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HomeMy WebLinkAbout14-09 • • RESOLUTION NO. �-4 0 9 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, Trustee and Elizabeth M. Rizzi, Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990 ("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. PASSED AND ADOPTED thisZit ] "day of , 2009. BY: Mayor ATTEST: Karen Jo dipClerk • 41111 Attachment A to Resolution 14-09 DOCUMENT:• 20223964 Pages 7 Fees. . . . * No Fees This Document Is Recorded111111001111111 Taxes. . For the Benefit of the Copies Town of Los Altos Hills AMT PA 1 D And is Exempt from Fee Per Government Code Sections 6103 and 27383 REGINA ALCOMENDRAS RDE # 007 4/24/2009 SANTA CLARA COUNTY RECORDER10 55 AM When Recorded,Mail to: Recorded at the request of City 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) ktiTHIS IRREVOCABLE OFFER OF DEDICATION is made this �fp&day of , 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"), 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: OWNE'S: Date: 0,- 11-° ,�� Jose. D. 'is Date: 11-- 11'° . • Elizabeth M izzi • • TOWN OF LOS ALTOS HILLS: Date: ��� ""— 2.1.-7/0/ Mayor ATTEST: ' iiKaren Jost, !rk 973520_1 1 • •' • ' • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1State of California J e County of Sa✓vL YY +1{•.- On t.... n, -2,51:17 , before me, lr .. Irr iS .l Nfo f� -13A-66--C-i. • Date 11 Name and Title of Officer(e.g.,"Jane Doe,Not ry Public") , d' ersonallY apPeared J o5 rkDe+ .It, E( nn , 1 Name(s)of Signer(s) lG C7"per nally known to me , roved to me on the basis of satisfactory 1 evidence e ` to be the person(s) whose name(s) -is/are 'J e subscribed to the within instrument and .5 e acknowledged to me that 14e44a/they executed • the same in his/her/their authorized �' GRETA HARRISON capacity(ies), and that by h4&. ea/their ;'� -.._,_tip Commission # 1789141 signature(s) on the instrument the person(s), or iy �;;a. Notary Public -California I the entity upon behalf of which the person(s) lt,�"117 San Mateo County - acted, executed the instrument. IA comm. feb 14,2012 y IW _#S hand ,official seal. [ Place Notary Seal Above - Signature of Notary Public 1 OPTIONAL J < 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. :7) Description of Attached Document! ,��p (� I '' II �� Title or Type of Docu ent: lrfe I Ot r__:,. -1,b_ Vit tamed It"�t' ( -' „.._ vim l Lis IR -os --i i(� CCC!!! l(A Document Date: Number of Pages: � 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT ❑ Individual OF SIGNER J (; Top of thumb here , 0 Corporate Officer—Title(s): a ❑ Partner—❑ Limited 0 General .j (e ❑ Attorney in Fact ) • ❑ Trustee ❑ Guardian or Conservator 1 0 Other: 4 Signer Is Representing: J a1 y-_ ar:er"7r, er er erg; - _ er-.-,•,v^ _ .err _ _ .rr erg-a7^�.- 'fl' ^d '• - - - •"� 01999 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 for Street Dedication and Plat Accompanying Legal Description • • EXHIBIT "A" Legal Description of an Irrevocable 40'wide Street Dedication 12615 Miraloma Way Los Altos Hills, California Portion of A.P.N. 336-16-002 The easement described herein is granted and shall be utilized for public road right of way purposes. 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 the most easterly corner of said Lands of Rizzi, said point being also located on the southeasterly line of Miraloma Way, as shown upon that certain parcel map which was filed for record in Book 621 of Maps, at Page 6, Santa Clara County Records,thence, southwesterly along the southeasterly boundary line of said Lands of Rizzi, said line being also the southeasterly line of Miraloma Way, South 49°56'00" West, 187.61 feet,to the southerly most corner of said Lands of Rizzi; Thence, leaving said southeasterly line of Miraloma Way, along the southwesterly boundary line of said Lands of Rizzi,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 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, 40.01 feet, to POINT OF BEGINNING; Containing 7,505 square feet,more or less, as shown on the plat attached hereto and made a portion hereof. End of Description. , ' Date: 12.12.��ag gm 7078 %'` z )241c.0 c .+Aw A : Mark A. Helton L.S. 7078 License Expires 12-31-10 A P 1\J 338- 21- 00-4 • S8121'00"E 10.98' AP1\J 336- 15- 005 ', LEGEND •,-'09 ( ) RECORD DATA IN CONFLICT '00' nWITH CALCULATED DATA. 711111 p 90 , SCALE: 1"=80' m r-. 41 ^ \ IM I ��r'1�1 LAiN.D S Or R _17.7J r r 338— 1 c OO,:� \PJ\J .=3,=38- 1e—OO r'r�r� ,�r r C rL 1 LAND 3I I 821 LI & v s 0 cf, 7 /� a `sem Z 1§3 o o al Z a NO. L7078 v tz co \* EXP. 12-31-10 * W vi �9T' OF A,I,XT- W to I Z^0 Lai A W N 6* I II ��^ ZQ ( •Lf) m•U� ocnz ceoNtnW1----2.--3-6?� W 0� et Ok00 ci N49'56'00"E ' 187.61' W W'" / / ,% j/ /i / / / / - '6. 'Mir aioma / /Wa/ - ----'7,/,-7 / /,, ,/,--,//,/,- /,/,, '/� S49'56'00"W 187.61' POINT OF 1--- 1 BEGINNING AP1\J 338- .18-00c3 APN 338)- 18-009 r:° Giuliani X1111 Inc. SCALE: 1"=80' PLAT TO ACCOMPANY t: 9 DATE: 12/17/08 LEGAL DESCRIPTION Engineers 4 Planners=o. Surveyors.;.':,. DRAWN: E.T. 40' STREET 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: C.M. DEDICATION (408) 615-4000 Fax (408) 615-4004 JOB NO.: 12/23/08 Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS, CALIFORNIA F1\2000\00233\dwg\00233p1at2.dwg 11/6/2008 2157152 PM PST •) RESOLUTION NO. 14-.0 9 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, Trustee and Elizabeth M. Rizzi, Trustee of the Joseph D. and Elizabeth M. Rizzi 1990 Family Trust dated September 27, 1990 ("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. PASSED AND ADOPTED thisj "day of ka,yek-. , 2009. BY: Mayor ATTEST: Karen Jo-41; Clerk Certified as a true copy • ' By �4 . Ci 'Clerk of the own of os Altos Hills