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Home My WebLink About37-14 RESOLUTION 37-14 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Waschura) WHEREAS, James R. Waschura and Leisa L. Waschura, husband and wife, as community property ("Owners"), are the owners of the property commonly known as 12658 La Cresta Court, 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: John Radford, Mayor ATTEST: eborah Padoyan, City Clerk Resolution 37-14 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 Waschura) THIS GRANT OF EASEMENT is made this 19 day of June , 2014, by James R. Waschura and Leisa L. Waschura, husband and wife as community property ("Owners"), owners of the property commonly known as 12658 La Cresta 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 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 37-14 Page 2 • • IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted,this grant of the Easement as follows: OWNERS: Date: J -v/ James R. Waschura Date: / 5/o2U I40),- Leisa L. Waschura TOWN OF LOS ALTOS HILLS: Date: June H , 2014 John Radford, Mayor ATTEST: - eborah L. Padovan, City Clerk Resolution 37-14 Page 3 • State of California ) County of Santa Clara ) On 3113 t`1 before me, Poang TQOL. , notary public, personally appeared :3&m A s 2. u7a=<22j jra. l e tSti L. Was,-l'V-a 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. .��11IIIIIIIIIIIIIIIIIII111t11111111� FOONGTEOH COMM.#2047 Q NOTARY P •CAUFORNfA Signature ,� �-� . U�.IC. SANTA MARA w`.•`•• My Commission Expires 10/27/2017 1i1111111111111111t1111111t11/III/IIID Resolution 37-14 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 a Commission#`1929787 e z Z •P:� Notary Public-California z Sonoma County M Comm.Ex fires A r 19,2015 Signature: (Seal) Resolution 37-14 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 37-14 Page 6 • Ceiited as a irm ccpy RESOLUTION 37-14 Ey Civ 01ari Oi t iG�Tcyai"r`i�Lc it�S�i.; RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Waschura) WHEREAS, James R. Waschura and Leisa L. Waschura, husband and wife, as community property ("Owners"), are the owners of the property commonly known as 12658 La Cresta Court, 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: John Radford, Mayor ATTEST: - eborah Padovan, City Clerk Resolution 37-14 Page 7 Resolution 37-14 Page 1 Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description Resolution 37-14 Page 8 EXHIBIT"A" LEGAL DESCRIPTION FOR 5'WIDE PATHWAY EASEMENT DEDICATION 12658 LA CRESTA CT. LOS ALTOS HILLS, CALIFORNIA APN 175-54-055 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 15,AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO.1947 FREMONT HILLS UNIT NO.4,FILED FOR RECORD DECEMBER 27, 1957 IN BOOK 89 OF MAPS AT PAGE 31,SANTA CLARA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT,THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT,NORTH 14°24'06"WEST 5.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT, NORTH 14°24'06"WEST 5.16 FEET. THENCE LEAVING SAID LINE AND ACROSS SAID LOT ALONG A LINE PARALLEL WITH AND 10.00 FEET NORTHERLY,RIGHT ANGLE MEASURE,SOUTH 89°58'59"WEST 186.90 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT, BEING ALSO A POINT ON A 120 FOOT RADIUS CURVE IN THE EASTERLY RIGHT OF WAY LINE OF LA CRESTA COURT(50 FEET WIDE), FROM WHICH POINT A RADIAL LINE BEARS NORTH 73°03'59"WEST. THENCE ALONG SAID WESTERLY LOT LINE AND SAID EASTERLY RIGHT OF WAY LINE,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET,THROUGH A CENTRAL ANGLE OF 02°30'48" AN ARC DISTANCE OF 5.26 FEET. THENCE LEAVING SAID LINE AND ACROSS SAID LOT,NORTH 89°58'59"EAST 189.82 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 942 SQUARE FEET,MORE OR LESS. SEE EXHIBIT B FOR THE ACCOMPANYING PLAT,ATTACHED HERETO AND MADE A PART HEREOF. BASIS OF BEARINGS:THE BEARING NORTH 22°00'00"EAST ALONG THE CENTERLINE OF-LA CRESTA COURT,AS SHOWN ON THE MAP TRACT NO.1947 FREMONT HILLS UNIT NOA. FILED FOR RECORD DECEMBER 27, 1957,IN BOOK 89 OF MAPS AT PAGES 29,30,AND 31,SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS. \O SPREPARED ON JANUARY 22,2014 BY LC ENGINEERING 01 Tom H. Milo CL No. 6438 * Exp. 12/31/2014 TOM H.MILO LS NO.6438 OF \�O��Q EXPIRATION DATE 12/31/2014 CAI. Resolution 37-14 Page 9 EXHIBIT "B" 5' G.P.E 5' G.P.E / LOT 14\ /32' DRIVEWAY EASEMENT \ j LOT 16 Op// / BASIS OF BEARINGS: THE BEARING \ / NORTH 22'00'00" EAST ALONG THE NASSHOWN EON THE MAP OF LA STRACT TA OURT, \ 5' G.P.E NO.1947 FREMONT HILLS UNIT NO.4. FILED FOR RECORD DECEMBER 27, 1957, \ / IN BOOK 89 OF MAPS AT PAGES 29, 30, \ , AND 31, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS. \ 10' G.P.E ? 12658 LA CRESTA COURT AM 175-54-035 \\ LANDS OF WASCHURA -—- TRACT NO. 1947 \ �`3X22 FRlEMONT FILLS UNIT NO.4 \ LA C R ��S pro \ BK. 89 MAPS PG. 31 \ S o1 ,p o, \ R=120.00', L=244.05' \ �\ D=116'31'37", T=194.02' \ a'-` \ \ 10' SLOPE EASEMENT \ 25' I 25' 5' WIDE PATHWAY EASEMENT \ N,3 03 Sg"W CR i ` \ DEDICATION (942±SF) \ R=120.00', L=5.26' D=02'30'48", T=2.63' / S8958'59"W 186.90' \ 14'24'06"W BASIS OF BEARINGS N22'00'00"E / N89'58'59"E N89'58'59"E 193.00 TPOB 56.00' / ' 189.82' LOT 13 5' G.P.E POB LEGEND & ABBREVIAIQha � 0s GPE GENERAL PUBLIC EASEMENT GRAPHIC SCALEL POB POINT OF BEGINNING50 100 Tom H. ' o 0 TPOB TRUE POINT OF BEGINNING S� PARCEL LINE 6 ------- CENTERLINE i` Exp. 12 i/2014 ------ EASEMENT IN PROPERTY LINE 1 inch = 50 ft. fl9jF OF CAL�F��\� ® 5' WIDE PATHWAY EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR 5' WIDE PATHWAY EASEMENT DEDICATION ENGINEERING 12658 LA CRESTA CT. 1291 Oakland Road LOS ALTOS HILLS, CA San Jose, CA 95112 APN 175-54-055 Phone: (408) 806-7187 Fax: 408 583-4006 SCALE:1"= 50 DATE 01/22/14 DRWG.NAME: PROECT NO. SHEET 2 OF 2 Resolution 37-14 Page 10