HomeMy WebLinkAbout15-04 410
RESOLUTION NO. 15-04
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING GRANT OF A PATHWAY EASEMENT
(Lands of Kerns)
WHEREAS, William Ross Kerns and Elizabeth Kayton Kerns, husband and wife as
community property, are owners of the property commonly known as 11888 Francemont Drive,
Los Altos Hills, California ("Owners"); and
WHEREAS, Owners have offered to grant to the Town two separate easements for the
construction, operation and maintenance of existing and future pathway facilities, for pedestrian,
bicycle and equestrian use ("Pathway Easements"); and
WHEREAS, the City Council has determined it is necessary and proper and in the public
interest to accept the grant of the Pathway Easements;
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 At Open Space attached to this Resolution as
Attachment A.
Section 2. The Town hereby accepts on behalf of the public, and for the purposes
therein described, the Grant of Pathway Easement From Francemont Drive Extension Across
Slope to Wayman Property attached to this Resolution as Attachment B.
Section 3. The Town shall accept, and the Mayor is hereby authorized and directed to
execute, the Grant of Pathway Easement.
PASSED AND ADOPTED this day of Ma.Nat— , 2004
BY:
Mayor f
A E T:
City Clerk 411,
683080-I
•.)Attachment A to Resolution 15-04
DOCUMENT: 17730397 Pages: 8
Fees. . . . * No Fees
This Document Is Recorded Taxes. . .
IIIIIII
For the Benefit of the Cop i es. .
Town of Los Altos Hills AMT .PAI D
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 EASEMENT .
TO THE TOWN OF LOS ALTOS HILLS
(Lands of Kerns—Parcel 2: At Open Space)
THIS GRANT OF EASEMENT is made this l i day of March, 2004, by
William Ross Kerns and Elizabeth Kayton Kerns, husband and wife ascommunity
property ("Owners"), owners of the property commonly known as"11888 and 11888
Francemont Drive, Los Altos Hills, California, to and for the benefit of the Town of Los
Altos Hills, a municipal corporation ("Town").
Section 1. Owners do 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 attached hereto ("Easement").
Section 2. Owners, shall not allow the placement or construction.of_ any
structures or improvements on the Easement property.
Section 3. The Town hereby accepts the grant of the Easement.
•
[Next Page]
683076-1
a
IN WITNESS WHEREOF, the Owners have properly executed, and the Town has
hereby accepted, this Grant as follows:
OWNERS:
3(1Date: , 2004 ,
Eliz;beth Kayton Kerns
Date: 3/( , 2004 ,
William Ross Kerns
TOWN OF LOS ALTOS HILLS:
Date: , 2004 _`«
Mayor
ATTEST: —
City Clerk
683076-1
• •i 410.
STATE OF CALIFORNIA )
SAN MAT CO) ss:
COUNTY OF SANTA CLARA.)
f�
On q MA Rol, 20041 before me, the undersigned Notary Public,personally appeared
eLY ZA PaETN kAyyo N l per e 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 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.
SAMIR K.MENTA
Signature T- �'.+ _:COMM.#1361056
fn �r�J 3; Notary Public-California CITA
1-.474,, SAN MATEO COUNTY .117
My Comm.Exp,June 15,2006
STATE OF CALIFORNIA )
) ss:
COUNTY OF SANTA CLARA )
On 4 1 , 2004,before me,the undersigned Notary Public,personally appeared
4j//,4.1 #s,t k'e4R0s ,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 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.
RICHARD D.RAINES
Signature (._,,„, ,, . .,. 4t Com4�c31p8NIp N
4antsClafaCOunI
M% .omn.Ez,itbSA..:f728D5"
683076-1
.l
Exhibit A
Legal Description for Pathway Easement and Accompanying Plat
683076-1
r
10
,, Giuliani & Kull , Inc .
- Engineers • Planners • Surveyors
San Jose - Oakdale - Auburn
July 29, 2003 JOB NO 97103
LEGAL DESCRIPTION
PATHWAY EASEMENT AT OPEN SPACE
LANDS OF KERNS
PARCEL2 (757M25)
. ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS,COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A PORTION OF PARCEL 2 AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL
MAP WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 757 OF MAPS AT PAGES
25 AND 26;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2 THENCE ALONG
THE EASTERLY LINE THEREOF NORTH 21° 58'35"WEST 130.00 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 40° 05'45"WEST 157.36 FEET TO A
POINT IN THE SOUTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89° 55' 55"EAST 150.00 FEET TO THE
POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT,CONTAINING 9037
SQUARE FEET MORE OR LESS.
