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HomeMy WebLinkAbout95-98 RESOLUTION NO. 95-98 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING IRREVOCABLE OFFER OF DEDICATION OF INTEREST IN LANDS OF ROGEZ WHEREAS, Didier J. Rogez and Isabelle J. Rogez, ( "Owners") have offered to dedicate an easement to the Town on the Lands of Rogez; and WHEREAS, the City Council of the Town has read and considered that Irrevocable Offer of Dedication of Storm Drain Easement . - NOW, THEREFORE, the City Council of the. Town does RESOLVE as follows : 1 . The City Council of the Town of Los Altos Hills hereby acknowledges the Irrevocable Offer of Dedication. The Town chooses not to accept this offer at this time, but reserves the right to accept the Irrevocable Offer of Dedication by resolution of the City Council at any time in the future. 2 . The City Clerk is hereby directed to record the Irrevocable Offer of Dedication executed by the Owners . PASSED AND ADOPTED this 21st day of October , 1998 . By. ( ..) Mayor ATTEST: City Clerk • DOCUMENT: 155150 Titles: 1 / Pages: 5 Fees . . . 1( No Fees Taxes. . . RECORDED WITHOUT FEE UNDER A0014545156w Copies. . GOVERNMENT CODE SECTION 6103 AMT PAID RECORDING REQUESTED BY AND BRENDA DAVIS RDE # 903 WHEN RECORDED MAIL TO: SANTA CLARA COUNTY RECORDER 12/10/1998 TOWN OF LOS ALTOS HILLS Recorded at the request of 2:26 PM 26379 FREMONT RD Title Company LOS ALTOS HILLS CA 94022 ATTN CITY CLERK IRREVOCABLE OFFER OF DEDICATION OF STORM DRAIN EASEMENT DIDIER J. ROGEZ and ISABELLE J. ROGEZ, husband and wife, as joint tenants, (hereinafter "Grantors") , owners of 25561 Fremont Road, Los Altos Hills, California, grant, convey, and dedicate to the TOWN OF LOS ALTOS HILLS, a general law city of the State of California, ( "Town") an easement for water management and/or storm water drainage purposes in, upon, over, and across that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California, described more fully as follows : See Exhibit A attached hereto and made a part hereof . Said easement area shall be kept clear of any type of building, fence, structure, pavement, or trees, unless prior written approval is obtained from the Town. The easement shall include the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of said area for the purposes granted. The easement also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock,. sand, and gravel for the construction, maintenance, and repair of said channel protection works, and appurtenant structures by Town, its officers, agents, and employees and by 1 3\lah\re\roge-sd.ge2 • • er p sons under contract with it and their employees whenever and wherever necessary for flood control or storm drainage purposes . Grantors hereby consent to the assignment and conveyance of said easement by the Town to the Santa Clara Valley Water .District (or any successor thereof) ("District") at any time in the future when the Town wishes to assign and the District wishes to accept g P such Easement . Such an assignment shall be evidenced by an executed and recorded Assignment Agreement . Grantors hereby understand that this Offer of Dedication can only be accepted by Resolution of the City Council of the Town, and that recordation of this Offer of Dedication shall not and will not constitute acceptance of this Offer of Dedication. This Offer of Dedication shall be irrevocable, and shall run with the land and be binding upon the heirs, representatives, successors and assigns of the Grantors . The provisions of this g Offer of Dedication shall inure to the benefit of all successors and assigns of the Town. IN WITNESS WHEREOF, Grantors have executed this Offer of Dedication