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HomeMy WebLinkAbout56-16 RESOLUTION 56-16 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT (Lands of West Loyola Drive,LLC) WHEREAS, West Loyola Drive, LLC ("Owner"), is the owner of the property commonly known as 10490 West Loyola 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, Owner has 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of September, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: o n Harpootlian, Mayor ATTEST: eborah Padovan, City Clerk Resolution 56-16 Pagel 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 West Loyola Drive, LLC) THIS DEDICATION is made this day of V A j,,t_Sr— , 2016, by West Loyola Drive, LLC, a California Limited Liability Company Owner"), the owner of the property located at 10490 West Loyola 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 accepts this Dedication. IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this Dedication as follows: *R:1Date: 'R 1 0� Uest Resolution 56-16 Page 2 TOWN OF LOS ALTOS HILLS: Date: John Harpokian, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 56-16 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 ) C ) COUNTY OF On 2016, before e, Ol �V UL ^a� , Notary Public, person ly appeared __SIP JA I - , who proved to me on the basis of satisfactory evidence to be the person(A whose name�H) is/ay6 subscribed to the within instrument and acknowledged to me that he/safe/they executed the same in his/her/their authorized capacity(i�A), and that by his/14r/t�6ir 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o. THon Nsoc rtiAN Commission# 1990497 Notary Public -California z San Mateo County My Comm. Expires Sep 7, 2016 Signature: (Seal) Resolution 56-16 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 September 16, 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. DEBORAH L.PADOVAN Commission#2104366 -�+ Notary Public•California Signature: (Seal) Santa Clara County M Comm.Expires Apr 19 2019 Resolution 56-16 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: September 16, 2016 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 56-16 Page 6 Certified as a true copy RESOLUTION 56-16 B RESOLUTION OF THE CITY COUNCIL OF THE Clerk of the Towrrof Los Altos Hills TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT- (Lands of West Loyola Drive,LLC) WHEREAS, West Loyola Drive, LLC ("Owner"), is the owner of the property commonly known as 10490 West Loyola 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, Owner has 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 was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 15th day of September, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: o n Harpootlian, Mayor ATTEST: � eborah Padovan, City Clerk es lution 5 -1g Page 7 esoolution 5 -1 Page I f i t LA-10 EXHIBIT "A" � Legal Description of Right of Way Easement ~orf F CAI�F�R� Lands of West Loyola Drive, LLC _ 10490 West Loyola Drive Los Altos Hills, California An easement over that certain real property in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: BEGINNING at the most westerly corner of the lands of West Loyola Drive, LLC, as described in that certain Grant Deed, which was recorded as Document No. 23187503 of Official Records, in Santa Clara County, State of California, said point being on the centerline of Loyola Drive, (now West Loyola Drive), at the common corner of Lots 103 and 104, as said lots and drive are so designated and delineated upon that certain map entitled "Map of Los Altos Country Club Properties", which was filed for record on January 21, 1924, in Book "R" of Maps, at Pages 50 through 53, in Santa Clara County Records, said Point of Beginning being on a curve, concave to the southeast, having a radius of 165.00 feet, from a radial bearing of North 48048'00 West; thence, easterly, along the centerline of West Loyola Drive along said curve to the right, through a central angle of 3719'00", an arc distance of 107.46 feet; Thence, continuing along the centerline of West Loyola Drive, North 78031'00" East, 125.43 feet, to the