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HomeMy WebLinkAbout05-10 RESOLUTION NO. 5-10 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Sissu, L.P.) WHEREAS, Beverly M. Brockway, General Partner of Sissu, L.P., A California Limited Partnership ("Owner"), is the owner of the property commonly known as 11990 Page Mill 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. PASSED AND ADOPTED this 16ay 32010. BY: —� Mayor ATT S Karen Jost, rty Cl rk DOCUI4ENT: 46812 Pages: 8 Fees. . . . * No Fees This Document Is Recorded Taxes. . . For the Benefit of the Cop i es. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code REGINA ALCOMENDRAS RDE # 001 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 3/19/2010 Recorded at the request of 11 50 AM When Recorded,Mail to: City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk y� GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Sissu, L.P.) THIS GRANT OF EASEMENT is made this f N--- day�;L 't , 2010, by . Sissu, L.P., A California Limited Partnership ("Owner"), owner of the prope y commonly known as 11990 Page Mill Road, Los Altos Hills, California, to d for the benefit of the Town of Los Altos Hills, a municipal corporation("Town"). Section 1. Owner 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. 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] • • IN WITNESS WHEREOF,the Owner has properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNER: Date: �//.0 /Cl ssu, L.P. Beverly M. Brockway, General Partner WN OF LOS ALTOS HILLS: Date: all 8 AV -�^ Mayor ATTEST: Karen Jost ity erk • • State of California ) County of Santa Clara ) J On before me, ,notary public, personally appred /117 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 h d1lofficia sea . L. MICHEL Signature (Seal) 1": r COMM.# 1873861 'A NOTARY PU9LIC•CALIFORNIA N BANTA RA COUNTY MY COMM.EXP,Dec.Fo,aoT3 Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description Exhibit "A" Legal Description- Pathway and Open Space Easement Portion APN 182-28-006 An easement for pathway and open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of that land described in the certain Grant Deed document recorded August 23, 2007 as Instrument No. 19560489 of Official Records in the office of the County Recorder of Santa Clara County, as shown on Exhibit"B" made a part hereof, more particularly described as follows: Beginning at the intersection of the centerline of Central Drive (40') with the Easterly right of way line of Page Mill Road (40') as said Drive and Road are shown on that certain Record of Survey recorded March 17, 2009 in Book 831 of Maps at Pages 12, 13 and 14, Santa Clara County Records; thence along said Easterly line of Page Mill Road in a Northerly and Easterly direction, the following four(4) courses: 1. North 46°41'00"East, 115.44 feet 2. North 00°07'00"East, 238.12 feet 3. North 14°18'00"East, 86.09 feet 4. North 73°45'00" East, 257.75 feet to the Easterly line of the land described in said Grant Deed. Thence along last said line South 13°53'00" East, 72.43 feet; thence leaving last said line South 80°58'48" West, 257.19 feet; thence along a line parallel with and distant 20.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 14018'00" West, 40.80 feet; thence along a line parallel with and distant 22.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 00°07'00" West, 251.63 feet; thence along a line parallel with and distant 21.00 feet, measured at right angles, from said Easterly line of Page Mill Road, South 46°41'00" West, 123.17 feet to said centerline of Central Drive; thence along last said line North 50°37'14" West, 21.17 feet to the Point of Beginning. Containing 23,596 square feet (0.54 acres) as shown on Exhibit`B" attached hereto and made a part hereof. LAND S S�gEY No. 4588 * . 9-30-10 CALZ� G:\Correspondence\2007 JOBS\2070375\PATHWAY&OPEN SPACE EASEMENT.doc c No. 4588 S=p. 9-30-10 � Z5-7.-7 5 In ro LA 7�'4 IOU LA LA 20.00' nos S80.581 8"W 257.19 558 �S14'18'00"W MAPS 40.80' 30 22.00LANDS OF I zv 31) BROCKWAY 1 00 I n to [DOC. No. 19560489 cv CNI 0 0 0 0 cn POINT OF BEGINNING G,��,��pp ,,� � y � � i 21.00' nos MAPS �2--- N50*37'1 4"W *\G ca 21.17' 0 40 80 160 MAPS nos\-- SCALE, 1" 80' 26 IW—MAPS-23 EXHIBIT "B" LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS - LAND SURVEYORS DESCRIPTION FOR PATHWAY AND SAY .AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 HAYWARD. CALIFORNIA 94545 ROSEMLLE, CA 95661 LOS ALTOS HILLS, CALIFORNIA (p) (510) 887-4086 (P) (916)966-1338 SANTA CLARA COUNTY (F) (510) 887-3019 (F) (916)797-7363 WWW.LEAE3RAZE.COM -APN: 182-28-006 JOB 2070375 DRAWN BY: MT JANUARY 2010 RESOLUTION NO. 5-10 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Sissu, L.P.) WHEREAS, Beverly M. Brockway, General Partner of Sissu, L.P., A California Limited Partnership ("Owner"), is the owner of the property commonly known as 11990 Page Mill 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. PASSED AND ADOPTED this 16ay ) 2010. BY: (._ Mayor ATT S : I & Karen Jost, rty Cl rk ed as s~qua By City Clerk of Towm of s Altos Hills I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. � Karen Jost, Cit Clerk Date: March 19, 2010 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 RESOLUTION NO. 6-10 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Sissu L.P.) WHEREAS, Sissu L.P. ("Owner") owns the property commonly known as 11990 Page Mill Road, Los Altos Hills, California; and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Pathway and Open Space Easement Agreement") to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, native vegetation removal, and erosion; WHEREAS, the Town finds the Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Open Space Easement Agreement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this "day , 2010 BY: (Mayo ATTES : City Clerk(�_) BY Cit', Clerk of To, of os Altos Hills 1 I, Karen Jost, 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. Karen Jost, City Jerk Date: March 19, 2010 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022