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HomeMy WebLinkAbout04-16 RESOLUTION 04-16 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC SANITARY SEWER EASEMENT ON LANDS OF PATEL WHEREAS, Ishwar J. Patel and Sandhya 1. Patel, co-trustees of the Sandhya I. Patel Trust dated March 5, 2008, and Surag I. Patel ("Owners), the owners of the property commonly known as 11637 Dawson Drive, Los Altos Hills; and WHEREAS, the Owners have offered to dedicate an easement within the property to the Town of Los Altos Hills ("Town") on the Lands of Patel; and WHEREAS, the City Council has determined that acceptance of the Grant of Public Sanitary Sewer Easement serves an important public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Town hereby accepts the Grant of Public Sanitary Sewer Easement on behalf of the public and that the Mayor is hereby authorized and directed to execute the Grant of Public Sanitary Sewer Easement. 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 27th day of January, 2016 by the following vote: AYES: Harpootlian,Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: hn Harpootlian, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 04-16 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 GRANT OF PUBLIC SANITARY SEWER EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Patel) THIS GRANT OF EASEMENT is made this o;8 day of �Q/Z+�Q , 20L, by Ishwar J. Patel and Sandhya 1. Patel, co-trustees of the Sandhya I. Patel Trust d ed March 5, 2008 as to an undivided 2/3`d interest and Surag 1. Patel, a married man, as his sole and separate property as to an undivided 1/3`d interest of the property commonly known as 11637 Dawson 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 grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future sanitary sewer easement,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 Exhibits A attached hereto ("Easement"). Section 2. Owner shall not allow the placement or construction of any structures, improvements, or landscaping on the Easement that would unreasonably interfere with Town's rights hereunder. Owner must obtain consent from Town prior to placing any structures, improvements, or landscaping on the Easement that could unreasonably (a) interfere with or damage the sanitary sewer system in the Easement or (b) interfere with Town's access rights to the Easement as reasonably determined by the Town. Section 3. Except in case of emergency, Town shall use reasonable efforts to give reasonable prior notice to Owner as is practicable under the circumstances regarding any proposed entry onto the Property to perform work in the Easement. All such work (other than emergency repairs) shall be performed during ordinary working hours in a professional manner, and so as to minimize inconvenience to Owner. Section 4. The Town hereby accepts this grant of easement on the terms herein stated. Resolution 04-16 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: 12, Ishwar J. Patel Date: �2'—�(' �> Sandhy I. Pat Date: 12_- [k, -�' Sur f 1. Patel TOWN OF LOS ALTOS HILLS: Date: Mayor ATTEST: Deborah Padovan, City Clerk Resolution 04-16 Page 3 IN WITNESS WHEREOF, the Owners have properly executed,and the Town has hereby accepted,this grant of the Easement as follows: OWNERS: Date: Ishwar J. Patel Date: 2' J San dhy I. Pa Date: )Z t e j Sur f I. Patel TOWN F LOS ALTOS HILLS: Date: 01 Lag a0/� Mayor John Harpootlian ATTEST: - Deborah Padovan, City Clerk Resolution 04-16 Page 4 GRANTOR ACKNOWLEDGMENT STATE OF K)(,V\5(A_S ) COUNTY OF On Z — - (_��, before me, 'L ,a Notary Public, personally appeared _ vu G-}-� ,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. 