beginning of a tangent curve to the left, having a radius of 92.60 feet; Thence, continuing along the centerline of West Loyola Drive, easterly, along said curve, through a central angle of 05030'00", an arc distance of 8.89 feet, to the most northerly corner of said Lands of West Loyola Drive, LLC; Thence, along the easterly boundary of said Lands of West Loyola Drive, LLC, South 16059'00" East, 20.00 feet, to an angle point; Thence, continuing along the easterly boundary of said Lands of West Loyola Drive, LLC, South 03043'50" East, 10.25 feet, to a point on a curve, concentric, and 30 feet distant, with the centerline of West Loyola Drive, said curve having a radius of 122.60 feet, and a radial bearing of South 15053'06" East; Thence, westerly, along the last mentioned concentric curve, through a central angle of 04024'06", an arc distance of 9.42 feet, to a point on a line parallel, and 30 feet distant, measured at a right angle, with the centerline of West Loyola Drive; Sheet 1 of 2 Sheets Resolution 56-16 Page 8 Sheet 2 of 2 Sheets 10490 West Loyola Drive - Right of Way Easement Thence, westerly, along said parallel line, South 78031'00" West, 125.43 feet, to the beginning of a tangent curve to the left, said curve being concentric, and 30 feet distant, with the centerline of West Loyola Drive, said curve having a radius of 135.00 feet; Thence, along the last mentioned concentric curve, through a central angle of 37°19'00", an arc distance of 87.93 feet, to a point on a line parallel, and 30 feet distant, measured at a right angle, with the centerline of West Loyola Drive; Thence, southwesterly, along said parallel line, South 41012,00"West, 3.88 feet,to a point on the westerly boundary of said Lands of West Loyola Drive, LLC; Thence, northerly along the westerly boundary of said Lands of West Loyola Drive, LLC, North 27037'00" West, 10.72 feet,to an angle point in the westerly boundary of said Lands of West Loyola Drive, LLC; Thence, North 48048'00" West, 20.00 feet, to the POINT OF BEGINNING. Containing an area of 0.16 Acres, (7,010 square feet), more or less. END OF DESCRIPTION. Attached to this legal description is a plat entitled Exhibit "B" showing this Right of Way Easement, which is made a part hereto. Basis of Bearings: The bearing North 78031'00" East, being the centerline of West Loyola Drive, was used as the basis of bearings for this legal description, as shown upon that certain map entitled "Map of Los Altos Country Club Properties", which was filed for record on January 21, 1924, in Book"R" of Maps, at Pages 50 through 53, in Santa Clara County Records, State of California. Resolution 56-16 Page 9 --A=0530'00" ®��_ R=92.60' �1 ®� RINGS L=8.89' cn OF BEA //,7 o°'^ SIS 43' r �, ;. BA 125 _!i/;/ —05-30'00 � � o '31OOE /-'%;;/i'// ',R=112.60' '. 00 A=37'19'0011 N� 125 R=165.00' 1110 L=107.46 / ` ;N ;, ,,; • w /.N78'3111 3, A /31'0 / iS78'. A=0424'06" R=122.60' w / L=9.42' o A=3779'00" /'•`g� R=145.00' a L=94.44' Iv = oA=37'19'00" 0 0 R=135.00' 1+ L=87.93' N 0 � D S41'12'00"W m ' � 3.88' m rn Z� \ > z ' (3 LLLI �� 0) a m N O I 10490 W. LOYOLA DRIVE APN 331- 17-027 w "� 0 SCALE. 1"--40' ILnro Z CL GROSS AREA=50,146± S.F. (1.15± AC.) M \\ co NET AREA=43,136+ S.F. (0.99±- AC.) � APN 331- 17-081 BASIS OF BEARINGS: THE BEARING NORTH 7831'00" EAST, BEING THE CENTERLINE OF WEST LOYOLA DRIVE, WAS USED AS THE 0 LAND s AS BASIS HOWNUPONGTHAT THIS CER AINLMAP ® ® �`~�� �A H��To���� ENTITLED "LOS ALTOS COUNTRY CLUB \ PROPERTIES", WHICH WAS FILED FOR rl No. L7078 RECORD ON JANUARY 21, 1924, IN ® ,qm E ;� EXP. 12-31-16 BOOK "R" OF MAPS, AT PAGES 50-53, X2230 IN SANTA CLARA COUNTY RECORDS, N5 ]�1 qTE OF CAL1��4 STATE OF CALIFORNIA. E EXHIBIT "S" ����Il��� �� �J�Co SCALE: 0'_ 1"=4 _-- PLAT TO ACCOMPANY D.it aTF:_ _-1 2 — — LEGAL DESCRIPTION Df T. RIGHT—OF—WAY EASEMENT 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 05129 - LANDS OF W. LOYOLA DR, LLC (408) 615-4000 Fax (408) 615-4004 JOB NO.: 15250 10490 W. LOYOLA DRIVE Auburn a San Jose 0 Oakdale Re tib OF I LOS ALTOS HILLS, CALIFS I F:\2015\15250\clwg\15250-plat.clwg 7/14/2016 11,06158 AM PDT