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Home My WebLink About69-16 RESOLUTION 69-16 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC SANITARY SEWER EASEMENT ON LANDS OF DILIGENT OPERATIONS LIMITED,LLC WHEREAS, Marc Chan, owner of the Diligent Operations Limited, LLC ("Owner"), the owner of the property commonly known as 12930 La Cresta Drive, Los Altos Hills; and WHEREAS, the Owner has offered to dedicate an easement within the property to the Town of Los Altos Hills ("Town") on the Lands of Diligent Operations Limited, LLC; and WHEREAS, the City Council has determined that acceptance of the Grant of Public Sanitary Sewer Easement serves an important public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Town hereby accepts the Grant of Public Sanitary Sewer Easement on behalf of the public and that the Mayor is hereby authorized and directed to execute the Grant of Public Sanitary Sewer Easement. 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 20th day of October, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: �In Harpootlian, Mayor ATTEST:. - - Deborah-Padovan, City Clerk Resolution 69-16 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 PUBLIC SANITARY SEWER EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Diligent Operations Limited, LLC) THIS GRANT OF EASEMENT is made this�day of QCblet-- 20J, by Diligent Operations Limited, LLC, ("Owner") owner of the property commonly known as 12930 La Cresta 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 offer to grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future . sanitary sewer easement, 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 Exhibits A attached hereto ("Easement"). Section 2. Owner shall not allow the placement or construction of any structures, improvements, or landscaping on the Easement that would unreasonably interfere with Town's rights hereunder. Owner must obtain consent from Town prior to placing any structures, improvements, or landscaping on the Easement that could unreasonably (a) interfere with or damage the sanitary sewer system in the Easement or (b) interfere with Town's access rights to the Easement as reasonably determined by the Town. Section 3. Except in case of emergency, Town shall use reasonable efforts to give reasonable prior notice to Owner as is practicable under the circumstances regarding any proposed entry onto the Property to perform work in the Easement. All such work (other than emergency repairs) shall be performed during ordinary working hours in a professional manner, and so as to minimize inconvenience to Owner. Section 4. - The Town hereby accepts this grant of easement on the terms herein stated. IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this grant of the Easement as follows: Resolution 69-16 Page 2 OWNER: Date: Diligent Op ations Limited, LLC TOLWN OF LOS ALTOS HILLS: Date: �� a ) - Mayor ATTEST: Deborah Padovan, City Clerk Resolution 69-16 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 �61\l A L AO,_ ) On&&mI-er "� , 2016, before me,JMl('Gl C-7lj .frrfl1. , Notary Public, personally appeared Mac Dryo ,who proved to me on the basis of satisfactory evidence to be thepersono whose name - e s bscribed to the within instrument and acknowledged to me thafU/s je/t ey executed the same ing1i h/r/thgfr authorized capacity(i/s),and that b �6r/their 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. JESSICA GIJ IERREZ Commission #2144233 Z ,-m s, Notary Public -California y i Z ' Santa Clara County Signature: (S 1) My Comm.Expires Feb 26,2020+ i Resolution 69-16 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 October 24, 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 personKwhose namek' is/ar-e-subscribed to the within instrument and acknowledged to me that he/sheAh4y exe �� cuted the same in hisauthorized capacity.(i , and that by hisAae�keir signature( on the instrument the person, or the entity upon behalf of which the person(.