HomeMy WebLinkAbout58-16 RESOLUTION 58-16
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
(Lands of McDermott)
WHEREAS, Diane M. McDermott ("Owner"), the owner of the property commonly known as
25600 Burke Lane, 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 easement 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 easement purposes; and
WHEREAS, the private road 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
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:
J hn Harpootlian, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 54-16 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 DEDICATION
TO THE TOWN OF LOS ALTOS HILLS
(Lands of McDermott)
THIS VOCABLE OFFER OF DEDICATION is made this 5 day of
, 2016, by Diane M. McDermott ("Owner"), the owner of the property located
at 26600 Burke Lane, 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 rejects this offer of Dedication.
IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby rejected
this offer of Dedication as follows:
"McDermott
Date.
(�
Di .
Resolution 54-16 Page 2
T OF LOA TOS HILLS:
Date:
J hn Harpootlian, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Resolution 54-16 Page 3
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 California I )
County of 0 Irn )
On Au us- 5,2�)(c, before me,
Date Here Insert Name and title of the ffi er
personally appeared t2(t5w-, - � G t)errn o*
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person) whose namemis
are-
subscribed to the within instrument and acknowledged to me that-he/ they executed the same in
4 s�/tieir authorized capacity(ies),and that by his�e the#signature .on the instrument the personX,
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
SUZANNE AVILA is true and correct.
Commission#2143020
Notary Public-California z WITNESS my hand and official seal.
Santa Clara County a
My Comm.Expires Mar 16,2020
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 t rre.VC3G�nb�e_
Title or Type of Document: �r 4_)g CC)h1 •0� IJtla Document Date: X16
Number of Pages: '2 Signer(s) Other Than Named A ove: �n L n or 17 00
Capacity(ies) Claimed by Signer(s)
J
Signer's Name: ( �0. GOP_CIY O0 Signer's Name:
❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ era]
'17,1 Individual ❑Attorney in Fact ❑ Individual ❑Wrney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: 2 Signer I epresenting:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Resolution 54-16 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.
Signature: (Seal)
Resolution 54-16 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 54-16 Page 6
Certified as a true copy
RESOLUTION 58-16 By"
wn of Los Altos Hills
RESOLUTION OF THE CITY COUNCIL OF THE City Clerk o"the To
TOWN OF LOS ALTOS HILLS
ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE-GFFER.OF -- - -
DEDICATION OF RIGHT-OF-WAY EASEMENT
(Lands of McDermott)
WHEREAS, Diane M. McDermott ("Owner"), the owner of the property commonly known as
25600 Burke Lane, 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 easement 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 easement purposes; and
WHEREAS, the private road 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
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:
J hn Harpootlian, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 54-16 Page 7
Resolution 54-16 Page I
Exhibit 'A"
LEGAL DESCRIPTION
RIGHT OF WAY EASEMENT
LANDS OF McDERMOTT
25600 Burke Lane
LOS ALTOS HILLS, CALIFORNIA
PARCEL 1
AN EASEMENT OVER THE PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO DIANE McDERMOTT
FILED FOR RECORD ON DECEMBER 28TH, 2004 AS DOCUMENT SERIES NO. 18163421 IN THE OFFICE
OF THE SANTA CLARA COUNTY RECORDER, STATE OF CALIFORNIA, FURTHER DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID McDERMOTT PARCEL (DOCUMENT SERIES
NO. 18163421) BEING THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID PARCEL AND
THE CENTERLINE OF BURKE LANE(A PRIVATE ROAD) ; THENCE ALONG THE NORTHWESTERLY LINE OF
SAID McDERMOTT PARCEL SOUTH 14°59'40" WEST, A DISTANCE OF 10.01 FEET TO THE TRUE
POINT OF BEGINNING ALSO BEING A POINT ON THE SOUTHERLY LINE OF THE ROAD EASEMENT
DESCRIBED IN BOOK 271 AT PAGE 341 RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID ROAD EASEMENT SOUTH 77°48100" EAST, 236.02 FEET TO THE
SOUTHEASTERLY LINE OF SAID McDERMOTT PARCEL; THENCE ALONG SAID LINE SOUTH 12°12'00"
WEST 10.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND SOUTHWESTERLY 10.00 FEET
(MEASURED AT RIGHT ANGLES)NORTH 77048100" WEST, 236.51 FEET TO THE NORTHWESTERLY
LINE OF SAID MCDERMOTT PARCEL; THENCE ALOND SAID LINE NORTH 14°59'40" EAST, 10.01
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,362 SQUARE FEET MORE OR LESS
END OF DESCRIPTION.
L t�
ON R �
1�W95
to
tockinger L.S. 6995
E IS A PLAT, SHOWING THIS
, ATTACHED TO THIS LEGAL DESCRIPTION [�
ID LEGAL DECRIPTION. !�
SHEET 1 OF 2 SHEETS
Resolution 54-16 Page 8
EXHIBIT "B" NNR ENGINEERING
PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS
LAI 535 WEYBRIDGE DRIVE
DOC. SERIES DESCRIPTION SAN JOSE, CA. 95123
PN -175-26-009 FOR RIGHT OF WAY EASEMENT FAXB�08) 225-3967
SAND
�O S
POINT OF r G•n
_ COMMENCEMENTS14°59'40"W RIMIER �� BRIAN L. STOCKINGER �c
_ DOC. SERIES o
10.01 N0. 19315230 NO LS 6995
APN 175-26-0-10
EXISTINGs EXP 9-30-17 �
_ 10' ROADWAY EASEMENT
BOOK 271 PG 341 OF- �\F�,
CP
48 p „� ! _
POINT OF S77048, `
BEGINNING �0n
E
W ^ -
25.5
10.00 3
Zooz3so ,
BU(2R0'�w _ 2c o 0.00
o� E
10.01 IDE pRIVq ` _ -
0 0 N 7048,7
RIGHT OF WAY 00 W
g q o g z EASEMENT 23 _
McDERMOTT S 12°12'00"W
DOC SERIES 18163421 10.00'
GROSS AREA = 46,442 SF (1.07 ACRE) rN �Q o
EXISTING ROAD ES-1LIT. = 2,357 SF (0.05 ACRE)
PROPOSED ROAD ESAIT. = .2,363 SF (0.05 ACRE) `y �v o ti o
NET AREA = 41, 722 SF (0.96 ACRE) c�
r
in
app 9
BOUNDARY-TOPOGRRAFHIC 5URVEY5g q�q
BOX 24 MARTINEZ CA. 94553 (925) 228-494g N
EXHIBIT "B" � 0 15' 30 60'
BRAWN TO y�N OF X
PLAT TO ACCOMPANY LEGAL DESCRIPTION BLS
LOS ALTOS HILLS
00 FOR RIGHT OF WAY EASEMENT � b^
CD DATE
26500 BURKE ROAD REV7/16/16 SHEET 2 OF2 S SCALE 1"=30'
TOWN OF LOS ALTOS HILLS- CALIFORNIA