HomeMy WebLinkAboutCity Council Resolution 09-067 • DOCUMENT: 20553348 Pages. 14
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RECORDING REQUESTED BY: Copies . .
City of Saratoga AMT PA I D
WHEN RECORDED MAIL TO: REGINA ALCOMENDRAS RDE # 024
City Clerk SANTA CLARA COUNTY RECORDER 12/22/2009
City of Saratoga Recorded at the request of 9:46 AM
13777 Fruitvale Avenue C i t y
Saratoga, California 95070
RESOLUTION NO. 09 -067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT
WHEREAS, the City Planning Commission adopted Resolution No. 08 -032
approving Design Review Application No. PDR 07 -0020 for a property located at 22000
Via Regina (APN 503 -69 -025 old; 503 -69 -040 new) owned by the Mairose Family Trust;
and
WHEREAS, one of the conditions of the Resolution No. 08 -032 requires the
owner to dedicate to the City of Saratoga a pedestrian equestrian trail easement along the
southern property line and along the flag portion of the parcel; and
WHEREAS, the Offer to Dedicate Trail Easement on the property located at
22000 Via Regina was prepared in acceptable form and content; and
WHEREAS, the City Council has determined that the acceptance of the Offer to
Dedicate Trail Easement would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE
CITY OF SARATOGA hereby:
1. Accepts the Offer to Dedicate Trail Easement as described hereinabove and
attached hereto; and
2. Authorizes and directs City Clerk to record the Offer to Dedicate Trail Easement.
Passed and adopted on the 16th day of December, 2009 by the CITY COUNCIL
OF THE CITY OF SARATOGA by the following vote of the members thereof:
AYES: Councilmember Chuck Page, Howard Miller, Vice Mayor Jill Hunter,
Mayor Kathleen King
NOES: None
ABSTAIN: None
ABSENT: Susie Nagpal
Attest:
Ann Sullivan, City Clerk
Signed:
17 attia 4
Kathleen M. King, Mayor
City of Saratoga
RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE TRAIL EASEMENT
For valuable consideration, the undersigned owner of the hereinafter described real
property "Owner hereby warranting that it constitutes the sole owner thereof, for
itself, its heirs, successors and assigns, hereby offers to dedicate to the City of Saratoga, a
Municipal Corporation "City") consistent with the conditions, rights, and obligations set
forth below, (1) a non exclusive, public, pedestrian and equestrian trail easement upon,
under, over, and across that certain real property situated in the County of Santa Clara,
State of California more particularly described in Exhibit "A" attached hereto "Trail
Easement the purpose of which is to assist in the connection of the City's public trail
system and (2) the right of entry described below over the real property situated in the
County of Santa Clara, State of California more particularly described in Exhibit `B"
attached hereto "Property")
1. OFFER BINDING ON SUCCESSORS IN INTEREST.
This Agreement affects the title or possession of the properties described in
Exhibits A and B. All the terms, covenants and conditions of this Agreement shall be
binding upon and inure to the benefit of the property described in Exhibits A and B and
shall continue as a servitude running in perpetuity. The terms "Owner" and "City,"
wherever used herein, and any pronouns used in place thereof, shall include, respectively,
the above -named Owner and City's successors and assigns. Without limiting the
generality of the foregoing, the terms of this offer of dedication shall apply separately to
each parcel and the owner of each parcel shall succeed to the obligations imposed on
Owner by this Agreement with respect to each such parcel.
2. RIGHT OF ENTRY ON OWNER'S PROPERTY.
Owner shall permit City reasonable right of entry over Owner's property to the
easement area to address health and safety issues and maintenance of the trail.
3. CITY OBLIGATIONS.
The trail shall be maintained and appropriate signage installed to discourage
public access to Owner's remaining lands. City shall have the right to temporarily close
Trail Easement Offer of Dedication 1.
the trail at any time that City determines that the closure is warranted in order to protect
health or safety of the public or residents or animals on the Property including, but not
limited to, at times of high fire danger, closures of connecting County trails, or risk of
landslide.
4. CONDITION OF EASEMENT AREA.
The Trail Easement is to be kept open and free from any modifications or
improvements or uses that would interfere with the uses contemplated by this Easement.
Improvements built by Grantee pursuant to this agreement shall be maintained by
Grantee. Any improvements built by Grantor shall be maintained by Grantor.
5. CONTROLLING LAW.
The interpretation of this Easement shall be governed by the laws of the State of
California.
6. NOTICES.
Any notices required by this Agreement or correspondence between the parties
shall be addressed as follows, unless the parties shall provide written notice of a change:
Owner:Roger and Wendy Mairose
22000 Via Regina
Saratoga, CA 95070
City: John Cherbone, Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868 -1200
With a copy to (which copy shall not constitute notice):
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
The undersigned understands that the within offer can only be accepted by resolution of
the City Council of the City of Saratoga and recordation of this instrument shall not and
will not constitute acceptance of the within offer to dedicate.
Trail Easement Offer of Dedication 2.