$)racted, 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 d• Notary Public-California Signature: �� (Seal) ' '� Santa Clara County My Comm.Explur 19 2019 Resolution 69-16 Page 5 RESOLUTION 69-16 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF PUBLIC SANITARY SEWER EASEMENT ON LANDS OF DILIGENT OPERATIONS LIMITED, LLC WHEREAS, Marc Chan, owner of the Diligent Operations Limited, LLC ("Owner"), the owner of the property commonly known as 12930 La Cresta Drive, Los Altos Hills; and WHEREAS, the Owner has offered to dedicate an easement within the property to the Town of Los Altos Hills ("Town") on the Lands of Diligent Operations Limited, LLC; and WHEREAS, the City Council has determined that acceptance of the Grant of Public Sanitary Sewer Easement serves an important public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Town hereby accepts the Grant of Public Sanitary Sewer Easement on behalf of the public and that the Mayor is hereby authorized and directed to execute the Grant of Public Sanitary Sewer Easement. 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 20th day of October, 2016 by the following vote: AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen NOES: None ABSTAIN: None ABSENT: None BY: 61M Harpootlian, Mayor ATTEST: Deborah Padovan; ity Clerk Ce Med as a true copy By , City Clerk of the Town d Los Altos Hills Resolution 69-16 Page 6 Resolution 69-16 Page l p�+,t EXHIBIT "A" Qy. Legal Description of J'Jl 10 Foot Wide Sanitary Sewer Easement E'°�zA� \ ` Lands of Diligent Operations Limited, LLC F0Fr t1t�� 12930 La Cresta 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 southerly corner of Lot 9, in Block M, as shown upon that certain map entitled "Tract No. 2062, Fremont Hills, Unit No 5", which was filed for record on July 8, 1959, in Book 108 of Maps, at Pages 27 - 29, in Santa Clara County Records, State of California; Thence, along the southwesterly boundaryof said Lot 9, North 72043'45"West, 10.18 feet, to a point on a line, parallel and 10.00 feet distant, measured at a right angle, with the southeasterly line of said Lot 9; Thence, along the last mentioned parallel line, North 28001'30" East, 274.38 feet,to a point on the northeasterly boundary of said Lot 9, said point being on the southwesterly Right of Way line of Alejandro Drive, as shown upon said Tract Map No. 2062, being also a point on a curve, concave to the northeast, having a radius of 230.00 feet, and a radial bearing of South 30°31'01" West; Thence, southeasterly, along the last mentioned curve, through a central angle of 02029'31", an arc distance of 10.00 feet, to the most easterly corner of said Lot 9; Thence, along the southeasterly boundary of said Lot 9, South 28°01'30" West, 272.26 feet, to the POINT OF BEGINNING. Containing an area of 2,733 square feet, (0.06 Acres), more or less. END OF DESCRIPTION. Attached to this legal description is a plat entitled Exhibit "B" showing this Sanitary Sewer Easement, which is made a part hereof. Basis of Bearings: The bearing North 07030'00" East, along the centerline of La Cresta Drive, was used as the basis of bearings for this legal description, as shown upon that certain map entitled "Tract No. 2062, Fremont Hills, Unit No 5", which was filed for record on July 8, 1959, in Book 108 of Maps, at Pages 27 - 29, in Santa Clara County Records, State of California. Sheet 1 of 1 Sheets Resolution 69-16 Page 7 BASIS OF BEARINGS: THE BEARING NORTH 7'30'00" EAST, ALONG THE \ CENTERLINE OF LA CRESTA DRIVE, WAS USED AS THE \ \ v \ \ BASIS OF BEARINGS FOR THIS PLAT, AS SHOWN UPON \ ,y \ THAT CERTAIN MAP ENTITLED "TRACT NO. 2062, A FREMONT HILLS, UNIT NO. 5", WHICH WAS FILED FOR RECORD ON JULY 8, 1959, IN BOOK 108 OF MAPS, AT PAGES 27-29, IN SANTA CLARA COUNTY RECORDS, �o STATE OF CALIFORNIA. 1R. LA Q� R� 00 L). ^� A=2'29'31" R=230.00' \ L=10.00' LANDS OF DILIGENT OPERATIONS , wl LIMITED, LLC 1 L1 APN 175-44-046 30' 30' LOT 9 SCALE:=1"=50' ® � � � BLOCK M " ' o� TRACT 2062 A/ L, I Lm � 4'F•9\2�c9SgN�7' Q �cJ LAND s En I °) N0.12707816 I alu m g o APN 175-44-045 \ �� OF CAL1��4 R POINT OF j BEGINNING Z m EXHIBIT 'B' r ` Giuliani & gull Inc. SCALE: 1"=50' PLAT TO ACCOMPANY DATE: 8/4/16 LEGAL DESCRIPTION DRAWN: E.T. 10' WIDE SANITARY 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. SEWER EASEMENT (408) 615-4000 Fax (408) 615-4004 JOB NO.: 15192 12930 LA CRESTA DRIVE Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS, CALIFORNIA Fl\2015\15192\dwg\15192plat.dwg 8/2/2016 2150,53 PM pRpsolution 69-16 Page 8