END OF DESCRIPTION.
Stp IAND so,
P' ROe �`o�
y L7690
��� ►s�.r' •
974:
2
F2
1;::°V
g(4-1-
( 103
4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax (408) 615-4004
I
4111
RESOLUTION NO. 15—0 4
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING GRANT OF A PATHWAY EASEMENT
(Lands of Kerns)
WHEREAS, William Ross Kerns and Elizabeth Kayton Kems, husband and wife as
community property, are owners of the property commonly known as 11888 Francemont Drive,
Los Altos Hills, California("Owners"); and
WHEREAS, Owners have offered to grant to the Town two separate easements for the
construction, operation and maintenance of existing and future pathway facilities, for pedestrian,
bicycle and equestrian use("Pathway Easements"); and
WHEREAS, the City Council has determined it is necessary and proper and in the public
interest to accept the grant of the Pathway Easements;
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 At Open Space attached to this Resolution as
Attachment A.
Section 2. The Town hereby accepts on behalf of the public, and for the purposes
therein described, the Grant of Pathway Easement From Francemont Drive Extension Across
Slope to Wayman Property attached to this Resolution as Attachment B.
Section 3. The Town shall accept, and the Mayor is hereby authorized and directed to
execute, the Grant of Pathway Easement.
PASSED AND ADOPTED this 1d y of Ltedit . , 2004.
B Y:
Mayor
A T:
City Clerk Certified:as a true copy
By
�
+;
City Clerk of Town of os Altos Hills
683080-1
r
•
SCALE 1.-200'
�r
D n
LANDS OF / o o LANDS OF
STARK t z o McCLEERY
it o-ri
R
1
)
PAR757 IA CEL&26 �, - LANDS OF J
BOBORICKEN
zw
LANDS OF Z U
HIRSCH a. EL
I�-..\\ o to
\ I
CONSERVATION__TL1_ O.
Z 606 M 14
_ 0
}' =1=err---_ / Z
``
11\• VATIOEASEVENT--. / Q
1 II PER 606 M 14 \y // Z J
1 I�— t&.
to I t
o I
Q 1
J I PARCEL 2
757 M 25•26
LANDS OF
I
I KERNS
I
I
(
I
m.
S 40175'45" W
157.36' � a
X5'0 ROSG�P ; t , 9 .a / a.
'''Pe ../.::...
J� gPN R086... lb ',e%
J N
L7690
a_ /-0 * LANDS OF MID PENINSULA
'`' OPEN SPACE
l 4, OPEN
• - o3
1 OF 1
r SCALE` 1"=200' PLAT TO ACCOMPANY
di, Giuliani 8c Kull, Inc.
DATE: 07/29/03 10:49 LEGAL DESCRIPTION
Engineers • Planners. Surveyors DRAWN: E.T.
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. PATHWAY EASEMENT
(408) 615-4000 Fax (408) 615-4004 FILE: PLAT2.DWG
LANDS OF KERNS
E:\1997\97103\
Auburn • San Jose • Oakdale LOS ALTOS HILLS, CALIFORNIA
JOB # 97103
n f •
I declare under penalty of perjury that the foregoing is true.
Date:March 18, 2004 Attest: �, . ,�•�
Place: Town Hall SitY Clerk
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attachment B to Resolution 15-04
Q� p DOCUMENT: ,(730396 Pages: 9
Fees. . . . * No Fees
This Document Is Recorded Co
For the Benefit of the
Taxespies. .
. .
Town of Los Altos Hills AMT PAI D
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: Ci t y
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022 Do c uiviatf / 7 73D
Attention: City Clerk
GRANT OF EASEMENT .
TO THE TOWN OF LOS ALTOS HILLS
(Lands of Kerns—Parcel 2: Francemont Dr Ext Across Slope to Wayman)
THIS GRANT OF EASEMENT is made this r day of March, 2004,by
William Ross Kerns and Elizabeth Kayton Kerns, husband and wife as cominunity
property ("Owners"), owners of the property commonly known as:11888-_Francemont
Drive,Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a
municipal corporation ("Town").
Section 1. -Owners do 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 attached hereto ("Easement").
Section 2. Owners shall not allow the placement or construction of any
structures or improvements on the Easement property.
•
Section 3. The Town hereby accepts the grant of the Easement. .
•
[Next Page]
683075-1 .....
