The URL can be used to link to this page

Home My WebLink About17-91 L TO I PA GE0-- 750 088959 x_ • FILED:FOR'RECORIX AT REQUEST-OF.. L05 H B-05 This Document Is Recorded For H-1115 tt CC 1� ® The Benefit Of The Town Of MAY U 1.1 49� f4 9J Los Altos Hills; Is Exempt From Fee Per Government .Code OFFICAL RECORDS Sections 6103 and 27383 and Is LSANTA CLARA C'OUNTY'",. Recorded In Accordance With LAURIE KANE Streets & Highways Code RECORDER Section 8336 P\4• FEE 12 WHEN RECORDED, Mail to: TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY A.P. No. : 182-09-039 SUMMARY VACATION RESOLUTION NO. .17-91 RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS ALTOS HILLS ORDERING THE SUMMARY. VACATION OF A BICYCLE PATH EASEMENT ON LANDS OF DEAN RECITALS A. It is the intent of the Council of the Town of Los Altos Hills to vacate an existing bicycle patheasement on the real property ("Property") in the Townof Los Altos Hills, County of Santa Clara, State of California, currently owned by Robert and June Dean, commonly known as 27677 Lupine Road, and more particularly described _on Exhibit A attached hereto. B. The Council of the Town of Los Altos Hills intends to vacate such existing bicycle path easement according to the procedures set forth in California Streets and Highways Code Division 9, Part 3, Chapter 4 (Section 8330 et seq. ) . C. From all evidence submitted to the Council of the Town of Los Altos Hills it is found that such existing bicycle path easement as shown on the map attached hereto as Exhibit B was dedicated less than five years and more than one year immediately preceding the vacation and has not been used continuously since the dedication. • • 1. 701141. 1 NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: 1. This vacation is made under the authority of and in accordance with California Streets and Highways Code Chapter 4 of Part 3 of Division 9 of California Code commencing at § 8330 et seq. 2. The existing bicycle path easement to be vacated is more particularly shown on Exhibit B and affects the Property described in Exhibit A, which Exhibits are attached hereto and incorporated herein. 3. The Council finds that the date of dedication of the bicycle path easement is less than five years, and more than one year, immediately preceding the vacation, and that the bicycle path easement was not used continuously since that date. 4. This vacation is conditioned upon the owners of the Property paying the Town $2, 000.00 to upgrade for the benefit of the public, a nearby existing bicycle easement on Lands of Kane, which bicycle easement was dedicated and accepted by the Town on October 19, 1983. 5. The vacation of the bicycle path easement does not affect in any way the existence of any other easement on the Property, including, but not limited to the emergency vehicle easement. 6. The Council finds this project categorically exempt from the California-Environmental Quality Act. 7. Upon satisfaction of the conditions prescribed in Section 4, if any, the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of Santa Clara. 8. From and after the date of recordation of this resolution, the existing bicycle path easement shall be considered vacated. - INTRODUCED AND PASSED: April 17, 1991 ATTEST: APPROVED: TOWN OF LOS ALTOS HILLS, a municipal corporation City Cl k APPROVED AS TO FORM: By: Mayor LCity Attorney - 2 • • ! S X • 75.2 Exhibit A ALL OF PARCEL "B", AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP BEING A PORTION OF THE RANCHO LA PURISSIMA CONCEPCION AND ALSO BEING SHOWN UPON THAT CERTAIN "RECORD OF SURVEY" RECORDED BOOK 59 OF MAPS, AT PAGE 25, SANTA CLARA COUNTY RECORDS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MAY 29, 1986, IN BOOK 560 OF MAPS, AT PAGES 19 AND 20• NOTItiANO LIMPID P A R C E L NAP Co.c $32, OE MAPS. PAGES 51 C22) !. a 4.7/.rw•i E•.r I rh.