1 certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC-State d Kansas LAURIE A JONES My APDL Exom '/ al) Nota Public STATE OF KcAns_ S ) COUNTY OF �,�� ) On , before me, l.C�cit/t ��Z�t".3 , a NotaryPublic, personally appeared S ►ti}-C ,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 she executed the same in her authorized capacity, and that by her 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 K C, S that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY pU LAURIE A tW of Kensee Mr AppL EVIres 1) No ary Public Resolution 04-16 Page 5 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 Ca ifornia County of �the On r � � �\5before me1.� Dia k LII� OJ4/� fVublr.Date ere I sert Name and Title icer personally appeared �U IrQ —� . 7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose namefs) is/ere subscribed to the within instrument and acknowledged to me that he/sbefthey executed the same in his/*erft♦-io_*authorized capacity0e4 and that by hisAie64h,_;signature*on the instrument the person(s), or the entity upon behalf of which the personN-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph r2- 10MEEI t L P1A0011AN is true and correct. oe*2104366 Notary Pubde-California WITNESS my hand and official seal. Smh Clara Courcy r6MVCWWDftAPr19,2019 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 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): ❑ 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: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Resolution 04-16 Page 6 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 January 28, 2016, before me, Deborah L. Padovan, Notary Public, personally appeared John Harpootlian, who proved to me on the basis of satisfactory evidence to be the person(s) whose nameKis/af.,- subscribed to the within instrument and acknowledged to me that h0sl"reft ay executed the same in hisPhenth r authorized capacity0es4, and that by his+erftt=ir signatures-} on the instrument the person, or the entity upon behalf of which the persontn4.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 JADOVAN Commission#2104366 Signature (Seal) rA Notary Public-California Santa Clara County Comm.ExOres Aar 19.20191 Resolution 04-16 Page 7 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: January 28, 2016 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 04-16 Page 8 Cer`Jfsd as a true copy RESOLUTION 04-16 C Ga;��aft ci ii:�7or.l cfi�ILJ Y...vJ i ...J A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC SANITARY SEWER EASEMENT ON LANDS OF PATEL WHEREAS, Ishwar J. Patel and Sandhya I. Patel, co-trustees of the Sandhya I. Patel Trust dated March 5, 2008, and Surag I. Patel ("Owners), the owners of the property commonly known as 11637 Dawson Drive, Los Altos Hills; and WHEREAS, the Owners have offered to dedicate an easement within the property to the Town of Los Altos Hills ("Town") on the Lands of Patel; and WHEREAS, the City Council has determined that acceptance of the Grant of Public Sanitary Sewer Easement serves an important public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Town hereby accepts the Grant of Public Sanitary Sewer Easement on behalf of the public and that the Mayor is hereby authorized and directed to execute the Grant of Public Sanitary Sewer Easement. 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 27th day of January, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: ) -, hn Harpootlian, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 04-16 Page 9 Resolution 04-16 Page 1 Exhibit"A" LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT LANDS OF PATEL 11637 DAWSON DRIVE, LOS ALTOS HILLS,CA Situate in the Town of Los Altos Hills,County of Santa Clara,State of California. Being a portion of Parcel C,as said Parcel is shown and delineated on that certain Parcel Map filed for record on December 20,2012 in Book 858 of Maps at Pages 15 through 18,Santa Clara County Records,which is more particularly bounded and described as follows: Beginning at a found 3/4"iron pipe tagged "LS 7626" at an angle point in the southeastern boundary of said Parcel C from which a found 3/4" iron pipe tagged" LS 7626" at an angle point in the southeastern boundary