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HomeMy WebLinkAbout31-15 RESOLUTION 31-15 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Somekh Investments, LLC) WHEREAS, Somekh Investments, LLC ("Owner"), the owner of the property commonly known as 25055 La Loma 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 easement 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, Owner has offered to dedicate a certain portion of their property to the Town for right-of-way easement purposes; and WHEREAS,the private road does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects 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 regular meeting held on the 21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: Court ay C. C rri n, Mayor ATTEST: Deborah-Padovan, City Clerk Resolution 31-15 Page 1 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 IRREVOCABLE OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Somekh Investments,LLC) THIS IRREVOCABLE OFFER OF DEDICATION is made this )-) day of PA 1 , 2015, by Somekh Investments, LLC ("Owner"), the owner of the property located at 25055 La Loma Drive, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation("Town"). Section 1. Owner does hereby offers 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 rejects this offer of Dedication. IN WITNESS WHEREOF,the Owner has properly executed, and the Town has hereby rejected this offer of Dedication as follows: OWNER: Date: mekh Investments, LLC rLEASE SEE NOTARY AITAOHMENT Resolution 31-15 Page 2 r TO OF LOS ALTOS HILLS: Date: Co enay , or ATTEST: Deborah L. Padovan, City Clerk Resolution 31-15 Page 3 CALIFORNIA ALL® PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 On jkP R t L 23 r 243 1'�before me, J�-OrD 5-"`f' �u3L,�c (Here insert name and title of the ofncer) personally appeared A d 0 t-) , who proved to me on the basis of satisfactory evidence to be the person( whose name(A'is/al-subscribed to the within instrument and acknowledged to me that he/sem/they executed the same in his/h45f!r/thgifauthorized capacity(ie!�-"and that by his/holr'/tl-�Cir signature(,8jon the instrument the person(K r the entity upon behalf of which the personKacted, 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. miuuulmm�uunuuonnunuuumnnunumiiinunuiniiitiiiimu® MAULIK ANIL PANDIT COMM.#2089752 T WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA SAAN.�T�tAI CELxARAA COUNTY IIIIIIIIIII IIIII!lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�111lII�lllllllf�llllll�1IBimu� Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INF®RNiATI®N INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT f needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long r as the wording does not require the California notary to violate California notary ht`��y dcAWr 1' P�� � r law. (Tifle or description of attached docu ent) H _O State and County information must be the State and County where the document C A•SCM / signer(s)personally appeared before the notarypublic for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER c Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 1}e/shehhe};is/are)or circling the correct forms.Failure to correctly indicate this Individual (s) information may lead to rejection of document recording. ;❑ Corporate Officer o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s). - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a Resolution 31-15 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Page 4 2915 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 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 May 22, 2015, before me, Deborah L. Padovan, Notary Public, personally appeared Courtenay C. Corrigan, who proved to me on the basis of satisfactory evidence to be the person f�whose name.(`is/� subscribed to the within instrument and acknowledged to me that 4@/she/ y executed the same in*tis/her/thzir authorized capacity(i<, and that by his/her4mir signaturefe on the instrument the person, or the entity upon behalf of which the persorl(e 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#2104366 —Le- -p Notary Public-California g ' Santa Clara County Signature: (Seal) AA Comm. Iree r 19 2019+ Resolution 31-15 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: May 22, 2015 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 31-15 Page 6 Cer`u led as a tz-.copy RESOLUTION 31-15 Gtr C n.