IN WITNESS WHEREOF, the Owners have properly executed; and the Town has
hereby accepted, this Grant as follows:
OWNERS:
Eliz.beth Kayton Kerns
Date: It ( , 2004 .
.....-
William
William Ross Kerns
TOWN OF LOS ALTOS HILLS:
Date: 3/ lib , 2004
Mayor /
ATTEST:
City Clerk
683075-1
•
` D
11111
STATE OF CALIFORNIA )
c'Antoval.C0 ) ss:
COUNTY OF A )
+h
On 9 i! t'YlRRCk1, 2004, before me, the undersigned Notary Public, personally appeared •
'L=Z1R BETH KA7TON ILERNS,personally knnwxaLtc ,*=e or proved to me on the basis of
satisfactory evidence tobe 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. •
SAMIR K.MENTA
e COMM.#1361056
W = ' ,e. Notary Public-California ca
'8 A;�r SAN MATEO COUNTY =�
Signature My Comm.Exp.June 15,2006 f
•
STATE OF CALIFORNIA )
) ss: •
COUNTY OF SANTA CLARA )
On/SIA h // , 2004, before me, the undersigned Notary Public, personally appeared
W/A/iA ,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 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.
RAINES
Comm.#1319088
U) F,. VOTARv PilBUC•CAlIFORNIA v�►
Signature iantaClaf at61
rrnrr Womm.Expue mmigi
•
683075-1
ti
O �+
. ">,
--- - PARCEL 1 //
757 M 25&26 /
\\ ^ SCALE: 1'=100'
CONSERVATION \
\ -- \-- \
EASEMENT \ //
\ -) /.
v-- ..---- /
-- / 32' WIDE EASEMENT FOR DRIVEWAY PUBLIC
/ �,\/ - UTW7IES, AND PATHWAY AND PURISSIMA
--�•I HILLS WATER DISTRICT EASEMENT
/ SEE DETAIL , Sp.. ROBE i
I --� O
// I BELOW J 9l �'
• f— /• CO L7690 N
(ij
xp. *., 44.OFCAL\F�.f�� 7
1 �W / OL-11_Q
l ,/
'-(E)
EASEMENT 71ON-- PARCEL 2 ,
757 M 25 do 26
• \ //-
i
FRANCEMONT \\
1 DRIVE PARCEL 1
757 M 25 & 26
POINT OF CONSERVA7JON EASEMENT
COMMENCEMENT i
R=56.00'
D=105638"
ro
L=10.70' — /
o '- _ --_— / QP11
N BEGINNING t 81.36' / Qdr.' E
/ / ' AREA=1388'SF /��//% NA'� li gyp`06 IA��1
N80 00'00 E s7 .B p 41"►N 51.� o
44.13' ^,ss' / :.\ o
W .k. IR=36.00' .' / w 0*
5.89' o (Wk1..9 1R=36.00 i..
VI
O N // cn L=40.12,/ \
0o S8000'00"W 16.74' _ _�/
o (E) PATH EASEM: T /
y — — — —< PARCEL 2 •
757 M 25 & 26 SCALE: r=30'
h
z
3
\ 4+o OF
AA
ti�GF
f
OF 1
Giuliani & gull Inc. SCALE: AS NOTED PLAT TO ACCOMPANY
r et. 02/17/04 10:49 LEGAL DESCRIPTION
Engineers • Planners• Surveyors DRAWN: E.T.
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. • PARCEL 2
(408) 615-4000 Fax (408) 615-4004 FILE: PLAT5.DWG PATHWAY EASEMENT
Auburn • San Jose • Oakdale E:\1997\97103\ LOS ALTOS HILLS, CALIFORNIA
JOB # 97103
•I Si
Exhibit A
Legal Description for Pathway Easement and Accompanying Plat
683075-1
•
•
•
r
'4 Giuliani •8& Kull , Inc .