OWNER The Mairose Family Trust Agreement
Dated February 27, 1989, as amended
oger Mairose, Trustee
Wendy W. Mairose, Trustee
Date: t "I
(All signatures must be acknowledged before a Notary Public attach either corporate,
individual or partnership notary form.)
3
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On L Of before me, A ✓•c� C 4/61 4. 5 a Notary Public, personally
appeared ROGER F. MAIROSE and WENDY W. MAIROSE, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in
his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity(ies) upon behalf of which the person(s) 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 •fficial seal.
Signature of Notary:
(Seal):
S.S.
DAVID L. NEVIS
Commission 1801341
Notary Public CalitonN&
Santa Clara County
My Comm. Expires Jun 26. 2012
Exhibit "A"
Legal Description and Plat Plan of the Pedestrian Equestrian Trail Easement
EX.H.IBIT A
ROGER F. MAIROSE WENDY W. MA (ROSE FAMILY TRUST
(NAME OF GRANTOR)
grants to the City of Saratoga, a political subdivision of the State of California, for a Equestrian Path
purposes a Right -of -way and Easement in, over, under, upon and across all that real property situated
in the County of Santa Clara, State of California, described as follows:
Being a portion of that certain parcel of land described in a Grant Deed from the filed for record on October 10,
2008 in Document No. 20032996, Santa Clara County Records, being a portion of the Sections 2, Township 8
South, Range 2 West and Sections 35, Township 7 South, Range 2, Mount Diablo Base Meridian, and
more particularly described as follows:
BEGINNING at the southwestern most corner of the Lands of Roger F. Mairose Wendy W. Mairose Family
Trust, described in a Grant Deed from the filed for record on October 10, 2008 in Document No. 20032996,
Santa Clara County Records, thence along the southerly lines of said lands of Mairose Family Trust the
following 2 courses and distances:
1. N 39 °40'30" E, a distance of 326.48'; thence
2. N 76 °15'30" E, a distance of 262.99'; thence along the easterly line of said lands of Mairose
Family Trust, N 36 °00'10" W, a distance of 21.62'; thence through said lands of Mairose Family Trust
the following 4 courses and distances:
1. S 76 °15'30" W, a distance of 254.80' to the point of curvature of a tangent curve,
2. Concave to the Southeast, having a radius of 20.00' and a central angle of 36 °36'15 thence southwesterly
along said curve, a distance of 12.78'; thence
3. S 39 °40'30" W, a distance of 262.52'; thence
4. N 82 °18'31" W, a distance of 99.54', thence along the southwestern most line of said lands of
Mairose Family Trust, S 44 °10'51" E, a distance of 105.03' to the POINT OF BEGINNING.
Containing 0.33 acres or 14,424 square feet of land more or less.
This description was prepared from record information only and does not reflect data based on a field survey.
Attached hereto is a plat labeled Exhibit "B" and by this reference made a part thereof.
Description prepared on November 30th, 2009.
END OF DESCRIPTION CHECKED FOR ACCURACY
MUN KYU LEE
IN WITNESS WHEREOF, the said Owner(s) has executed this Deed on
(Owner/ Yrustee)
AME OF CIVIL ENGINEER OR LAND SURVEYOR
-25881 (EXP 12 -31 -09) 11 -30 -09
(RCE or LS Number) Date
(Owner/ Trustee)
6 7.77'
N 82 18'30" TV
OB
ND 5p3 -6946
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M N
E XHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR AN AREA
TO BE DEDICATED FOR AN EQUESTRIAN EASEMENT
IN THE COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
DATE: 11 -30 -09 SCALE: 1" 60'
ILK ASSOCIATES
SURVEYORS ENGINEERS
13 CEDAR LANE
SAN JOSE CA. 95127
(408) 729.3734
11
Exhibit `B"
Legal Description of Owner's Property
Esck No.: 08- 98204317 -SL
Locate No.: CACTI7743- 7743 2982 0098204317
Title No.: 08 98204317 -LD
PARCEL ONE:
PARCEL TWO:
EXHIBIT "13
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Beginning at the Southwesterly comer of land as shown on the Record of Survey map recorded in Book 740 of Maps at
page 38 Santa Clara County Records, said point is on the Northwesterly boundary line of Via Regina; thence South 82°
18' 30" East a length of 67.77 feet; thence North 39° 42' 30" East a length of 293.44 feet; thence North 34° 03' West a
length of 395.33 feet to the section line between Section 35, Township 7 South, Range 2 West and Section 2,
Township 8 South, Range 2 West, Mount Diablo Base and Meridian; thence along said Section North 89° 32' 20" East a
length of 414.26 feet; thence South 03° 28' 26" East a length of 203.17 feet; thence South 36° 00' 10" East a length of
131.43 feet; thence South 76° 15' 30" West a length of 262.99 feet; thence South 39° 40' 30" West a length of 326.48
feet to said Northwesterly limit of Via Regina; thence along Via Regina North 44° 10' 51" West a length of 105.03 feet
to the point of beginning.
Said land was created by and shown as Adjusted Parcel 503- 69 -25, in that certain Certificate of City Surveyor for Lot
Line Adjustment, which recorded June 27, 2007 as Instrument No. 19484442 of Official Records, Santa Clara County
Records.
