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HomeMy WebLinkAbout08-04 S RESOLUTION NO. 8-04 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Bariteau) WHEREAS, Jack E. and Diana K. Bariteau, a married couple in ownership as community property, ("Owner") own the property commonly known as 13769 Wild Flower Lane, Los Altos Hills, California; and WHEREAS, Owner has offered to grant to the Town a 1,776 square foot 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. PASSED AND ADOPTED this 19th day of February, 2004 BY: Mayor Or 1 ATTEST:- City Clerk. 647183-1 RECORDING REQUEST. Attachment A to Resolution 8-04 .� DOCUMENT: •47055 ages TOWN OF LOS ALTOS HILLS No Fees AND IS EXEMPT FROM FEE 11 11 I 111 11Fees. . . . PER GOVERNMENT CODE Taxes.. . . SECTIONS 6103 AND 27383 Copies. . AMT PAID WHEN RECORDED MAIL TO: BRENDA DAVIS RDE # 006 Town of Los Altos Hills SANTA CLARA COUNTY RECORDER 3/05/2004 26379 Fremont Road Recorded at the request of 1 : 14 PM Los Altos Hills,CA 94022 County Agency Attn: City Clerk . 0 4�,1,,ni- 17 C (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION NO. 8-04• = . . • DOCUMENT TITLE - • Resolution of the City Council of the Town of Los Altos Hills Accepting Grant of Pathway Easement (Lands of Bariteau) • • SEPARATE PAGE, PURSUANT TO GOVT.CODE 27361.6 t�3149 __ • ' RESOLUTION NO. 8-04 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS • ACCEPTING GRANT OF A PATHWAY EASEMENT (Lands of Bariteau) WHEREAS, Jack E. and Diana K. Bariteau, a married couple in ownership as community property, ("Owner") own the property commonly known as 13769 Wild Flower Lane, Los Altos Hills, California; and WHEREAS, Owner has offered to grant to the Town-a 1,776 square foot 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. PASSED AND ADOPTED this 19th day of February, 2004 BY: Mayor O I ATTEST: • _ City Clerk 647183-1 Certified as a true copy By City Clerk a the Toy of Los Altos Hills I • ATTACHMENT A Grant of Pathway Easement 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 EASEMENT TO THE TOWN OF LOS ALTOS HILLS (Lands of Bariteau) THIS GRANT OF EASEMENT is made this 11&day oft,D1A '1 , 2004, by Jack E. and Diana K. Bariteau, a married couple in ownership as community property, that property commonly known as 13769 Wild Flower Lane,Los Altos Hills, California("Owner")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 pathway facilities, for pedestrian,bicycle and equestrian use,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 Exhibit A and Exhibit B attached hereto ("Easement"). Section 2. Owner shall not place or construct any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted,this Grant as follows: O R: Date: �/� ,2004 _ r. E. Bariteau V TOWN OF LOS ALTOS HILLS: Date: / j , 2004 —' Mayor ( --- 678136-1 1 • ATTEST: City CI- OF State of California ) )ss. County of Santa Clara ) On January 22, 2004, before me, SUSAN DAVIS, a Notary Public, personally appeared JACK E. BARITEAU, JR. and DIANA K. BARITEAU, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SUSAN DAVIS ' Commission#1266860 ,• Macy Public•California Wii5 Santa Clara County MyCo m_.E> tasJu 110,2�4� Attached to: Grant of Easement to the Town of Los Altos Hills(Lands of Bariteau) • •_.ib Number 51-51004 December 4, 2003 LEGAL