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HomeMy WebLinkAbout43-14 RESOLUTION 43-14 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of ISCA Assets 15, LLC) WHEREAS, ISCA Assets 15, LLC ("Owner"), is the owner of the property commonly known as 27640 Sherlock Road, Los Altos Hills, California; and WHEREAS, Owner has 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. 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 16th day of July, 2014 by the following vote: AYES: Radford, Corrigan, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: Harpootlian BY: �, �� John Radford, Mayor ATTEST: - - Deborah Padovan, City Clerk Resolution 43-14 Page 1 Attachment A 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 GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of ISCA Assets 15, LLC) THIS GRANT OF EASEMENT is made this it day of u.o , 2014, by ISCA Assets 15, LLC ("Owner"), owner of the property commonly known as 27640 Sherlock Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owner does hereby offers 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. Owner 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] Resolution 43-14 Page 2 • • IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this grant of the Easement as follows: O ER/: Date: ISCA Assets 1 , LLC By: Amit Heller, Manager TOWN OF LOS ALTOS HILLS: Date: 7//7 John Radford, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 43-14 Page 3 State of California ) County of c6, J� 1L On I k 12 o N before me, I-I c Ake-c uG r%n 4qn —Kt r, , notary public, personally appeared Pm , + Heller who proved to me on the basis of satisfactory evidence to be the personKwhose name< are subscribed to the within instrument and acknowledged to me thatpe� executed the same in tViK&horized capacities, and that by tku 1r signature,%"on the instrument the person,s!or the entity upon behalf of which the personsiacted, 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.._ ,� 71 HEATHER HARRiNGTON-KING ' ? C!IA.1M :#2052755 c 9L ' - NOTARY PUBLIC • CALIFORNIA y Signature ' Seal � ' : SAN M . a ATEO COUNTY fMy commission expires January 17,2018 Resolution 43-14 Page 4 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On July a, 2014, before me, Deborah L. Padovan,Notary Public, personally appeared John Radford, who 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. 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. DEBORAH L. PAOOVAN Commission 1929787 z Notary Public-California z Sonoma County a Signature: (Seal) My Comm.Expires Apr 19,2015 Resolution 43-14 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. O&kl(�$Wvw- � - - Deborah Padovan, City Clerk Date: July 18, 2014 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 43-14 Page 6 0 Certified as a true copy RESOLUTION 43-14 Qy —WW City CI %Of.M8 Tovin of Lcs Alts u; is RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of ISCA Assets 15,LLC) WHEREAS, ISCA Assets 15, LLC ("Owner"), is the owner of the property commonly known as 27640 Sherlock Road, Los Altos Hills, California; and WHEREAS, Owner has 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. 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 16th day of July, 2014 by the following vote: AYES: Radford, Corrigan, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: Harpootlian BY: John Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 43-14 Page 7 Resolution 43-14 Page 1 Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description Resolution 43-14 Page 8 LEGAL DESCRIPTION FOR PATHWAY EASEMENT LANDS OF ISCA ASSETS 15, LLC 27640 SHERLOCK ROAD LOS ALTOS HILLS, CA That portion of the parcel of land in the Town of Los Altos Hills, County of Santa Clara, State of California as described in the deed to Marco Boerries and Andrea Boerries recorded February 24, 2000 as Document Number 15159741 in the Recorder's Office of said County and State described as follows: BEGINNING at the northerly terminus of the course labeled as "North 34005'00"East 193.9 feet" as shown on said Boerries Deed, said northerly terminus also being the most easterly corner of the 1.90 acre tract as described in the deed to Ray C. Davis recorded May 18, 193 8 in Book 874 of Official Records at Page 393; thence along the northeasterly boundary of said Boerries parcel South 34°45'00" East a distance of 57.76 feet; thence leaving said northeasterly boundary South 29°40'41" East a distance of 90.08 feet to the beginning of a curve concave northeasterly having a radius of 155.00 feet; thence southeasterly along said curve through a central angle of 31°36'12" an arc length of 85.49 feet; thence South 61°16'53" East a