°n .4...A fair rd•trou•b A1•r� .� ! 9 ) , , me EmMw-440 4/.dAtl Mfr isravey di•Nr•1/Ar.wed.OW arp. q Are.r%•+•lie Amer•4' T4• .IPARCEL ! PAl.*. .j1%.3,..):• • AuF n,Iwo/06,S1M.LK••••erret• rr.haw RNr.I tier.lY/I.rw4r►•AsAslat Ella .L48442•9 !o IMrrni Ww.R%r fr 4b ! • Io ( /w/wtImMLltlrml//Itr rh• f:: L tmmwdt�s' s , 1PtE!I.1rAHbif•M"Imistpt►tfC7NNIMI.7 •rer. Wvg.rl '..% 1Mmol• 9 t•fyp' •• .1v• soap go 9 s 19-.1-1-1--- .;,..... i 611 a •p••OAnoo Two n r� • •�1 : r Z Coe• . •t •r PARCEL d� =4.11/' OASIS O'NARINQ a�fi mI _*• " o' '"°" Aft Arr+w�N6!'.°-002 dARr rwAvbArd L(YMrt 4r1/ i .r+r 09 1"� I ' `''11 i is Wit`,map offMoo of 4.1 ffr '�'umt T e= 'ARGIL A a a. •'+ .ds' 1 a e my Mr. 4 itn0l:As 6/41/ 4Øf a * / •== Of V LOOM 4r-NR r i-- 0-• �� 2q A This map is furnished without liability �'o a�� 64 LOT 1 isi -H as to its:c;,uracy. ani its sole purpose ��* • • •.• �i� ,1111 0o 0 is for thecimnven ei ce of location of r;e 9 _,.e. , ' -.? Q X the property in question. Q v ARCEc •�• • 'O= ? ��'� `~ s �7 W CONTINENTAL LAWYERS TITLE c.a i• •t A i 4 i t• era %- �,,�,;;. �� •• •%G Hi; r f.n •. ' oitip Laa I• •t mtr as moron;/DHs.W.r.rm..to..r /i.. le. PA R C E L 4 A•cr.,'t.r..MrtMF f rNro+TA / . it.p6tw.cr.•Mrgrr 1mMy.. ►• • loads •t t.Ir \ (M87••I•.A . ....- • •• - tP Mburn•marran me•ya- ;r�A! PARCEL S • �•\ -„�i „��ia ' � . aiifpr 8 a-r..\ �• mt»o.o�e. o •'iN•m•.a- 1 ,• ..r/w�.owta�o•`�' .c4tii..•yr' L • w .l• rf hpP•r PAGES 14.17.\ .-- `Y` 11 :11.• ' .� r'^'r•W17fO 1p WNW PARCEL 2 SAPS J "-i t�... AH.TOt NIIis rr mown•A01rl-aON o . �' ` • -.- 52 PARCEL MAP +o (M Mi•t.ro..dj o c 'ED a arm ;,t P t• or- i coNs:s-:Pe CY TWOCZ)snflT5 • L r w/• •f q/1 i/ • . r:�' D11Na A PORflON OITN!RANCHO LA IYRIl3Iv1A COW IPCION ANO t•.• ICT . PARCEL f L ALSO M�rah°wMYr°wTHAT giRAIN'pCOROOIWgVlT11E(C7p0 PARCEL MAP �'1 "..11.'.., R G E SODA it 00mon rT.Ab'- OW%CLMACM.16MR1COtp/, , (eRm2-°.fHAn m•16tii 11 11`-,-. p �;�w ' p A TOWN OF LOSALTOS HILLS. CALIF. .. tr r. o' • • Mae-. Er--‘ NOWACK ANDA3OCIATfi.P4C. r'�'•-- _ ,'�I - •o0d• CviL ENGINE Eos/1JRvlroW •i K WAN/� t5$scam Itl'J4TN OMIT• j'•(gausses) GAN dogs,Qty.IPORN IA m 11111112 .o w. y t _ 410 • • SETTLEMENT AGREEMENT AND MUTUAL RELEASE • This Settlement Agreement and Mutual Release is entered . into by. and among, ROBERT K. DEAN and JUNE' M. DEAN - (hereinafter referred . to as the "Deans") , and The Town of Los Altos Hills : (hereinafter referred to as the "Town") WHEREAS, a dispute has arisen between the Town and the Deans concerning the use 'of a Bike Path Easement (BPE) which runs across the Deans' property located 'at 27677 Lupine Road; Los Altos Hills, California, 94022, (hereinafter referred. to. as the "Deans' property" or the "subject property") . WHEREAS, the parties wish to resolve and settle forever . all .disputes and claims past, present and future, which exist or which may be claimed to exist between them, "arising out of or in , . anyway connected with the Bike Path Easement (BPE) running across ' the- Deans' property, .and in . consideration of the-covenants and agreements set forth hereinafter, ' IT IS AGREED by and between the parties as follows: 1. As' part of. the consideration for the settlement of the foregoing dispute between the parties, the Deans will pay to the Town of Los Altos ,Hills the sum of Two 'Thousand Dollars ($2,000.00) "which sum is being paid by the Deans for the. express purpose of obtaining from the Town an abandonment and extinguishment of the present Bike Path Easement .