' Engineers. • Planners • Surveyors
San Jose - Oakdale - Auburn
February 19, 2004 JOB NO 97103
LEGAL DESCRIPTION ,rp LAND st,„
20'WIDE PATHWAY EASEMENTac`s � Ro fi�cb
OVER 8 -
0.p
OVER
PARCEL 2 (757 M 25) L7690 cp
FROM FRANCEMONT DR EXTENSION ACROSS •
!a-34.0
SLOPE TO WAYMAN PROPERTY. A
LANDS OF KERNS 9 of CAL14o°
-o4
ALL THAT REAL PROPERTY SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY
. OF SANTA CLARA, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A PORTION OF PARCEL 2 AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL •
MAP WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK 757 OF MAPS AT PAGES
25 AND 26; SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1 AT A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF FRANCEMONT DRIVE AS SAID PARCEL 1
AND PUBLIC ROAD ARE SHOWN ON THE HEREINABOVE DESCRIBED PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF PARCEL 1 SOUTH 10° 00'.00"EAST 201.87
FEET;
THENCE LEAVING SAID WESTERLY LINE ALONG A LINE PARALLEL WITH AND 20'
NORTHERLY OF THE NORTHERLY LINE OF A 10 FOOT WIDE PATHWAY EASEMENT
SHOWN ON SAID PARCEL MAP NORTH 80° 00'00"EAST 44.13 FEET TO A POINT IN •
LINE COMMON TO SAID PARCELS 1 AND 2, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG THE LAST SAID BEARING NORTH 80° 00' 00"EAST 5.89
FEET;
THENCE ALONG THE ARC OF.A CURVE TO THE RIGHT HAVING A RADIAL BEARING
OF SOUTH 63° 13'39"EAST AND A RADIUS OF 56.00 FEET THROUGH A CENTRAL
ANGLE OF 10° 56'38"AN ARC DISTANCE OF 10.70 FEET TO A POINT IN THE
NORTHERLY BOUNDARY OF PARCEL 2; .
THENCE ALONG SAID NORTHERLY BOUNDARY NORTH 73° 04' 07"EAST 81.36 FEET •
TO AN ANGLE POINT THEREIN;
THENCE SOUTH 37° 00'00"EAST 10.00 FEET TO A POINT IN THE NORTHERLY LINE OF
THE 32'WIDE DRIVEWAY EASEMENT,PUE,PATHWAY EASEMENT AND PURISSIMA
HILLS WATER DISTRICT EASEMENT INDICATED ON SAID PARCEL MAP;
PAGE 1 OF 2
4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408) 615-4000 • Fax(408) 615-4004
OP
THENCE CONTINUING ALONG THE LAST SAID BEARING SOUTH 37° 00'00"EAST 3.01
FEET;
THENCELEAVINGTHE BOUNDARY OF PARCEL 2 SOUTH 75° 50'41"WEST 51.69 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 36.00 FEET THROUGH A CENTRAL ANGLE OF 63° 50' 55"AN ARC DISTANCE OF
40.12 FEET TO A POINT IN THE ABOVE DESCRIBED NORTHERLY LINE OF A 10'WIDE
PATHWAY EASEMENT;
THENCE ALONG SAID NORTHERLY LINE SOUTH 80° 00' 00"WEST 16.74 FEET TO A
POINT IN THE WESTERLY LINE OF PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 11° 50'17"WEST 20.01 FEET TO THE
POINT OF BEGINNING AND TERMINUS OF THIS EASEMENT, CONTAINING 1388
SQUARE FEET MORE OR LESS.
END OF DESCRIPTION.
•
PAGE2OF2
1.
I declare under penalty of perjury that the foregoing is true.
Date:March 18, 2004 Attest:
Place: Town Hall a Clerk
Town_of_Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
J
IP, 0
RESOLUTION NO. 15—0 4
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING GRANT OF A PATHWAY EASEMENT
(Lands of Kerns)
WHEREAS, William Ross Kerns and Elizabeth Kayton Kerns, husband and wife as
community property, are owners of the property commonly known as 11888 Francemont Drive,
Los Altos Hills, California("Owners"); and
WHEREAS, Owners have offered to grant to the Town two separate easements for the
construction, operation and maintenance of existing and future pathway facilities, for pedestrian,
bicycle and equestrian use("Pathway Easements"); and
'WHEREAS, the City Council has determined it is necessary and proper and in the public
interest to accept the grant of the Pathway Easements;
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 At Open Space attached to this Resolution as
Attachment A.
Section 2. The Town hereby accepts on behalf of the public, and for the purposes
therein described, the Grant of Pathway Easement From Francemont Drive Extension Across
Slope to Wayman Property attached to this Resolution as Attachment B.
Section 3. The Town shall accept, and the Mayor is hereby authorized and directed to
execute, the Grant of Pathway Easement.
PASSED AND ADOPTED this d y of. ,eardt_.. , 2004
-
BY:
Mayor
City Clerk
4Byentified as a , e copy
- -
.. . , �,
City Clerk of 1 e Town Los Altos Hills
683080-1