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HomeMy WebLinkAbout38-14 RESOLUTION 38-14 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Munshi) WHEREAS, Ashfaq A. Munshi and Ruma A. Munshi, husband and wife, as joint tenants ("Owners"), are the owners of the property commonly known as 26478 Ascension 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. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: ohn Radford, Mayor ATTEST: DeborahTadovan, City Clerk Resolution 38-14 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 Munshi) l-J THIS GRANT OF EASEMENT is made this '2t day oftteants! -, , 2014, by Ashfaq A. Munshi and Ruma A. Munshi, husband and wife as join ("(Owners"), owners of the property commonly known as 26478 Ascension 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] Resolution 38-14 Page 2 IN WITNESS WHEREOF the Owners have properly executed and the Town has p P Y , hereby accepted, this grant of the Easement as follows: OWNERS: Date: , {� 23 20 l ct - As aq A. Muns i Date: X- `I Z zo<<( TOWN OF LOS ALTOS HILLS: Dater June , 2014 John Radford, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 38-14 Page 3 State of California ) County of Santa Clara ) On before me,4,0' �:#711 , notary public,personally appeared lis F6 A� M u ne yl i am A 5 t, i 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. O ,.,., HAPI YAMATO C ' COMM.NO. 1928079 M M NOTARY PUBLIC s wCOUNTY OF SANTA CLARA I Signature - (Seal) COMM.EXPIRESAPRIL 5,2O1 n�un'n�nntintfAn�>1��N6 Resolution 38-14 Page 4 • • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On June 20, 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. PADOVAN Commission# 1929787 z•P�� � ' Notary;b-,, y Public-California z Sonoma County p M Comm.Ex fres A r 19,2015 Signature: (Seal) Resolution 38-14 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. - &�— Deborah Padovan, City Clerk Date: June 20, 2014 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 38-14 Page 6 • Co,Ned as atrue copy RESOLUTION 38-14 U;j Uclk of 1,a Tov.,a tri Los Fu':L'os RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Munshi) WHEREAS, Ashfaq A. Munshi and Ruma A. Munshi, husband and wife, as joint tenants ("Owners"), are the owners of the property commonly known as 26478 Ascension 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. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: ohn Radford, Mayor ATTEST: - Deborah Padovan, City Clerk Resolution 38-14 Page 7 Resolution 38-14 Page 1 Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description Resolution 38-14 Page 8 EXHIBIT "A" LEGAL DESCRIPTION FOR A PATHWAY EASEMENT LANDS OF MUNSHI 26478 ASCENSION DRIVE, LOS ALTOS HILLS, CA SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 8, BLOCK C,AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 1848 FILED FOR RECORD ON JANUARY 16, 1957 IN BOOK 76 OF MAPS AT PAGES 12, 13, AND 14, SANTA CLARA COUNTY RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Southeast corner of the above referenced Lot 8, said corner being the corner common to Lot 6, Lot 8 and Lot 9 of Block C as depicted on said Tract No. 1848; Thence along the Easterly line of said Lot 8, being also the line common to Lot 8 and Lot 6, N 14009'05"E, 12.26 feet to a point on a line parallel to and distant 10.00 feet Northerly from the Southerly line of said Lot 6 and said Lot 9; Thence along said parallel line S 68°50'00" W, 16.69 feet to a point on the line common to said Lot 8 and said Lot 9; Thence along said line common to said Lot 8 and said Lot 9, S 65°00'00"E, 13.86 feet to the POINT OF BEGINNING. Containing 83.47 square feet, more or less. Basis of Bearings: The bearing S 09'15'06" W calculated between the found monument at the centerline intersection of Conejo Court with the centerline of Ascension Avenue, and the found monument at the centerline intersection of St. Francis Drive with the centerline of Ascension Avenue, as shown on said map of Tract No. 1848 was used for the Basis of Bearings for this description. See Exhibit "B" attached hereto and made a part thereof. ,Go LAADSUR END OF DESCRIPTION Y/17�,y Prepared by or under the supervision of: ��q No.752� TFOf CA��F�P y �� Kenneth Anderson, PLS 7523 Date Resolution 38-14 Page 9 SEE EXHIBIT "A" LEGEND Z �, 0 LEGAL DESCRIPTION FOR W PATHWAY EASEMENTK\\\ PATHWAY EASEMENT / ov ATTACHED HERETO ANDEASEMENT BOUNDARY / m MADE A PART THEREOF — - - LOT LINE Z) c) BASIS OF BEARINGS �' a Q Q j U O SEE EXHIBIT "A" FOR THE DESCRIPTION OF THE BASIS OF m z SCALE: 1"=10' F-I'/ST BEARINGS. Z' FX/sr/N� s� LOT 8, BLOCK C z N TRACT N0. 1848, 76 MAPS 12 APN 175-53-034 SE SpJ& q�ySFTYFq F PATHWAY E �, s N�PRo SN`EN� S /z/� T/ wFR 5 FN EASEMENT /o PN EP �q rgRY /Ty Fq FMEr�3.5fSF �� 1 SSE FgSF ;T � / �SMFNT ���T 41, MF\ \ 568• �6 6g N LOT 9, BLOCK C N 56$•i G\NN�NG LAND APN TRACT ��5'S3 033 848, 76 MAPS 12 6S DO o0 / NiON �c�S�� S 7fyo� / PSE `01 SIB / PRS SE N� E Pvg\"\c/ NGE SPS s� 0. 75 » 9l�DF ch0i „ EXHIBIT B 12 2 MPPS LEGALLAT TDESCRIPM DESCRIPTION FOR A / 1-02056, 9005 PATHWAY EASEMENT BAY LAND CO�ULTING NO• '561LANDS OF MUNSHI 2005DDEULAECRUZ/B SURVEYORS/CIVIL X75 SANTA CLARA, CA 95050 � p,PN 26478 ASCENSION DRIVE Ph: (408) 296-6000 FAX: (408) 404-5579 JOB NO. 12074 LOS ALTOS HILLS, CA DATE: 04/16/14