(BPE). running across their subject property. This suit shall be paid by delivery of a check payable to the Town of Los Altos Hills to the Town before the Town approves abandonment of the BPE in- accordance with Paragraph 2 hereof. The Town -shall not ..cash this check until after • 1 �:. • S . the Town Council's formal approval of the abandonment of the BPE. It is the intention of the parties that the, Town will use the settlement proceeds received from the Deans for the specific purpose of constructinga substitute bike path around or near the Deans' property. 2. The Town of Los Altos Hills agreesto do all acts necessary to accomplish its abandonment of the Bike Path Easement (BPE) across the Deane' property _'whether by 'means of a summary vacation procedure or by other more formal statutory procedures for abandonment of a public easement. The parties expressly agree and understand that the Town's abandonment of the Bike Path Easement (BPE) on the Deans' property shall not affect in anyway or respect the Emergency Vehicle Easement which runs across the subject property. 3 . By this Settlement Agreement, the partiesheretoand their respective successors and assignees, do hereby mutually release and forever discharge each other and their respective officers, agents, servants, employees, and assignees from any and allclaims, damages, demands, costs, expenditures, allegations, rights, or causes of action of any 'kind- whatsoever, whether presently known or unknown, foreseen or unforeseen, arising directly or indirectly out of or in anyway connected with the subject matter of said Bike Path- Easement (BPE) dispute. The parties hereto further agree and understand that this Settlement Agreement and Mutual Release is not an admission by any of the parties of any liability, but is instead a compromise of disputed claims. 2 • • • 4. Each of the parties hereto expressly waives the benefits of California Civil Code Section 1542 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " 5. The parties hereto represent and warrant that they have not sold, assigned, conveyed or otherwise transferred, prior to the final execution date of this Agreement, any interest and any claim or demand which said parties had or now have or made claims to have against the other. The parties hereto further agree that they shall never assign, sell, convey, or otherwise transfer any such claims or demands. 6. The .parties hereto represent and warrant that they have been fully advised by their respective counsel concerning their rights and have further been advised by their attorneys as to the terms and effects of this Agreement. 7. The parties hereto expressly agree and understand that this Agreement has been freely and voluntarily entered into and that no representations or promises of any kind other than those contained in this Agreement have been made by either party to induce the other to enter into this Settlement Agreement. This Settlement Agreement may not be altered, amended, modified, or otherwise changed except by writing executed by each ofthe parties hereto. 8. The parties hereto mutually agree that as a further 3 i • • • • consideration for this Agreement that the terms and provisions of this Settlement Agreement are confidential and that they will not divulge the contents thereof to any person, outside of the parties to this litigation, without obtaining the express written permission of the other party. IN WITNESS WHEREOF, each of the parties has caused this Agreement tobe executed in counterpart as of the date and year below written and each counterpart-shall be _deemed an--original copy for all purposes. Dated: %i 646 , 1991 / �.,.-° mi'E M. DE, Dated: ✓SCM A /g , 1991 ` ---- R BERT K. DEAN Dated: �"`�- .1/ , 1991 TOWN OF LOS ALTOS HILLS BY: MAYOR 7cTitle) APPROVED AS -TO FORM AND CONTENT: Dated: 270,4044? , 1991 EDWARD S. MILLER, Attorney for ROBERT DEAN and JUNE DEAN Dated: 44_1_, 1991 JACKSON, TUFTS, COLE & BLACK BY: / ", ) MARG' , T A. SLOAN, Attorney fu's TOWN OF LOS ALTOS HILLS 4