distance of 46.96 feet; thence South 30°32'41" East a distance of 20.26 feet to the beginning of a curve concave northeasterly having a radius of 435.00 feet; thence southeasterly along said curve through a central angle of 8°11'30" an arc length of 62.19 feet; thence South 38°44'11" East a distance of 12.53 feet to the beginning of a curve concave southwesterly having a radius of 400.00 feet; thence southeasterly along said curve through a central angle of 3°28'12" an are length of 24.22 feet; thence South 3595'59" East a distance of 19.51 feet to a point on the southeasterly line of said Boerries parcel, said point bearing South 34°16'08" West a distance of 67.09 feet from the most easterly corner of said parcel; thence along said southeasterly line South 34°16'08" West a distance of 14.60 feet; thence leaving said southeasterly line North 35°15'20" West a distance of 49.80 feet to the beginning of a curve concave southwesterly having a radius of 92.73 feet; thence northwesterly along said curve through a central angle of 17°23'51" an are length of 28.16 feet to a point of reverse curvature to which a radial line bears North 37020'49"East; thence northwesterly along a curve, concave northeasterly having a radius of 25.00 feet, through a central angle of 25°06'27" an arc length of 10.96 feet; thence North 27°32'44" West a distance of 31.18 feet to the beginning of a curve concave southwesterly having a radius of 77.24 feet; thence northwesterly along said curve through a central angle of 21'28'19" an arc length of 28.95 feet; thence North 49°01'03" West a distance of 0.85 feet to the beginning of a curve concave southwesterly having a radius of 30.00 feet; thence northwesterly along said curve through a central angle of 12°47'03" an are length of 6.69 feet; thence North 61'48'06" West a distance of 33.02 feet to the beginning of a curve concave northeasterly having a radius of 147.26 feet; thence northwesterly along said curve through a central angle of 31°37'58" an are length of 81.30 feet; thence North 30°10'07" West a distance of 104.23 feet to the beginning of a curve concave southwesterly having a radius of 74.88 feet; thence northwesterly along said curve through a central angle of 31°20'51" an arc length of 40.97 Page 1 of 3 Resolution 43-14 Page 9 o • feet to a point on the northwesterly line of said Boerries parcel; thence along said northwesterly line North 31°02'07" East a distance of 23.02 feet to the POINT OF BEGINNING. Containing 5,785 square feet, more or less. This legal description is based on a boundary survey by Wilson Land Surveys Inc. The attached plat labeled"Exhibit B" is to be used to assist in retracing the lines of this description. Prepared by, or under the supervision of: Kenneth D. Wilson Date Licensed Land Surveyor LAri,LJ SUS -_j No. 5571 Of CA Page 2 of 3 Resolution 43-14 Page 10 POINT OF BEGINNING EXHIBIT B MOST EASTERLY PLAT TO ACCOMPANY \ CORNER OF LEGAL DESCRIPTION FOR PATHWAY EASEMENT \874 OR 393 LANDS OF HALLER 27640 SHERLOCK ROAD WIL 0 23..0202'' N31'0 \\ LOS ALTOS HILLS, CA N 3001 WINCHESTER BOULEVARD, SUITE 50081 CAMPBEL EMAIL:KEN W®WILSONLANDS540 7687 URVEYS.COM WWW.WILSONLANDSURVEYS.C.. R=74.88' o \ LEGEND , L=40.97' NORTHEASTERLY LINE D=31'20'51" �,��� \ OF DOC# 15159741 PATHWAY 2�0. rtop. '��1, \(BOERRIES PARCEL) EASEMENT 30' PRIVATE ROAD EASEMENT — — — PRIVATE EASEMENTS NORTHWESTERLY PER PARCEL MAP RECORDED LINE OF DOC# 4-- �`��'� IN 577 MAPS 27-28 15159741 o '\ PROPERTY LINES (BOERRIES PARCEL) oa 0lllta p Cr c C PATHWAY \\ VICINITY MAP EASEMENT \ tiF NOT TO SCALE 5,785 SQ. FT. ± LANDS OF BOERRIES Mp DOCUMENT #15159741R=155 0' ppr.00' SITE ~ L=85.49' D=31'36'12" \ Pp o GRAPHIC SCALE 0 20 40 80 R=147.26' 5616 N6p. \\ ��� I- ND SUR L=81.30, N6,7. S3•, 10, �� pOUGq L D=31'37'58" 3 �8'p6„ F469 pp'�L \ �' �,�� ��i�0 ( IN FEET, ) . _ �2. \ Y o 1 inch = 40 ft. L=6.69'0 �� 2�3 N0. 5571 Z D=12'47'03" 8p. /SHERLOCK COURT S30'32'41"E s� P ;i (30' WIDE) N49'01'03"W 20.26' F 9T _------ 0.85 R=77.24' �r'� R=435.00' OF CALIF 0 L=62.19' 21L=28.95 ��r'- D=8'11'30" SHERLOCK R=25.00' ROAD L=10.96' (30' WIDE) D=25'06'27" ter,Q, R=400.00' r L=24.22' PATHWAY R=92.73' D=3'28'12" orb, EASEMENT o=21.57' 'i '39" �;, DOC# 15159741 2 S35'15'59"E 19\51' NORTHEASTERLY LINE OF DOC# 15159741 �S34'16'08"V� (BOERRIES PARCEL) 14.60' 60' WIDE PRIVATE) THE BEARING N 34'45'00" W .BETWEEN TWO FOUND MONUMENTS ROAD EASEMENT IN THE NORTHEASTERLY LINE OF BOERRIES PARCEL AS DEPICTED PER PARCEL MAP ON THE CERTAIN RECORD OF SURVEY FILED. IN BOOK 577 OF RECORDED IN MAPS AT PAGE 28, SANTA CLARA COUNTY REwggg imffi- 4USED 577 p��Ae 1127-28 AS THE BASIS OF ALL BEARINGS ON THIS PLA 71PAGE 3 OF 3