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HomeMy WebLinkAbout49-16 RESOLUTION 49-16 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 18`h day of August, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSENT: None ABSTAIN: None BY: o n Harpootlian, Mayor ATTEST: Deborah Padova-n, City Clerk Resolution 49-16 Page I 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 Banatao) THIS DEDICATION is made this ff day of GLS , 2016, by Diosdado Banatao and Maria C. Banatao ("Owners"), the owners of the 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 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: OWNERS: Date: 7/-fZo 14 Diosdado Banatao, Trustee Date: 7 � Z0t� `�; Maria C. Banata Yrrustee Resolution 49-16 Page 2 TOW OF LOS ALTOS HILLS: Date: kC&SM. �)o John Harpoot ian, Mayor ATTEST: eborah L. Padovan, City Clerk Resolution 49-16 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 OFtna ) On JN1y 2�t , 2016, before me, Rric Tore-1 , Notary Public, personally appeared P. 13aevAc o , IA,ri 4 C. 'Qa ro,3,,.o , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that WsYe/they executed the same in hisr/hof/their authorized capacity(ies), and that by h4s/lacr/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 TORREZ Commission # 2031272 zE� t Notary Public -California z Z�?i Sunoma County r � My Coinm.Expires Jun 27,2017 J Resolution 49-16 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 person(s-)-'whose name(s,y is/arm subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his thrix authorized capacityLigs-), and that by his/h�r signature4)- on the instrument the person, or the entity upon behalf of which the persorl(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. DEBORAH L.PADOVAN Commission#2104366 Notary Public-California i Santa Clara County Signature: (Seal) MX Comm.Expires Apr 19,2019 Resolution 49-16 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 49-16 Page 6 Certified as a true copy RESOLUTION 48-16 By RESOLUTION_OF THE CITY COUNCIL OF THE" Clerk of the Town-of Los Altos Hills 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 19th 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 49-16 Page 7 Resolution 48-16 Page I EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY EASEMENT LANDS OF BANATAO 26810 ORTEGA DRIVE TOWN OF LOS ALTOS HILLS, CA AN EASEMENT OVER 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 NORTHERLY CORNER OF THE ABOVE MENTIONED LOT 12; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 SOUTH 32025'21"WEST 5.20 FEET; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID LOT 12 SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 5.00 FEET SOUTHWESTERLY, RIGHT ANGLE MEASURE, FROM THE NORTHEASTERLY LINE OF SAID LOT 12, SOUTH 41030'00" EAST 34.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,HAVING A CENTRAL ANGLE OF 06030'00"AND A RADIUS OF 530.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 60.13 FEET; THENCE SOUTH 48000'00" EAST 57.63 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 40007109" AND A RADIUS OF 35..00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 24.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 88033156" AND A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 77.29 FEET TO A POINT ON• THE SOUTHEASTERLY LINE OF SAID LOT 2;THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID LOT 2 NORTH 42000'00"EAST 8.17 FEET TO A POINT ON THE RIGHT OF WAY LINE OF ORTEGA DRIVE AS SHOWN ON SAID MAP, . SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 96022113", A RADIUS OF 45.00 FEET AND A RADIAL BEARING OF SOUTH 14015'04" EAST; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR (4) COURSES AND DISTANCES: NORTHWESTERLY ALONG SAID CURVE 75.69 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A CENTRAL ANGLE OF 40007109" AND A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 28.01 FEET; THENCE NORTH 48000100" WEST 57.63 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 06030100" AND A RADIUS OF 525.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 59.56 FEET; THENCE NORTH 4103 0'001'WEST 36.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,277 SQUARE FEET,MORE OR LESS. THE ABOVE DESCRIPTION SHOWN ON EXHIBIT"B"ATTACHED AND BY REFERENCE MADE A PART • HEREOF. PART--.---- �_A D END OF DESCRIPTION 0 PREPARED BY OR UNDER THE SUPERVISION OF: No. 5525 Exp. JUNE 29,2016 MICHAEL J.WALTERS PLS 5528 DATE A � OF GACoffespondence\2015 JOBS12150739 SU\L.EGALS\2150739-Right of Way Esmt.doc PAGE 1 OF 2 Resolution 49-16 Page 8 LID, 12514 gPOINT OF BEGINNING ilii p.U.E. & 1 [� 41'30'00"W O Jo 36.00' 5' p.U.E� 17. .. S.D•E OP. DALE s. 4 LINE TABLE S. E�&2-1 r- 76 rJ Chi LINE BEARING LENGTH bb'LOr R=525.0 Ll S32'25 21 W 5.20 'CI►�,� L=59.56' 9 S41*30#00"E 34 56 D=6'30'00" Q S48*00'00"E W LOT 12 N42'00 00 E 8.17 H - I L5 I S14'15'04-E BLOCK Cha o o CURVE TABLE TRACT NO. 1848 J or boulCURVE DELTA RADIUS LENGTH 76 til 92-94 ,q- ZC2 40-07#09" 24.51 N '.5 Q M a V S' R=40.00' R=45.00' L=28.01' L=75.69' D=96'22'13" D=40'07'09" \ 10'MTP. & S.S.E. W RIGHT OF AY 0 9 ESMT. 76 M 12-14 / EASEM NT — _ — 1,277 +�— SQ. FT. 0 30 60 120 S42'00'OO"W 187.10 0.03 + - ACRES LANDS OF PALO A(L40 UaMED SCHOOL o o LL 00STRMT LEGEND SCALE, V - 60' BOUNDARY LINE — — PROPERTY LINE EXISTING EASEMENT LINE RIGHT OF WAY EASEMENT LINE-——————————- EXHIBIT $'B" LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR RIGHT OF WAY EASEMENT BAY AREA REGION SACRAMENTO REGION LANDS OF BANATAO 2495 HAYWINDUSTRIAL ARD, CALIFORNIA 445545 RO EVILLE, CA 9 3017 DOUGLAS 6611 3 26810 ORTEGA DRIVE (P) (510) 887-4086 (P) (916)966-1338 TOWN OF LOS ALTOS HILLS, CALIFORNIA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM APN: 175-33-022 PAGE 2 OF 2 JOB #2151352CI 2150739SU DRAWN BY. M.J. WALTERS JUNE 2016