of said Parcel C,as said iron pipes are shown and delineated on the aforementioned Parcel Map, bears North 110 02' 58" East 76.21 feet distant. Thence from said point of beginning along said last mentioned boundary North 110 02' 58" East 51.28 feet to a point of intersection with the southern line of a 10 foot sanitary sewer easement shown on the aforementioned Parcel Map;thence leaving said last mentioned boundary and along said southern sanitary sewer easement line South 73°57' 54" East 25.09 feet to a point in the western boundary of Lot 30, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 6462 San Antonio Rancho Unit No. 3,"filed for record on May 15, 1979 in Book 441 of Maps at Pages 30 through 32,Santa Clara County Records;thence along said last mentioned boundary North 110 02' 58" East 46.85 feet to the northern line of Dawson Drive; thence along the northern line of Dawson Drive along a curve to the left from a radial bearing of South 11°02' 58" West and having a radius of 140.00 feet through a central angle of 100 17' 12" an arc length of 25.14 feet to the point of beginning of this description. Containing 1,217 square feet of land, more or less. Basis of Bearings is North 110 02' 58" East and based upon the Southern boundary of Parcel C as shown on that certain Parcel Map filed in Book 858 of Maps at Pages 15 through 18,Santa Clara County Records and established between found monuments as shown thereon and on the accompanying Plat for this description. Attached hereto is a plat labeled Exhibit"B" and by this reference made a part thereof. Compiled by Alpha Land Surveys, Inc. in April of 2015. SAND SU P�.PAut t8.4A ESo 8807 can-Paul Happee, PLS 88 OF CA RpSge°r O 1 Page 10 LAND ANDS (N 15.28'54" E 279.57)(A) v P� ; r- a 88 * o to W 4 Of CALIF24 o -� � - 41 �� N r- oc / co �-0• i M 3 SEE SHEET 3 L1 r FOR DETAIL `�; ' 1I ' AL2 � 11 L4 I 1 PATEL PARCEL C L1 = (S 11'02'58" W 56.89)(A) 858-M-15 THRU 18 1 L2 = (N 11'02'58" E 76.21)(A) IRV o L3 = (S 73'57'54" E 99.00)(A) I L4 = (S 73'57'54" W 14.89)(A) 11 . Q 1 Cl = (R=140.00 L=25.14) °' (DELTA=10.17'12")(A) o • rn 1 xo ao L-------------------- IR �� to � i J w LEGEND & ABBREVIATIONS 0= LU L �. It • FOUND 3/4" I.P. LS 7623 •.rni POB POINT OF BEGINNING PROPERTY LINE N CENTER LINE v -- --------- EXISTING EASEMENT LINE ® DEDICATION AREA (S 2236'17" REFERENCES W 442.77)(q) (A) 858—M-15 THRU 18 120 0 60 120 1 INCH = 120 FT. EXHIBIT B ALPHA LAND SURVEYS, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR APR 20, 2015 4444 SCOTTS VALLEY DRIVE, SUITE 7 SANITARY SEWER EASEMENT SCALE 1"=120 LANDS OF PATEL ISCOTTS VALLEY, CA 95066 831 438-4453 Regal nMV&N DRIVE, LOS ALTOS HILLS, CA PAGE 29'ab 1 S�©SAND vti� AO�Nqp Ej0 I BYUN/KIM i ~ APN 336-48-001 I �. 88 * LOT 30 TRACT NO. 6462 q 441-M-30 THRU 32 S 11'02'58" IW RADIAL ..... S 11' 02' 58" W 56.89 .......... .. .. .......... .. 4j OF C A�,1F .. � U-1 46.85 I PATEL PARCEL C I LO 858-M-15 THRU 18 I i. I o Cl , p APN 336-42-029 I `n I N POB N 51.28 �✓ 58" E 76.21)(A) \ d (N 11 02 A I I \I I SANITARY SEWER I I EASEMENT 1,217 SF f I N I I M I a l 0 I \ o YANG APN 336-48-014 w L I w L I z � sq o 10 zo LEGEND & ABBREVIATIONS Q N I W • FOUND 3/4" I.P. LS 7623 v I I 1 INCH = 20 FT. POB POINT OF BEGINNING Of PROPERTY LINE Z I C1 = (R=140.00 L=25.14) --- CENTER LINE cn I (DELTA=10'17'12')(A) — — — EXISTING EASEMENT LINE c' I ® DEDICATION AREA BASIS OF BEARINGS N I IS NORTH 11' 02' 58" EAST AND BASED UPON THE SOUTHERLY X I BOUNDARY OF PARCEL C AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN BOOK 858 OF MAPS AT PAGES 15 THROUGH 18, SANTA CLARA COUNTY RECORDS AND ESTABLISHED BETWEEN FOUND MONUMENTS AS SHOWN THEREON. I EXHIBIT B ALPHA LAND SURVEYS, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR APR 20, 2015 4444 SCOTTS VALLEY DRIVE, SUITE 7 SANITARY SEWER EASEMENT SCALE 1"=20' ���{ LANDS OF PATEL SCOTTS VALLEY, CA 95066 831 438-4453 Re�c�1�1 T81-90N DRIVE, LOS ALTOS HILLS, CA PAGE 3 3