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Home My WebLink About14-04 • RESOLUTION NO. 14-0 4 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT (Lands of Dubey) WHEREAS, Prabhat K. Dubey and Anita Dubey, ("Grantor"), are the record owners in joint tenancy of that certain real property located at 26475 Ascension Drive, Los Altos Hills, California("Property"); and 'WHEREAS, pursuant to Section 10-2.1305 of the Los Altos Hills Municipal Code the Planning Director or Planning Commission review all site development applications and may attach such reasonable conditions to any approval as they may deem necessary to achieve the purposes of the Code; and WHEREAS, the Town Engineer has determined that at least a portion of the existing sanitary sewer facilities on the Property lie outside the area of an existing sanitary sewer easement on the Property; and WHEREAS, as a condition of the approval of a site development permit for the Property, Grantor is required to dedicate to the Town an expanded sanitary sewer easement ("Easement") over a portion of the Property; and WHEREAS, the City Council has determined that acceptance of the Easement satisfies the requirements of the Code, is in the best interests of the Town, 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 sanitary sewer easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Grant of Sanitary Sewer Easement} on behalf of the Town. PASSED AND ADOPTED this/ 4ay of 6e4Aidt_,, 2004 • BY: Mayor ATTEST: City Clerk 677911-1 Attachment A to Resolution 14-04 DOCUMENT: 17730394 Pages: 9 \�. \ Fees. . . . * No Fees This Document Is Recorded Taxes. . . For the Benefit of the Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code BRENDA DAV I S RDE # 010 Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER 4/19/2004 Recorded at the request of 2:58 PM When Recorded,Mail to: City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk GRANT OF SANITARY SEWER EASEMENT WHEREAS, Prabhat K. Dubey and Anita Dubey, ("Grantor"), are the record— ---^ __ Owners in joint tenancy of that certain real property located at 26475 A_s_cension:Driye,__—_.__ Los Altos Hills, California; _. - WHEREAS, Grantor wishes to dedicate to Town of Los Altos Hills, a municipal corporation.("Town"), an easement over that certain real property in the Town of Los Altos Hills, ;County of Santa Clara as shown on Exhibit A hereto ("Easement") for sanitary sewer purposes; WHEREAS, the undersigned have determined that it is in their mutual and respective interests for the Grantor to grant and for Town to accept the Easement; and WHEREAS,the Town finds the Easement to be in the best interests of the Town. •-• NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: .. 1. •. - Grantor does hereby grant, convey and dedicate the Easement to the Town= for sanitary sewer purposes in, upon, over, and across that certain real property in the'- Town.of Los Altos Hills, County of Santa Clara as shown on Exhibit A hereto. 2. - The Town agrees that the uses granted herein shall be limited exclusively to sanitary sewer purposes and those uses incidental to constructing, installing, using, maintaining, inspecting, repairing,replacing, relocating, altering and operating equipment and facilities, including their appurtenances and accessories, for the collection; transmission, treatment, and disposition of wastewater together with rights of ingress, egress and access in, on, above, under and to the Easement and equipment, facilities, appurtenances and accessories located therein by the Town, its officers, agents; and ' 677902-1 , S • employees, and by persons under contract with the Town and their employees, whenever and wherever necessary for such purposes. The Easement includes 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 the said area for the purposes granted. 3. Grantor shall keep the Easement clear of any type of building, fences, • structure,pavement, or trees,unless prior written approval is obtained from Town. 4. The Town agrees that Grantor shall have the nonexclusive right to use the Easement and grant non-exclusive easements over, along, or upon the Easement, provided however, that any such easements granted by Grantor shall be subject and subordinate to this Easement, and provided further that Town shall have first consented in writing to the terms,nature, and location of any such other non-exclusive easements. 5. Grantor reserves the right to use the Easement in any manner that will not prevent or interfere with the exercise by Town of the rights granted under this Grant of Sanitary Sewer Easement. 6. All rights, title and privileges being granted to Town by this Grant of Sanitary Sewer Easement, including all benefits and burdens relating thereto, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors, assigns, and legal representatives. 7. Any damage to buildings, structures and landscaping caused by Town, its employees, contractors or subcontractors during the course of using the Easement shall be repaired or compensated by the Town or its employees, contractors or subcontractors. "Damage" as used in this paragraph shall not include damage from dust and dirt that is normally associated with construction activities. 