on the dates set forth below. GRANTORS Dated: I0 -21- , 1998 DIDIB J. OGEZ Dated: 10/Q/ / , 1998 ,) ISAB rL I . ROGEZ 2 3\lah\re\roge-sd.ge2 i •,,, t o • • • • STATE OF CALIFORNIA ) ss : COUNTY OF ) On ce4#ea. v2/ , 1998, before me, the undersigned Notary Public, personally appeared DIDIER J. ROGEZ, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . - 4..40,, PATRICIA L.PAULL WITNESS my hand . official seal . °°°" U k yr Camm.U No.1096218 �. NOTARY PUBLIC-CALIFORNIA U. \; 'I-, SANTA CLARA COUNTY C) L ± E! j&Signature ' 2000 STATE OF CALIFORNIA ) ) ss : COUNTY OF gAltv eimi On o2/ , 1998, before me, the undersigned Notary Public, personally appeared ISABELLE J. ROGEZ, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . a or„;-,._ PATRICIA L. PAULL WITNESS my hand _ -.. official seal . W��� Comm.No. 1096218 >;. 0 it x ; NOTARY PUBLIC-CALIFORNIA cn 6L SANTA CLARA COUNTY C) June 26,2000 Signature / � � 3 3\lah\re\roge-sd.ge2 0 0 1)(4, 6 (r h • 0 LEGAL DESCRIPTION STORM DRAIN EASEMENT OVER ADOBE CREEK GRANTED TO THE TOWN OF LOS ALTOS HILLS LANDS OF ROGEZ A portion of Lot 34 of the Taaffe Partition as Recorded in Book"I" of Maps at Pages 72 and for Storm Drainage al Easement California. Beinga perpetual 9 73, Town of Los Altos Hills, p p Southerly across a stripof land lying adjacent to and S y purposes over, under, through and Y 9 of Adobe Creek described as: Beginning at the most Southerly corner of Lot 7 of Tract No. 4878 as designated and delineated upon that certain Official Map filed in Book 288 of Maps at Page 55, Santa Clara County Records and running thence, along the Southerly Boundary of Tract No. 4878 as shown on Map filed in Book 288 of Maps at Page 55, and Tract No. 1431 as shown on Map filed in Book 55 of Maps at Pages 32 and 33, the following (18) courses; (1) S.80° 15'00"E 84.00'. (2) S.33° 50'00"E 69.20'. (3) S.35° 13'00"E 17.50'. (4) S.26° 16'00"E 55.50'. (5) S56° 36'00"E 108.70'. (6) S.77° 36'00"E 48.00'. (7) N.65° 24'00"E 16.60'. (8) N.13° 20'00"E 21.40'. (9) N.56° 10'00"E 9.32'. (10) S.05° 00'OOE 11.22'. (11) N.85° 00'00"E 66.13'. (12) S.26°45'00"E 0.23'. (13) S.85° 48'00"E 21.20'. (14) N.67° 54'00"E 16.10'. (15) N.80° 00'00"E 30.00'. (16) S78° 00'00"E 35.60'. (17) N.76° 17'00"E 64.50'. (18) N.89° 43'00"E 9.28' to the Westerly right-of-way line of West Edith Avenue. Thence, S.48° 18'49"W 99.50' along said right-of-way line to a point. Thence, leaving said right-of-way line S.88° 53'35"W 18.01' to a point. Thence, through a non-tangent curve concave to the North with a beginning Radial Bearing of N.37° 15'45"W a Radius of 302.00' a Central Angle of 42° 04'47" and an Arc Distance of 221.80'. Thence, through a non-tangent curve concave to the North with a beginning Radial Bearing of N.4° 49'02"E Angle of 32° 35'02" and an Arc Distance of 89.85'. Thence, a Radius of 158.00' a Central N.52° 35'56"W 83.40'. Thence, through a tangent curve concave to the North having 148.00' a Central Angle of 16° 49'48" and an Arc Distance of 43.47' to a point of reverse curve. Thence, through a non-tangent curve concave to the South with a beginning Radial Bearing of S.54° 13'52"W a Radius of 148.00' a Central Angle 19° 54'52" and an Arc Distance of 51.44'. Thence, N.55° 41'00"W 89.39' to a point of curve. Thence, through a tangent curve concave to the North having a Radius of 52.00' a Central Angle of 37° 15'50" and an Arc Distance of 33.82'. Thence, N.18° 25'10"W 69.11' to the North line of lands called for in Deed Recorded in Book "P-264" at Page 639, Santa Clara County Records. Thence S.86° 56'59"E 71.41' along said North line to the point of beginning. End of Description (/, ---1:cilio---e-- ,t2 s) O ��', *, . j tt(