DESCRIPTION For Pathway Easement Being a portion of Lot 4,as shown on Tract Number 6208, recorded in Book 465 of Maps at Pages 3 through 4, Santa Clara County Records, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, and being more particularly described as follows: BEGINNING at a point lying in the northerly right-of-way line of Wild Flower Lane and from which the most southwesterly corner of said Lot 4 bears, southwesterly along the arc of a curve to the left, whose radius point bears, S41°05'34"E, 40.00 feet, through a central angle of 9°12'07", an arc length of 6.42 feet; Thence, across said Lot 4 the following four(4) courses: 1. Northerly along the easterly line of the pedestrian easement as shown on said Lot 4,N06°51'25"W, 200.83 feet; 2. 550°55'51"E, 27.59 feet to a non tangent curve to the left; 3. southerly along the easterly line the herein described pedestrian easement, being five feet from the westerly line of the driveway of Lot 4, along the arc of a curve whose radius point bears, S58°04'27"E, a radial distance of 39.08 feet, through a central angle of 36°59'35", an arc length of 25.23 feet; 4. continuing along the easterly line of said pedestrian easement being five from the westerly line of said driveway, S05°04'09"E, 154.56 feet to the southerly line of said Lot 4, also lying on the northerly right-of-way line of Wild Flower Lane; Thence, southwesterly along said right-of-way line, along the arc of a non- tangent curve to the left, whose radius point bears, 531°35'15"E, 40.00 feet,through a central angle of 09°30'18", an arc length of 6.64 feet to the POINT OF BEGINNING. Containing 1,776 square feet, more or less. Prepared on Tuesday, January 06, 2004 by MARK THOMAS & COMPANY, INC. �S'p LAND 3 EXPIRESI2No(0 Tom H. Milo LS No. 643 643888$88 Expiration Date 12/31/06 `fl,9 • Signed on: V / Dte EX44-i u i ti A Town of Los Altos Hills Santa Clara County N 87'11'40"W 363_00' 11 -- - _- __ __ cm Co Ln `{I-� EXISTING `c' 1igy 115' PEDESTRIAN LANDS OF BARITFAU —^, sso. EASEMENT TRACT NO. 5203 /4, I t` S ' Ln ss LOT 4 '40 °'1 1•::..:\ F BK. 433 PGS. 3-4 /11 1 .KE.•Ea„ .S�a. APIN: 175-035-7?? " Nil fs i...,knxi o Qg�1„ r= ecvs i•i1 1.-".dr 1017:1 LCft'1{....1 .1L'�.1 .S \` -(..lu a• 1..x..1 1 Z 423 46,F� c..1-- % 1,-,:i l- 1 7'•:';a o 220'-, I::•.:1u) rn 23�, M tv I r.:•:•:1 _ I o OI 110 N- - {cti i cn S 86'49'10”E 78.25' 105!'kill2 I L .41—. 17'1 l•:I ,•::,,cn NEW PATHWAY :::;' 1 EASEMENT � ; 1,776 sq.ft.± j Curve Radius Length Delta C3 {::'• Cl 39.08' 25.23' 36°59'35" P.O.B. ' �31„.7. C2 40.00' 6.64' 9030'18" IkP els- C3 40.00' 6.42' 9°12'07" I �r��,• "2:s` •.. .�R,, X Q S,p LAND 311,9 vk "IoM N MIL e)0 EXPIRES1& iIO . .43; � � �� .` PLAT TO ACCOMPANY DESCRIPTION 97'£ OF CA� � cs� � OF PATHWAY EASEMENT MARK THOMAS & COMPANY, INC. <i- t ' Providing Engineering, Surveying, and Planning Services 90 ARCHER STREET 60 0 60 120 SAN JOSE, CA. 95112 (408) 453-5373 • • • • DESIGNED BY THAI APPROVED ON 12/12/03 JOB NO. SHEET/ SCALE CKD. 8Y THM BY - TOM H. MILO 51-51004 1DATE 8/30/2003 FILE NO. OF SCALE 1'x60' LS. NO.6438 EXP. 12/31/06 / 1 • ' r I declare under penalty of perjury that the foregoing is true. Date:February 19, 2004 Attest: _,, '. . .• Place: Town Hall Ci 415 k Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022