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HomeMy WebLinkAbout31-09 • • RESOLUTION NO. 31-0 9 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE OFFER OF DEDICATION OF RIGHT-OF-WAY (Lands of Zhu and Xu) WHEREAS, Min Zhu and Yu Qing Xu, as Trustees of the Zhu-Xu 2006 Trust dated August 1, 2006 ("Owners"), own the property commonly known as 24920 La Loma Court, 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 La Loma Court 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. IP t41-1 PASSED AND ADOPTED this Z O day of , 2009. BY: Mayor ATTEST: Karen Jost, City 4111a Attachment A to Resolution 31-09 i DOCUMENT: 20275953 Pages: 7 Fees. .,. . * No Fees This Document Is Recorded 01Taxes. . . For the Benefit of theIII Cop i es. Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code Sections 6103 and 27383 REGINA ALCOMENDRAS RDE # 004 SANTA CLARA COUNTY RECORDER 6/02/2009 When Recorded,Mail to: Recorded at the request of 11 :06 AM 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 Zhu and Xu) THIS IRREVOCABLE OFFER OF DEDICATION is made this 6 day of , 2009, by Min Zhu and Yu Qing Xu, as Trustees of the Zhu-Xu 2006 Trust dated Augus 1, 2006 ("Owners"), the owners of the property located at 24920 La Loma Court, 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: x+'/30 Min Zhu 4. / 30 / Date: r Yu Qring Xu • TOWN OF LOS ALTOS HILLS: Date: 08 - Mayor ATTEST: Karen Jost, lip rk 973520 1 • State of California ) County of Santa Clara ) On 04130/2009 before me, SIEW LOH, NOTARY PUBLIC , personally appeared ***MIN ZHU AND YU QING XU*** 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 they executed the same in their 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 Official seal. SignatureL�. (Seal) sli:w lora _ "'"° Commission#1590445 ' Notary Public-California k 449' Santa Clara County rn My Comm.Expires Jul l 2,2009 Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description • . .', EXHIBIT "A" I', LEGAL DESCRIPTION 10' WIDE RIGHT-OF-WAY DEDICATION LOS ALTOS HILLS, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 3, AS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED TRACT NO. 1275"TOYON HILLS ESTATES," FILED FOR RECORD MAY 10, 1954, IN BOOK 48 OF MAPS AT PAGE 56, SANTA CLARA COUNTY RECORDS, ALSO BEING A PORTION OF THE PARCEL OF LAND AS DESCRIBED IN DOCUMENT NUMBER 19150858, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 3, AS SHOWN ON SAID TRACT MAP, ALSO LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LA LOMA COURT: THENCE, ALONG THE NORTHERLY LINE OF LOT 3, THE FOLLOWING THREE (3) COURSES: 1. SOUTH 49°39'33" EAST, 9.77 FEET; 2. ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'33", AN ARC DISTANCE OF 24.89 FEET TO A POINT OF REVERSE CURVATURE; AND 3. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 103°41'11", AN ARC DISTANCE OF 72.39 FEET TO THE NORTHEASTERLY LINE OF THE PARCEL DESCRIBED IN DOCUMENT NUMBER 19150858; THENCE, ALONG SAID NORTHEASTERLY LINE, SOUTH 49°39'33" EAST, 10.61 FEET: THENCE, LEAVING SAID NORTHEASTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. ALONG A NON-TANGENT CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS, NORTH 32°14'30"WEST, 50.00 FEET, THROUGH A CENTRAL ANGLE OF 108°14'30", AN ARC DISTANCE OF 94.46 FEET TO A POINT OF REVERSE CURVATURE; 2. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 35°39'33", AN ARC LENGTH OF 18.67 FEET;AND 3. NORTH 49°39'33"WEST, 4.18 FEET TO THE WEST LINE OF SAID LOT 3; THENCE, ALONG SAID WEST LINE, NORTH 11°06'48" EAST, 11.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1,122 SQUARE FEET, MORE OR LESS. (------- (in - LANDPREPARED ON APRIL 7, 2009 ,S` REVISED ON APRIL 28, 2009 LC ENGINEERING � om H. Milo 6\ No. 6438 a * Exp. 12/31/2010. * TOM H. MILO LS 6438 EXPIRATION DATE 12/31/2010 \\'''-e/L9'1---°-4- ya . SHEET 1 OF 2 STATE OF CALIFORNIA SANTA CLARA COUNTY TOWN OF LOS ALTOS HILLS sA9° LOT 1 39 APN 336-32-030 296 4. LOT 2 •6,5: -- ...,�Qy, APN 336-32-029 7'zq NI /[v9\,„2.751, FOB •�, �-, (' N11'06'48"E g'9 11.46' ry > '3933 .� • N49'39'33"W I ,4 F \, 4.18' s.5t9 3 1'x30' PUE 6 9 BK.48 PG.56 //kr j�00`3 F PORTION OF LOT 3 R=30.00', L=18.67' '6/> APN 336-32-028 D=35°39'33" : R=40.00' R=40.00', L=24.89' L=72.39' D=103°41'11"'\ D=35'39'33" 10' WIDE RIGHT OF WAY R=50.00' \ DEDICATION - 1122 SF.± I L=94.46' ......-- D=108°14'30" ,;D=108°14'30" ..1.----- ---- ------::::::-------- \ Ln- LOT 4 1 , , , - 10' PIPE LINE \o APN 336-32-025 EASEMENT \o -; ,-- \-(:):0.� BK.48 PG.56 PORTION OF LOT 3 -- I APN 336-32-027 I z \cr' Igg- PORTION OF LOT 3 ' LEGEND : ``n' I oo TRACT NO. 1275 \Z'3% N. �Q\`v"" �'4N0 I m TOYON HILL ESTATES PARTITION \\ POB POINT OF COMMENCEMENT C.' SG BOOK 48 OF MAPS, PAGE 56 R/W RIGHT OF WAY .0 'AL I .P. LANDS OF XU \ PUE PUBLIC USE EASEMENT Tom H. Milo i2 12 DOC. # 19150858 0_ a 1 if, APN 336-32-026 \ No. 6438 x \ * Exp. 12/ 1/2010 4\ I \ q\ �CO., 10' PUE \ r +� ��\ [ BK.48 PG.56 \ N77'30 00, A 249.59' EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION ENGINEERING 10' WIDE RIGHT OF WAY DEDICATION LANDS OF XU 2118 Welsh Avenue,Ste 120 24920 LA LOMA COURT` Santa e:(oat 06- 0 Los Altos Hills APN 336-32-026 California =...7,411"Fax.(4o8)583-4006 SCALE1, _ 60' DATE:04/20/09 DRWG. NAME: PROJECT NO. SHEET 2 OF 2 • 4110 RESOLUTION NO. 31- 9 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE OFFER OF DEDICATION OF RIGHT-OF-WAY WHEREAS, Min Zhu and Yu Qing Xu, as Trustees of the Zhu-Xu 2006 Trust dated August 1, 2006 ("Owners"), own the property commonly known as 24920 La Loma Court, 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 ofa 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 La Loma Court 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. P-et PASSED AND ADOPTED this (-4) day of 2009. BY: Mayor ATTEST: Karen Jost, Ci 410entified as a tiv• copy By `/ .. / Ci Clerk of ► own a Los ,ltes Hills