-k of Me Tovn of Los A,,cs i s RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of Somekh Investments,LLC) WHEREAS, Somekh Investments, LLC ("Owner"), the owner of the property commonly known as 25055 La Loma 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 easement 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, Owner has offered to dedicate a certain portion of their property to the Town for right-of-way easement purposes; and WHEREAS,the private road does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects 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 regular meeting held on the 21 st day of May, 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: ATTEST: rri Court y C. C n, Mayor Deborah Padovan, City Clerk Itesoo ution 3 -I5 Pae I Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution 31-15 Page 8 Page 1 of 4 EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY EASEMENT LANDS OF SOMEKH INVESTMENTS, LLC 25055 LA LOMA DRIVE TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA APN: 336-30-060 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LAND AS DESCRIBED IN THAT CERTAIN GRANT DEED FILED FOR RECORD ON JANUARY 4, 2013 AS DOCUMENT NO. 22035647, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AREA ONE ALL.THAT CERTAIN PORTION OF PARCEL ONE AS DESCRIBED IN SAID DEED DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF LA LOMA DRIVE, WITH THE CENTERLINE OF EL MONTE AVENUE, AS SHOWN ON THE MAP OF TRACT NO. 1275, TOYON HILLS ESTATES,AS RECORDED ON MAY 10, 1954 IN BOOK 48 OF MAPS, AT PAGE 56, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF EL MONTE AVENUE AS SHOWN ON RECORD OF SURVEY MAP RECORDED JUNE 18, 1954 IN BOOK 49 OF MAPS, AT PAGE 15, SANTA CLARA COUNTY RECORDS, NORTH 38°46'25" EAST 36.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF EL MONTE AVENUE,NORTH 38046'25"EAST 0.07 FEET; THENCE LEAVING THE CENTERLINE OF EL MONTE AVENUE NORTH 19023'25" EAST ALONG THE WESTERLY LINE OF SAID DEED 50.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 26°41'47" AND A RADIUS OF 110.50 FEET AND A RADIAL BEARING OF SOUTH 74004'20"WEST;THENCE LEAVING SAID WESTERLY LINE SOUTHEASTERLY ALONG SAID CURVE 51.49 FEET; THENCE ALONG A SOUTHERLY LINE OF SAID LANDS AS DESCRIBED IN SAID DEED NORTH 79013'53"WEST 19.33 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 581 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT`B"AND BY REFERENCE MADE A PART HEREOF. Resolution 31-15 Page 9 Page 2 of 4 AREA TWO ALL THAT CERTAIN PORTION OF PARCEL FOUR AS DESCRIBED IN SAID DEED DESCRIBED AS FOLLOWS: COMMENCING AT THE DESCRIBED"POINT OF BEGINNING"OF PARCEL FOUR AS DESCRIBED IN SAID DEED; THENCE ALONG A SOUTHWESTERLY LINE OF SAID LANDS AS DESCRIBED IN SAID DEED NORTH 70036'35"WEST 7.86 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 70036'35"WEST 12.14 FEET TO A POINT COMMON WITH A NORTHWESTERLY LINE OF SAID LANDS;THENCE NORTH 72°31'13"EAST 8.83 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 03048'17",A RADIUS OF 110.50 FEET AND A RADIAL BEARING OF SOUTH 63043'44" WEST;THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LANDS SOUTHEASTERLY ALONG SAID CURVE 7.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 32 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION IS SHOWN ON EXHIBIT"C"AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: SAND APRIL 24,2015 1. PSL 1 T Fj MICHAEL'J. TR � S PLS 5528 DATE D F� N No. LS 5528 Exp. LP 9T`r OF CA i Resolution 31-15 Page 10 I I LANDS OF LANDS OF LEGEND ZECHMEISTER S SOMEKH INVESTMENTS, LLC 1 w DOC. 22035647 — — BOUNDARY LINE 01PROPERTY LINE o LAN RIGHT OF WAY EASEMENT CENTERLINE c., m (R) RADIAL BEARING - - -- - — - — --- - - ------ OF C N19'23'25"E 50.15' / R=110.50' L=51.49' �r ? N2 D=26'41'47" RIGHT—OF—WAY EASEMENT 7 (AREA-1) Q 0 m 3"W 581 SQ. FT. 1V \ N38'46'25"E 0.07' .� N7913'53"W 19.33' TRUE POINT OF BEGINNING 3683',6'25"W • N58'24'48"W _ N38'46'25"E 0.07 R=20.00' DETAIL TRUE POINT 0L=24.15' N.T.S. BEGINNING D=69'10'55" (SEE DETAIL) S38'46'25"W 36.31' 0 15 30 60 POINT OF N58'24'485'W COMMENCEMENT LA LOMA DRIVE (609) SCALE 1" - 30' PAGE 3 OF 4 EXHIBIT "B" Ak LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY CIVIL ENGINEERS • LAND SURVEYORS LEGAL DESCRIPTION FOR BAY AREA REGION SACRAMENTO REGION RIGHT OF WAY EASEMENT-AREA ONE 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 1300 .o HAYWARD. CALIFORNIA 94545 ROSEVILLE, CA 95661 25055 LA LOMA DRIVE (P) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 LOS ALTOS HILLS, CALIFORNIA - WWW.LEABRAZE.COM APN: 336-30-060 JOB #2140570 DRAWN BY. M.J. WALTERS APRIL 2015 � n LANDS OF �? LANDS of LEGEND ZECHMEISTER t SOMEKH INVESTMENTS, LLC 1 w /;P DOC. 22035647 — — BOUNDARY LINE Nr k� PROPERTY LINE II Y o` RIGHT OF WAY EASEMENT m P — CENTERLINE (R) RADIAL BEARING Ra110 soy /� C1 _. L L1 SOFA POINT OF COMMENCEMENT gRFq�YFq L y TRUE POINT OF BEGINNING 4. 2J SFM CURVE TABLE N2), x FNT o CURVE DELTA RADIUS LENGTH `A gs� �� N C1 03'48'17" 110.50' 7.34' C3, COURSE TABLE 02�s, 0) COURSE BEARING DIST. ; W \ o co L1 N70'36/35"W 7.86 L,' Q L2 N70'36'35"W 12.14' �'• N58'24'48"W L3 N72'31'1 3-E 8.83' of cP�� R=20.00' L=24.15' D=69'10'55" S38'46'25"W 36.31 0 15 30 60 N58'24'485'W "J" LA LOMA DRIVE (609 ) SCALE, 1" - 30' PAGE 4 OF 4 EXHIBIT "C" At LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY CIVIL ENGINEERS • LAND SURVEYORS LEGAL DESCRIPTION FOR BAY AREA REGION SACRAMENTO REGION RIGHT OF WAY EASEMENT-AREA TWO 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 b HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 25055 LA LOMA DRIVE (P) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 LOS ALTOS HILLS, CALIFORNIA N WWW.LEABRAZE.COM APN: 336-30-060 JOB f21405701 DRAWN BY: M.J. WALTERS APRIL 2015