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HomeMy WebLinkAbout24-15 RESOLUTION 24-15 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Carmack) WHEREAS,Philip J. Carmack and Brooke A. Carmack ("Owners"), the owners of the property commonly known as 26815 Ortega Drive, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS,pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the City Council has determined that acceptance of the right-of- way easement dedication satisfies the requirements of the Code and serves an important public purpose; 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 the dedication of the right-of-way easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 20th day of April, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Cou enay . Corriga , yor Resolution 24-15 Page 1 ATTEST: Deborah Padovan, City Clerk Resolution 24-15 Page 2 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 OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Carmack) �-� �SR THIS DEDICATION is made this 7 L� day of , 2015, by Philip J. Carmack and Brooke A. Carmack, Trustees of the Carmack Family Trust dated February 2, 2006 ("Owners"), the owners of the property located at 26815 Ortega 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 dedicate to Town an easement for street right of way purposes and incidents thereto that portion of 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 ("Dedication"). Section 2. The Town hereby accepts this Dedication. IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows: PLEASE SEE OWNERS: NOTARY ATFAC H ME T Date: 3 1 Phil#ktac Date: 3` 3 1 l5,— &�, " Brooke A. Carmack Resolution 24-15 Page 3 TOWN OF LOS ALTOS HILLS: Date: o n 6. Corri ayor ATTEST: Deborah L. Padovan, City Clerk Resolution 24-15 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of SANTA CLARA ) On MARCH 31.2015 before me, MAULIK ANIL PANDIT.NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared PHILIP J CARMACK AND Name(s) of Signer(s) BROOKE A. CARMACK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j<are subscribed to the within instrument and acknowledged to me that he'Isf4/they executed the same in -tris/fir/their authorized capacity(ies),and that by Ns/hWtheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph nunuunuuuuuuunnnnuuumimmmimummununnuunnmo is true and correct. MAULIK ANIL PANDIT` WITNESS my hand and official seal. COMM.#2089752 NOTARY PUBLIC-CALIFORNIA N SANTA COUNTY ^ Exp,Dec. ; My Comm.Exp.D10,2018 = ®IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt�lill� Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document i_`1 C'A-1 Erni fj i "-1*)C7�C��x�� Title or Type of Document: C(-(=L'2 0 72-7c­117 r 0 f'W Document Date: _ o r_,,, '31 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 24-15 Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Ca'fornia /► 'n ) County ofIAL, Vim`r� ) On r7 oZ before me L. 6 Ago DateHere I sert Name and Title of the O e personally appeared r n 'Y"r .l Ij Name(s) of Sig r(s) who proved to me on the basis of satisfactory evidence to be the person'(s),whose names) isfa% subscribed to the within instrument and acknowledged to me that f�she/they executed the same in 4+ia/her{# to authorized capacityNk,and that by his/herAheir signature*on the instrument the person's, or the entity upon behalf of which the persort(<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. DEBORAH L.PADOVAN Commission#t 2104366 = WITNESS my hand and official seal. _ Notary Public-California ��' %/ Santa Clara County M Comm.Expires Apr 19,2019 Signatur Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 24-15 Page 6 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: April 28, 2015 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 24-15 Page 7 Cerified as a tee copy RESOLUTION 24-15 - RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Carmack) WHEREAS, Philip J. Carmack and Brooke A. Carmack ("Owners"), the owners of the property commonly known as 26815 Ortega Drive, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS,pursuant to Section 10-2.1202, Owners have offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the City Council has determined that acceptance of the right-of- way easement dedication satisfies the requirements of the Code and serves an important public purpose; 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 the dedication of the right-of-way easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 20th day of April, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Cou enay . Corriga , yor Resolution 24-15 Page 8 Resolution 24-15 Page 1 ATTEST: Deborah Padovan, City Clerk Resolution 24-15 Page 9 Resolution 24-15 Page 2 EXFIIBIT"A" LEGAL DESCRIPTION FOR RIGHT OF WAY EASEMENT LANDS OF CARMACK 26815 ORTEGA DRIVE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, STATE OF CALIFORNIA,BEING A PORTION OF THE LANDS OF CARMACK AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED APRIL 8, 2010 AS DOCUMENT NO. 20671184, SAID LAND DESCRIBED IN SAID DEED AS "LOT 7, BLOCK H, AS SHOWN ON THAT CERTAIN MAP ENTITLED TRACT NO. 1848 FREMONT HILLS UNIT NO. 1, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA ON JANUARY 16. 1967, IN BOOK 76 OF MAPS PAGE(S) 12,13 AND 14." SAID PORTION BEING A STRIP OF LAND FIVE(5) FEET WIDE,THE SOUTHWESTERLY SIDELINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 7,SAID POINT BEING ON THE NORTHEASTERLY RIGHT OF WAY OF ORTEGA DRIVE(50'WIDE)AS SHOWN ON SAID MAP,SAID POINT BEING THE BEGINNING OF A CURVE,CONCAVE NORTHEASTERLY,HAVING A CENTRAL ANGLE OF 06030'00",A RADIUS OF 475.00 FEET AND A RADIAL BEARING OF SOUTH 48°30'00"WEST; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTHEASTERLY ALONG SAID CURVE 53.89 FEET; THENCE SOUTH 48000'00"EAST 57.63 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE NORTHEASTERLY,HAVING A CENTRAL ANGLE OF 40°07'09"AND A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 28.01 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 96022'13"AND A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 75.69 FEET TO THE NORTHEASTERLY LINE AND SOUTHERLY CORNER OF SAID LOT 7 AND THE END OF SAID SOUTHWESTERLY SIDELINE. THE NORTHEASTERLY SIDELINE OF SAID STRIP SHALL BE PROLONGED AND OR SHORTENED TO INTERSECT WITH THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT 7. CONTAINING 1,070 SQ.FT.,MORE OR LESS. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT`B"AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: �N® S(/�� ---- - - ---—- --- - - -------- -- MARCH 24,2015 N MICHAEL J.WALTERS,PLS 5528 DATE No. LS 5528 Exp. Q- F C� _ a RAW&91?5 Page 10 � LOT 6 BOUNDARY LINE BLOCK H PROPERTY LINE TRACT 1848 76 MAPS 11 RIGHT OF WAY EASEMENT N44001'25"E 226.59' (R) RADIAL BEARING < --TRUE POINT OF BEGINNING CORNER OF LOT 7) R=330.00' LAN Olt LANDS OF CARMACK S48'00'00"E 57.63' LOT 7 BLOCK H c C, EASEMENT DEDICATION TRACT 1848 76 MAPS 12-14 1,070 SO. IFT. APN 175-33-023 D=40*07'09" GROSS AREA 1.01 ACRES R=40.00' NET AREA 0..98 ACRES 0 25 50 10 D=96*22'13" S5856'OOnE 57.72A' 01 LEA & BRAZE+ENGINEERING, INC. PLAT TO ACCOMPANY A---& CIVIL ENGINEERS - LAND SURVEYORS LEGAL DESCRIPTION FOR BAY AREA REGION SACRAMENTO REGION RIGHT OF WAY EASEMENT 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 1300 HAYWARD. CALIFORNIA 94M5 ROSEVILi.E. CA 95661 FOR 26815 ORTEGA DRIVE (F) (510) 887-3019 (F) (916)797-7M3 LOS ALTOS HILLS, CALIFORNIA WWW.LEABRAZE.COM APN: 175-33-023 JOB #2140216, DRAWN BY- M.J. WALTERS MARCH 2015 