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HomeMy WebLinkAbout23-99 • • • • RESOLUTION NO. 23-99 -� RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING IRREVOCABLE OFFER OF DEDICATION OF INTEREST IN LANDS OF WHEATLEY WHEREAS, ROBERT WHEATLEY and LISA WHEATLEY, ("Wheatley")have offered to dedicate an easement to the Town on the Lands of Wheatley; and WHEREAS, the City Council of the Town has read. and considered that Irrevocable Offer of Dedication of Storm Drain Easement. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows : 1. The City Council of the Town of Los Altos Hills hereby acknowledges the Irrevocable Offer of Dedication. The Town chooses not to accept this offer at this time, but reserves - the right to accept the Irrevocable Offer of Dedication by resolution of the City Council at any time in the future. 2 . The City Clerk is hereby directed to record the Irrevocable Offer of Dedication executed by Wheatley. PASSED AND ADOPTED this 6th day of May , 1999. By: 0. Mayor • ATTEST: City Clerk 3\lah\res\wheat-ar.res • • This Document is Recorded For the Benefit of the CONFORMED COPY: This document has Town of Los Altos Hills not been compared with the original. And is Exempt from Fee SANTA CLARA COUNTY.RECORDER Per Government Code Sections 6103 and 27383 When Recorded, Mail to: Doc#: 14814002 5/17/1999 11 :35 AM Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk IRREVOCABLE OFFER OF DEDICATION OF STORM DRAIN EASEMENT This Irrevocable Offer of Dedication of Storm Drain Easement ("Offer of Dedication") is granted by ROBERT WHEATLEY and LISA WHEATLEY, husband and wife, as community property, ("Owners" ) in favor of the Town of Los Altos Hills, a municipal corporation of the State of California ("Town" ) , effective as of the date of execution. RECITALS A. Owners own property commonly known as 26644 Purissima Road, located adjacent to Purissima Road in the Town of Los Altos Hills, California. B. Owners desire to dedicate a storm drain easement in this property to the Town. C. Town does not wish to accept this Offer of Dedication at this time, but wishes to reserve the right to accept the Offer of Dedication in the future. 1 3\lah\re\wheat.ode • • NOW, THEREFORE, Owners declare as follows : 1. Storm Drain. Owners hereby irrevocably offer to dedicate to the Town a perpetual right and nonexclusive easement for the purposes of constructing, installing, using, maintaining, and repairing a storm drain system and related facilities, together with a right of access thereto, on, under, over and along the real property described on Exhibit A attached hereto (the "Property") . 2 . No Implied Acceptance. Owners understand that this Offer of Dedication can only be accepted by Resolution of the City Council of the Town pursuant to California Government Code Section 7050, and that recordation of this Offer to Dedicate shall not and will not constitute acceptance of this Offer of Dedication. 3 . Irrevocability; Binding Effect. This Offer of Dedication shall be irrevocable, and shall run with the land and be binding upon the heirs, representatives, successors and assigns of Owners . The provisions of this Offer of Dedication shall inure to the benefit of all successors and assigns of the Town. IN WITNESS WHEREOF, Owners have executed this Offer of Dedication on the dates set forth below. Date : Ara -" , 1991 RO;ERT W ATLEY 111 __ LI A WHEATLEY If 2 3\lah\re\wheat.ode • • STATE OF CALIFORNIA ) ) ss : COUNTY OF�,)�� Gary ) On 4p(n ( J , 1998, before me, the undersigned Notary Public, personally appeared ROBERT WHEATLEY, personally wn t_o 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 he executed the same in his authorized capacity, and that by his 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 . a `s ComSZAoNnE DAVIS10 74 5 My Comm.Expires Dec 17.1999 STATE OF CALIFORNIA ) ss : COUNTY OF Sct')f Cf ara ) On h ( Co , 1998, before me, the undersigned Notary Public, personall appeared LISA WHEATLEY, T 11y kno o--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 she executed the same in her authorized capacity, and that by her 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 . .44> SUZANNE DAVIS l Commission#1081074 z Z 44`' SaniaClaraCounty — — _ My Comm-Eupires Dec17,1999 3 3\1ah\re\wheat.ode 0 _ S \ \ rya SSlZ IY \ Q •\ �'` Np \ moo. O\,/ :',,� EXP :21-83700 xk 4)`-' \\ <3 ./ G``VV/ �\ civ \• \J. \T OF CPQ-:,. 0. \ / o tP / No \. "0 .0S ��'� o. \ C/,^- �� !� \'\/.(1 _ \`�� \O 3°' N. \ \!/ \\�^N�• 30' STORM DRAIN EASEMENT '\L� \vP m\\rte \ \v \\ 2�L•S 2. O P.O.B. Na'.-\\� \\ \\. \ \ ti \\ \\;ss,, ,l • L Ni' o'9SNd- ?, • i \c'• \ rk� — ✓ t . N .9 N'-'/- \ S�� IN) A-\ \ N� \\\ )411 \3 1 a�2� 1 i ,4 0 30 60 120 Gi Sys (0OO •' . `.! SCALE' 1" - 60' �7 77 EXHRIT A . . / LEA & SUNGENGINEEFNGLINC. WH E A TLE Y RESIDENCE CIVIL ENGINEERS • LAND SURVEYORS 26644 PURISSIMA EDEN LANDING ROAD, SUITE 2 ROAD CA HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS (510) 887--4086 FAX (510) 887-3019 97378PLT • • 97378 Legal Description - Storm Drain Easement (Wheatley) A strip of land 30.00 feet in width, measured at right angles, lying entirely within the __Lands of Wheatley as shown on that certain Record of Survey recorded in Volume 626 of Maps at Page 14, Santa Clara County Records, lying entirely within the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, described as follows: Beginning at a point on the Northwesterly line of said Lands of Wheatley, said point bearing North 54° 08' 00" East, 43.25 feet from the most Westerly cornerof said lands; thence along said Northwesterly line, North 54° 08' 00" East, 30.17 feet; thence South 29° 44' 36" East, 81.34 feet; thence South 52° 51' 11" East, 101.95 feet to a point on the Southeasterly line of said Lands of Wheatley; thence along said line, South 55° 49' 24" West, 31.67 feet; thence North 52° 51' 11" West, 97.94 feet; thence North 29° 44' 36" West, 84.26 feet to the point of Beginning. oe��Ess, � to '�,oFAEY'E 1 �f;- `\ � W. NO. 31878 3`,\3 ; s - C - * iikj\' Oe/ �- ,A :l