2 W :I'' * EXP. 12-31-10 W IP‘A 6. 9�1s' OF/' 1'. • 3-}1 I W ,` Wci)W COc oW 11 I Z kWN RFad ��^�3 ,Qf 0 pQ 0 Q. WOE' WWp O O N49'5600E ' 187.61 — /L' : /; = _/4V — -f-- Miraloma W y S49 56'00"W 187.61' 16.00'4 — S49 56'00"W :11187.61' 0 APj\J 33a- 16- oo3 qAPN 336-- 16-009 r dp.. Giuliani & Sull Inc. SCALE: 1"=80' PLAT TO ACCOMPANY DATE: 12/23/08 LEGAL DESCRIPTION . Engineers • Planners.• Surveyors.,rt; r DRAWN: E.T. 10' -PATHWAY 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: ' C.M. EASEMENT (408) 615-4000 Fax (408) 615-4004 JOB NO.: 00233 Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS. CALIFORNIA F1\2000\00233\dwg\00233pLat2,dwg 11/6/2008 2157152 PM PST • • RESOLUTION NO. 13-0 9 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF.A PATHWAY EASEMENT (Lands of Rizzi) WHEREAS, 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"), are the owners of the property commonly known as 12615 Miraloma Way, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS,the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway 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 Pathway Easement attached to this Resolution as Attachment A. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement. PASSED AND ADOPTED this Zlay of��fiV , 2009. dt4L1ALdoBY: Mayor ATTEST: Karen Jost, 416 k Certified ccpY B Y r ;{„:.,;cf' ..3 Town of is Altos Hills