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Home My WebLink About48-16 RESOLUTION 48-16 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Banatao) WHEREAS, Diosdado Banatao and Maria C. Banatao ("Owners"), are the owners of the property commonly known as 26810 Ortega Drive, Los Altos Hills, California; and WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A. Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement. The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 191h day of May, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: J Harpootlian, Mayor ATTEST: eborah Padovan, City Clerk Resolution 48-16 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 PATHWAY EASEMENT TO.THE TOWN OF LOS ALTOS HILLS (Lands of Banatao) THIS GRANT OF EASEMENT is made this day of usi 2016, by Diosdado Banatao and Maria C. Banatao ("Owners"),the owners of th property located at 26810 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 grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing,and future pathway facilities, for pedestrian, bicycle and equestrian use, 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 Exhibit A attached hereto ("Easement"). Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. [Next Page] Resolution 48-16 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: fiUG`I 2q c ?'D� Diosdado Banatao, Trustee Date: �- Maria, C. Banat o, Trustee TOWN OF OS ALTOS HILLS: Date: &C, usf /9 Z/� Zghn Harpootlian, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 48-16 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 Soho rn u ) On_D1 2ck , 2016, before me, �o r(%e z , Notary Public,-personally appeared D'i0SJ-oL (3mwx: -o.o , Aac:a C. Banakcaa , who proved to. me on the basis of satisfactory evidence to be the person(s) whose name(s) iar/are subscribed to the within instrument and acknowledged to me that X/ske/they executed the same in hV/lllr/their authorized capacity(ies), and that by �s/vr/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. Signature: �. (Seal) ERIC TORR'EZ Commission# 2031272 Z _ ;! Notary Public -California z. Z 'tom` Scnoma County D My Comm.Expires Jun 27,2017 Resolution 48-16 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 August 19, 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 personj'whose nameks)'is/ate subscribed to the within instrument and acknowledged to me that he/s� executed the same.in his/heg4h4i-r-authorized capacity,(iesrf; and that by hiaAteB4heir signature.(s)- on the instrument the person, or the entity upon behalf of which the person,(,s-j'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. f DEBORAH L.PADOVAN Commission#t 2104366 Signature: Seal a s Notarypublic•California (Seal) Santa Clara County Comm. Ires 19 2019 Resolution 48-16 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: August 19, 2016 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 48-16 Page 6 Certified as a true copy RESOLUTION 49-16 By of the Town of Los Altos Hills RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT -- (Lands of Banatao) WHEREAS, Diosdado Banatao and Maria C. Banatao ("Owners"), are the owners of the property commonly known as 26810 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 passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 18th day of August, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: o n Harpoothan, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 48-16 Page 7 Resolution 49-16 Page 1 EXHEBIT "A" LEGAL DESCRIPTION FOR PATHWAY EASEMENT LANDS OF BANATAO 26810 ORTEGA DRIVE TOWN OF LOS ALTOS HILLS,CA AN EASEMENT OVER THAT CERTAIN REAL PROPERTY,SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF LOT 12, BLOCK B OF THAT CERTAIN MAP OF TRACT NO. 1848 FILED FOR RECORD ON JANUARY 16, 1957 IN BOOK 76 OF MAPS PAGES 12-14, RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE ABOVE MENTIONED LOT 12; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 12 NORTH 52041'00"WEST 210.00 FEET TO THE WESTERLY CORNER OF SAID LOT 12;THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 NORTH 32025'21"EAST 17.56 FEET; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID LOT 12 SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 17.50 FEET NORTHEASTERLY, RIGHT ANGLE MEASURE, FROM THE SOUTHWESTERLY LINE OF SAID LOT 12, SOUTH 52041'00" EAST 212.93 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 42000'00"WEST 17.56 FEET TO THE POINT OF BEGINNING. CONTAINING 3,701 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART HEREOF. END OF DESCRIPTION PREPARED BY OR UNDER �` SAND THE SUPERVISION OF: �s� JUNE 29,2016 cA , MICHAEL J.WALTERS PLS 5528 DATE No. 5528 Exp. { ' e OF C qL�F®@, G:\Correspondence\2015 JOBS\2150739 SU\LEGALS\2150739-Pathway Esmt.doc PAGE 1 OF 2 Resolution 48-16 Page 8 X0 S.S.E. S.E• iljac� a a 5' P.O.E. 2_14 S41'30'00"E Q LAND 7N� ' �1 3 .00' �L a N32'25'21"E 17.56' 3 ca► 'i'� �' _ 10 n. a . 17.5' P• p E `. �; CoQ 76M1214 c� R=525.0 A OF Ct►�'� L=59.56' D=6'30'00" C'3 LOT 92 H w o BLOCK o o � r^ TRACT NO. 1848 o ti 776 til 92-94 CO LO O N O W O PATHWAY EASEMENT 3,701 + — SQ. FT. R=40.00' 0,0.08 +j ACRES L=28.01' 17.5 D=40'07'09" V �-R=45.00' \ L=75.69' LO4 7 D=96'22'13" BLpoCK � 0 /3060 120 Toftp 12—% S42 0"W 187.10 POINT OF BEGINNIN LAMDS OF PALO ALTO UO�FOCDD SCHOOL DOS4RMT 10' P.U.E. & S.S.E. LEGEND S42'00 00 W 17.56 ESMT. 76 M 12-14 SCALE, 1" 60' BOUNDARY LINE — — PROPERTY LINE EXISTING EASEMENT LINE PATHWAY EASEMENT -——————————- EXHIBIT "B" LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR PATHWAY EASEMENT BAY AREA REGION SACRAMENTO REGION LANDS OF BANATAO 2495 HAYWARD,INDUSTRIAL 94455455 3017 o EVILLLEE,CA 9 BLVD.61 300 26810 ORTEGA DRIVE (P,) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 TOWN OF LOS ALTOS HILLS, CALIFORNIA WWW.LEABRAZE.COM APN: 175-33-022 PAGE 2 OF 2 JOB #2151352CI 2150739SU DRAWN BY: M.J. WALTERS JUNE 2016