8. Nothing in this Easement will be deemed to grant the public a right of entry upon the Easement property other than for the purposes provided for in this Agreement. 9. This Easement shall be effective on the date of recordation of this Grant of Sanitary Sewer Easement. 10. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title. IN WITNESS WHEREOF, the parties hereto do hereby execute this Grant of Sanitary Sewer Easement. 677902-1 f. . GRANTOR: Date: 2 200Y 2004 Prabhat K. Dubey ) ‘ Anita Dubeyi&lAht TOWN OF LOS ALTOS HILLS: Date: , 2004 Mayor ATTEST: City Clerk 677902-1 I (� STATE OF CALIFORNIA ) ) ss: COUNTY OF cf2A7Uni (-2-'4-4/2/9- On H 2004, before me, the undersigned Notary Public, personally appeared Mn8IIh4 T . tl8 E V once ,t NITi4 bw3EY , personally known to me or proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OLGA DIMOVA Comm.#1380002 rn _ rfl b; • r,.: ,"' NOTARY PUBLIC-CALIFORNIA ^, Signature ' u`, Santa Clara County / ( ray Comm.Expires Oct.15,2006 677902-1 • Exhibit A Legal Description of Sanitary Sewer Easement Property and Plat Accompanying Description 677902-1 • 1 ' 2010570 Legal Description—Sanitary Sewer Easement An easement for sanitary sewer purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Lot 4 in block D as shown on that certain map entitled"Tract No. 1848, Fremont Hills Unit 1" recorded January 16, 1957 in Book 76 of Maps at Pages 12-14, Santa Clara County Records,more particularly described as follows: Beginning at a point on the Southeasterly boundary line of said lot, said point also being on the Northerly line of Ascension Drive as shown on said map, distant South 25° 00' 00"West, 6.00 feet from the most Easterly corner of said lot;thence along said Southeasterly line South 25° 00' 00"West, 10.00 feet;thence parallel with and distant 16.00 feet at right angles from the Northerly line of said Lot 4 and the common boundary line of Lot 3 and Lot 4 as shown on the aforesaid map,North 65° 00' 00" West, 242.61 feet; thence parallel with and distant 26.00 feet at right angles from the Northwesterly boundary line of Lot 4, South 34° 00' 00"West, 145.79 feet to the Southwesterly line of said Lot 4 and the common line of Lot 4 and Lot 5 as shown on said map; thence along said line North 65° 00' 00"West,20.25 feet; thence parallel with and distant 6.00 feet at right angles from the Northwesterly line of said Lot 4, North 34° 00' 00"East, 155.92 feet; thence parallel with and distant 6.00 feet at right angles from the Northeasterly line of Lot 4, South 65° 00' 00"East, 261.28 feet to the point of Beginning. LAND ��s 40Y Cs `s6 v No. 4588 o Exp. 9-30-06 . Exhibit "A" 0 LOT BLOCK D LOT 11 BLOCK D (E) 6' P.U.E., S.S.E.. AND S.D.E. PER 76 N 12 ---- 20.25' 7\ 1‘,---7-7----1._-----______-------,---__- - 1-\\-\ ' x\20.00' , , - �� 0 .4,171,17\ ter• 4, CI r I (E) 6' P.U.E.. 0 25 50 100 S.S.E.. AND S.D.E. SI I PER 76 M 12 SCALE' I 1" - 50' �d PROPOSED "' S.S.E. \ • LOT 6 LOT 4 BLOCK D BLOCK D 5 TRACT NO. 1848 TRACT NO. 1848 BOOK 7$ OF MAPS BOOK 78 OF MAPS R PAGE 12 . PAGE 18 ?��10 Coq a0�`AND 10.00'ihti �� ;c 94- RA • No. 4588 D I (E) 5' P.U.E. AND S.S.E. �` i Exp.9-30-06 Li_ I H PER 76 M 12 F'- I S25'00'00"W 160.00' P.O.B. ASCENSION DRIVE (60')— — — P.U.E.—PUBUC UTIUTY EASEMENT S.S.E.—SANITARY SEWER EASEMENT =PROPOSED S.S.E. S.D.E.—STORM DRAIN EASEMENT NEW SANITARY SEWER EASEMENT LEA & SUNG ENGINEERING, INC. DUBEY RESIDENCE CIVIL ENGINEERS • LAND SURVEYORS 26475 ASCENSION DR. 2495 INDUSTRIAL PARKWAY WEST HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS, CA FAX)(510) 887-3019 01 J06# 2010570 9/12/03 SCALE: 1" =50' " • RESOLUTION NO. 14-0 4 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS BILLS ACCEPTING DEDICATION OF SANITARY SEWER EASEMENT (Lands of Dubey) WHEREAS, Prabhat K. Dubey and Anita Dubey, ("Grantor"), are the record owners in joint tenancy of that certain real property located at 26475 Ascension Drive, Los Altos Hills, California("Property"); and WHEREAS, pursuant to Section 10-2.1305 of the Los Altos Hills Municipal Code the. Planning Director or Planning Commission review all site development applications and may attach such reasonable conditions to any approval as they may deem necessary to achieve the purposes of the Code; and WHEREAS, the Town Engineer has determined that at least a portion of the existing sanitary sewer facilities on the Property lie outside the area of an existing sanitary sewer easement on the Property; and WHEREAS, as a condition of the approval of a site development permit for the Property, Grantor is required to dedicate to the Town an expanded sanitary sewer easement ("Easement") over a portion of the Property; and WHEREAS, the City Council has determined that acceptance of the Easement satisfies the requirements of the Code, is in the best interests of the Town, 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 sanitary sewer easement described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Grant of Sanitary Sewer.Easement on behalf of the Town. PASSED AND ADOPTED this/e ay ofdt_„2004 BY: . .. Mayor d A ST: City Clerk Certified as a true copy City Clerk of e Town o Los Altos Hil(% 677911-1. • • I declare under penalty of perjury that the foregoing is true. �, Date:March 18, 2004 Attest: � /_ _ , Place: Town Hall ® lerk Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022