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HomeMy WebLinkAbout31-16 RESOLUTION 31-16 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 AND ACCEPTING PUBLIC UTILTIY EAEMENT,AND PATHWAY EASEMENT (Lands of Sloss) WHEREAS, Benjamin and Christine Sloss ("Owners"), the.owners of the property commonly known as 28025 Natoma Road, Los Altos Hills, California; and WHEREAS, the Owners wish to change the offer of dedication from "Right of Way and Utility Easement'to "Right of Way Easement, Public Utility Easement, and Pathway Easement"; and WHEREAS, the private road Charles Avenue 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 but accepts the public utility easement and pathway 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 as a regular meeting held on 16th of June, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: JofinlHarpootlian, Mayor ATTEST: Deborah-L. Padovan, City Clerk Resolution 31-16 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 IRREVOCABLE OFFER OF RIGHT-OF-WAY EASEMENT, PUBLIC UTILITY EASEMENT,AND PATHWAY EASEMENT DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Sloss) THIS IRREVOCABLE OFFER OF DEDICATION is made this 1-3 day of , 2016, by Benjamin Sloss and Christine Sloss, Trustees or their successors, of the Slos . evocable Trust dated July 17, 2012 ("Owners"), the owners of the property located at 28025 Na oma Road, 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, public utility easement, pathway easement 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 the offer of public utility easement and pathway easement but rejects the offer of right of way easement. IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted the offer of public utility easement and pathway easement. The Town also rejected the offer of right of way easement as follows: Resolution 31-16 Page 2 OWN . R: Date: enjamin Sloss OWNER: Date: 3 Christine Sloss TOWN OF LOS ALTOS HILLS: Date: )1156 Harpootlian, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 31-16 Page 3 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 0ara ) On c3v 2016, before me, S LA2Sn()e, \/-' 5 , Notary Public, personally 6ppeared Cjnr I S 1 n e- S Sn SS I 1?2.n jeqn i tri pC , who proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) ig/are subscribed to the within instrument and acknowledged to me that hQ4skc/they executed the same in hi:s7�their authorized capacity(ies), and that by r/their signature(s) on the instrument the person, 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 is true and correct. WITNESS my hand and official seal. "d"`� SUZ�FINE AVILA Commission#2943020 $ "a► Notary Public-California z� Santa Clara County (Seal) Resolution 31-16 Page 4 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 June 17, 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 name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, 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 is true and correct. WITNESS my hand and official seal. r DEBORAH L.PADOVAN Commission#2104366 = p;. Notary Public-California Signature: (Seal) Santa Clara County Comm. ares Apr 19,2019 Resolution 31-16 Page 5 RESOLUTION 31-16 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 AND ACCEPTING PUBLIC UTILTIY EAEMENT,AND PATHWAY EASEMENT (Lands of Sloss) WHEREAS, Benjamin and Christine Sloss ("Owners"), the owners of the property commonly known as 28025 Natoma Road, Los Altos Hills, California; and WHEREAS,the Owners wish to change the offer of dedication from "Right of Way and Utility Easement" to "Right of Way Easement, Public Utility Easement, and Pathway Easement"; and WHEREAS, the private road Charles Avenue 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 but accepts the public utility easement and pathway 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 as a regular meeting held on 16th of June, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: Johnf Harpootlian, Mayor ATTEST: � � Certified as a true copy Deborah L. Padovan, City Clerk Sy City Clerk of the Town of Los Altos Hills Eeollulion 31-16 Page 6 Rsolution 31-16 Page I EXHIBIT A LEGAL DESCRIPTION IRREVOCABLE RIGHT OF WAY EASEMENT, PUBLIC UTILITY EASEMENT, AND PATHWAY EASEMENT DEDICATION LANDS OF SLOSS 28025 NATOMA ROAD, LOS ALTOS HILLS, CA AN IRREVOCABLE RIGHT OF WAY EASEMENT, PUBLIC UTILITY EASEMENT, AND PATHWAY EASEMENT DEDICATION OVER THE FOLLOWING DESCRIBED PARCEL OF LAND SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 16 AS SHOWN UPON THE MAP ENTITLED, "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION", WHICH MAP WAS FILED FOR RECORD JUNE 25, 1894 IN BOOK H OF MAPS AT PAGES 76 AND 77, SAID EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE CENTERLINE OF ELENA AVENUE (NOW CALLED NATOMA ROAD) AT THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2263 AS SHOWN ON THE MAP FILED OCTOBER 26, 1958 IN BOOK 113 OF MAPS AT PAGE 22, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF COMMENCEMENT SOUTHWESTERLY ALONG SAID EASTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 76015 `17" WEST 24 . 58 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE EASTERLY LINE OF THE LANDS OF GENE M. AND REBECCA B. STIRLING AS .SHOWN ON LAST SAID MAP SOUTH 21047 `48" WEST 73 . 74 FEET; THENCE LEAVING LAST SAID LINE ALONG A LINE PARALLEL TO SAID SOUTHERLY LINE OF TRACT NO. 2263 AND DISTANT 60 . 00 FEET AT RIGHT ANGLES THEREFROM, SOUTH 760 15 ' 17" WEST 347 . 62 FEET; THENCE ALONG A LINE NO LONGER PARALLEL TO SAID SOUTHERLY LINE OF TRACT NO. 2263 SOUTH 680 00 ' WEST 99. 57 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE ALONG LAST SAID LINE NORTH 40 20 ' WEST 92 . 00 FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT NO. 2263; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 2263 NORTH 850 28 ' 16" EAST 102 . 81 FEET AND NORTH 760 15 ' 17" EAST 372 . 50 FEET TO THE TRUE POINT OF BEGINNING. THE PARCEL CONTAINS 29, 160 SQUARE FEET MORE OR LESS . DESCRIPTIONS PREPARED BY: LSD.S& ' `1-1 1v « LEY JOH W. PETTLEY, L. S. 62 0 2 DATE No.6202 LIC. E P. 03-31-18 TA �a� ' eet 1 of 2 ®iF C��-®F�� Resolution 31-16 Page 7 \ X / p :-S'� O o N �' .0 0 40 80 160 240 0 _ 1 2 _ ..,3 T CD E SCALE: 1"=80' a m a 70 Z Ln LC)-r 16 N Q rn � 1�lJAP Dr rFL]L E vV rn D Z -' JJDJVJSJDI\l OF LOT cnc �t� 1 2 AJND A FAFR7 Jr V;V)oto t LC)-r 1 JF 7Hr rAArF PAFS71-r J 0 J Ent a z TRAC-r lf6)03 113 j\j1. 22 yl t � � 1 W C O CD cp. LO O CN N -0 O O O 00 � Z O — — — — 92.00' — — o N 4°20 W m z a LANDS OF -rJP ELEGANT V �S- �� \ 1�11r� 1"» rJ �J-r LLC \ c \ W I LS EY101103HAM 3130 La Selva Street, Suite 100 San Mateo, CA 94403 Phone 650-349-2151 Fax 650-345-4921 T LA co � ND SUNG EXHIBIT A JOB, N0. PLAT TO ACCOMPANY LEGAL DESCRIPTION cam` JOHN L - 999-002-01 t15NETT X02 IR )VOCABLE RIGHT OF WAY EASEMENT, PUBLIC UTILITY EASEMENT, * AND PATHWAY EASEMENT DEDICATION SHEET 2 OF 2 P. --3 l— 153 �Q LANDS OF SLOSS , 0 Res2=�INATOMA ROAD SCALE: 1"=80 F Of CALF LOS ALTOS HILLS SANTA CLARA COUNTY CALIFORNIA DA : 04-18-16