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HomeMy WebLinkAbout35-08 • • RESOLUTION NO. 3 5--0 8 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Patou) WHEREAS, Gary Patou and Karen B. Patou, husband and wife, as Community Property with Right of Survivorship, ("Owners"), are the owners of the property commonly known as 26353 Esperanza Drive, 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// ay of , 2008. BY: /-' :�\ � Craig A.T. 'ones, ayor ATET: - Karen Jos.Clerk • Attachment A to Resolution 35-08 DOCUMENT: 2�; 885 Pages 8 Fees. . . . * No Fees Taxes. . . This Document Is Recorded 11 11 I 11 111 111 11 Cop i es. . For the Benefit of the AMT PA I D Town of Los Altos Hills And is Exempt from Fee RDE # 003 Per Government Code REGINA ALCOMENDRAS Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 12/16/2008 Recorded at the request of 11 :33 AM When Recorded,Mail to: C i ty Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk pct el- 14 z 0 o � c?,:i>S` GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Patou) THIS GRANT OF EASEMENT is made this 2- day o -v 1 , 2008 by Gary Patou and Karen B. Patou, husband and wife as Communi' ' sperty with the Right of Survivorhsip, ("Owners"), owners of the property commonly R . as 26353 Esperanza Drive, 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] • • IN WITNESS WHEREOF,the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNERS: kfq/ lig Date: Gary-Pat• Date: 61 L -I, Ut Karen B. TO /r: 0 LOS ALTO',HILLS: Craig A.T. Jon-., ayor• ATTEST: - '. (-- Karen Jost, 'ark } • • STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) On `sit,'/cz , 2008, before me, ,personally appeared ,personally known to - or proved to me on the basis of satisfactory evidence)to be the person(s) w..se name(s) is/are subscribed to the within instrument and acknowledged to me s. e/she/they executed the same in his/her/their authorized capacity(ies), and that . his/her/their signature(s) on the instrument the person(s), or the entity upon •- alf of which the person(s) acted, executed the instrument. WITNESS my hand d official seal. 14"(1-fICIFI Signature STATE OF CALIFORNIA ) ) ss: COUNTY OF SANTA CLARA ) On , 2008, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California )SS APN No: COUNTY OF �4,/V C ) r On /fl // p?O(kf before me, (J tiff/ , Notary Public, personally appeared ins� TV /jq Q ,a/ A. O�v who prov to me on the basis of satisfactory evidence to be the perso s tri]fnent and acknowledged to me that he/shR&Oxecuted the same in his/he- 9s2$i.uthorized capacitand that by his/her/4-60i:ignatureon the instrument the persorgPor the entity upon behalf o which the personcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fore oin paragraph is true and correct. WITNESS myhand and ficial seal. �� KATHY SMITH � Commission # 1737319 .--•. - > Notary Public -CaliforniaD Signature .' _ `������ Santa Clara Couuntyty MyComm.F�IresApr 29,201_1 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL ! n CORPORATE OFFICER(S) TITLE(S) n PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT Ti TRUSTEE(S) 7 GUARDIAN/CONSERVATOR n OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: 6Rj9-AVT Or ,on-r- tmel�-J 6frfE/n ENT,/ NUMBER OF PAGES DATE OF DOCUMENT �J /I1Aj �T z 020a SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by North American Title Company 11/2007 • Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description • • EXHIBIT "A" LEGAL DESCRIPTION EASEMENT DEDICATION LANDS OF PATOU DESCRIPTION OF A 5 FOOT WIDE EASEMENT FOR PEDESTRIAN ACCESS OVER THE LANDS OF THE PATOU FAMILY TRUST,APN 175-56-007. SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. BEING A PORTION OF THE LANDS CONVEYED TO GARY PATOU AND KAREN PATOU, TRUSTEES OF THE PATOU FAMILY TRUST DATED DECEMBER 21, 2006. BY QUIT CLAIM DEED RECORDED JANUARY 30, 2007 AS DOCUMENT NUMBER 19283887, OFFICIAL RECORDS OF SANTA CLARA COUNTY. BEING A STRIP OF LAND FIVE FEET IN WIDTH,MEASURED SOUTHERLY AT RIGHT ANGLES, THE NORTHERN BOUNDARY OF WHICH IS THE NORTHERN BOUNDARY OF SAID LANDS OF THE PATOU FAMILY TRUST; MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID PATOU FAMILY TRUST, ALSO BEING THE NORTHWEST CORNER OF LOT 13 AS SHOWN AND DELINEATED ON THAT CERTAIN MAP ENTITLED"TRACT NO.2056 ESPERANZA HILLS UNIT NO.2,"AND RECORDED MARCH 24, 1958 IN BOOK 92 OF MAPS AT PAGES 2 & 3, SANTA CLARA COUNTY RECORDS. THENCE FROM SAID POINT OF BEGINNING NORTH 68° 50' EAST 306.00 FEET, A LITTLE MORE OR LESS,ALONG THE NORTHERN BOUNDARY OF SAID LOT 13 TO THE NORTHEAST CORNER THEREOF. CONTAINING 1,520 SQUARE FEET MORE OR LESS. SEE EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF. COMPILED IN APRIL 2008 BY DUNBAR AND CRAIG LAND SURVEYS. File No. 06105 Drawn By JPH Checked By 8, May\ 5-56 AAP1 APN 175-56-007 CURT G. DUNBAR PLS 5615 RENEWAL DATE 9/30/08 (7\ LLA No. 5615 SHEET 1 OF 2 Exp= Q K.\MSOFFICE\WORD\Koster\description\06105.PATOU.EASEMENT.doc - �CA ," .-<' • •- EXIBIT " B " PLAT TO ACCOMPANY LEGAL DESCRIPTION EASEMENT DEDICATION LANDS OF PATOU S�� LAND Shy �� J�� G. 0(4 GF_ o 4/7‘ V ?s N jV? 15 o 6'NLOT BREIER175-56-006 REE DATEJ14 EPT 2008131 ECA0 • SURVEYOR'S STATEMENT EASEMENT DEDICA11ON cv` PLAT IS BASED ON A FIELD SURVEY.C. 0o UNE (TYP.) REFERENCES co -, 0 / (A) 92—M-2 & 3, w o 0 0 LOT 13 / cO FD 3/4" co IP OPEN Z PATOU APN 175=56-007 DOC# 19283887r - ` Th 7 LOT 13 TRACT NO. 2056 ,10�o ESPERANZA HILLS UNIT 2 o'ry N I,,' 5.0' EASEMENT a --- DEDICATION TO THE FD MON TOWN OF LOS ALTOS HILLS • PER (A) ch 1,520 SF N1920'W c 30.00',—. m w 0 g� n ' � ` \ Z o Z . SET 1/2" ^ � 1 Q co PROPERTY LINE (TYP.) IP (TYPICAL)5 !� W w O 0 W p N19'20'00"W 184.16' A 0 0-POW 1 BASIS ,OF BEARINGS APN 175-56-008 Z6-008 LOT 12 • W Z BEARINGS ARE BASED UPON THE CENTERUNE OF ESPERANZA DRIVE AS SHOWN ON THAT MAP FILED IN VOLUME 92 OF I MAPS AT PAGES 2 & 3, SANTA CLARA COUNTY RECORDS, AND ESTABUSHED BETWEEN FOUND MONUMENTS FD MON = NOR70'40'00' EAST PER (A) NORM 1 D U N B AR & CRAIG 26353 ESPERANZA DR., LOS ALTOS HILLS APN: 175-56-007 LICENSED LAND SURVEYORS SCALE 1"=40' JOB NO. 06105 1011 CEDAR STREET 1180 COLEMAN AVENUE DATE 05/08/2008 INDEX SANTA CLARA SANTA CRUZ, CA 95060 SAN JOSE, CA 95110 DRAWN JPH /CHC (831) 425-7533 (408) 298-1298 SHEET 2 OF 2 • • RESOLUTION NO. 3 5--0 8 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OFA PATHWAY EASEMENT (Lands of Patou) WHEREAS, Gary Patou and Karen B. Patou,husband and wife, as Community Property with Right of Survivorship, ("Owners"), are the owners of the property commonly known as 26353 Esperanza Drive, 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/Ay of , 2008. BY: Craig A.T. ',nes, ayor Karen Jos 411 Clerk G ed as a tru:'copy By / /,! City Clerk of th• own of as Altos Hills