A non exclusive easements for the purpose of ingress and egress and for the installation and maintenance of public
utilities and for the purpose of installation and maintenance of power lines, telephone line, water pipe line, gas pipe
lines and sewer lines, over those strips of land described as follows:
A) Beginning at an iron pipe at the Easternmost corner of the 12.369 acre tract of land described in the deed to M.G.
Milsted, et ux, dated July 22, 1947 and recorded in Book 1489 of Official Records, page 135, and running thence
Northwesterly along the Northeasterly lines of said 12.369 acre tract of land the following courses and distances: N.
19° 50' 32" W. 174.29 feet to an iron pipe; N. 49° 56' 40" W. 147.83 feet to an iron pipe; N. 50° 05' 19" W. 281.07
feet to an iron pipe; N. 47° 26' 48" W. 310.55 feet to an iron pipe; and N. 44° 17' 36" W. 213.65 feet to an iron pipe;
thence leaving the Northeasterly boundary of said 12.369 acre tract of land and running S. 82° 18' 30" E. 117.30 feet;
thence S. 36° 11' 30" E. 259.23 feet to an iron pipe; thence S. 50° 29' 30" E. 109.12 feet to an iron pipe thence S. 68°
08' 30" E. 180.54 feet to an iron pipe; thence S. 31° 23' 45" E. 101.84 feet to an iron pipe; thence S. 51° 35' 45" E.
236.08 feet to an iron pipe; thence S. 10° 06' 30" E. 129.89, feet to an iron pipe; thence S. 28° 59' 30" E. 90.76 feet to
an iron pipe; thence West 60.00 feet to the point of beginning.
B) A strip of land 60 feet in width, the center line of which is described as follows:
Beginning at an iron pipe in the center line of Pierce Road, at the Southernmost corner of that certain 62.663 acre
tract of land described as Parcel 1 in the deed from George G. Loyst, et al, to Alfred S. Evans, dated July 17, 1944 and
recorded August 8, 1944 in Book 1217 of Official Records, page 110, Santa Clara County Records; running thence
along said center line of Pierce Road the following courses and distances: N. 36° 35' E. 35.94 feet to an iron pipe;
thence N. 51° 35' E. 203.94 feet to an iron pipe; N. 32° 05' E. 315.48 feet to an iron pipe; and N. 59° 15' E. 118.75
feet to an iron pipe set at the true point of beginning of this description; thence leaving said center line of Pierce Road
and running the following courses and distances: N. 80° 57' W. 75.98 feet, S. 59° 15' W. 114.44 feet; S. 32° 05' W.
86.28 feet; S. 32° 46' 15" W. 157.48 feet; S. 57° 42' 45" W. 68.89 feet; thence on a curve to the right having a radius
of 108.12 feet, through an angle of 119° 09' 45" for a distance of 224.86 feet; thence N. 3° 07' 30" W. 259.07 feet; N.
18° 36' 30" E. 195.67 feet, and North 158.47 feet to a point which bears East 30.00 feet from an iron pipe set at the
Northernmost corner of that certain 2.993 acre tract of land described in the deed from Alfred S. Evans, et ux, to
Meredith Roseborough, et ux, dated January 13, 1948 and recorded January 15, 1948 in Book 1553 of Official Records,
page 91.
PARCEL THREE:
An easement for storm drainage, including the right to convey rain or surface water, subsurface water, condensate,
cooling water or other similar discharges, but not sewage, over and across that certain parcel of land described as
follows:
Being a portion of Parcel Two as described in the deed to Jianguo Jiang and Qing Wen, Trustees of the Jiang Wen
Living Trust, filed May 2, 2004, recorded as Document Number 18823913, Official Records of Santa Clara County,
situated in the City of Saratoga, State of California, and being more particularly described as follows:
BEGINNING at a point on the Southwesterly corner of said Parcel; thence traverse along the Westerly line of said
Parcel N 36° 00' 10" W, 30.67 feet to the TRUE POINT OF BEGINNING; thence traverse along the following four (4)
courses: along the Northeasterly line of said Parcel N 88° 18' 24" W, 50.27 feet; N 01° 41' 36" E, 10.00 feet; S88° 18'
24" E, 58.00 feet; and Along the Westerly line of said Parcel S 36° 00' 10" E, 12.64 feet to the TRUE POINT OF
BEGINNING.
Said easement is appurtenant to, and for the benefit of, PARCEL ONE above and was created by that certain Storm
Drainage Easement Agreement recorded October 5, 2007 as Instrument No. 19606408, Official Records of Santa Clara
County, California.
APN: 503 -69 -040
This is to certify that the interest in real property conveyed by the deed or grant dated
February 17, 2009 from the Mairose Family Trust to the City of Saratoga, a municipality,
has been accepted by the Saratoga City Council Resolution No. 09 067 passed and
adopted on the 16th day of December, 2009, and the grantee consents to recordation
thereof by the City of Saratoga.
Dated
By
City Clerk, City of Saratoga
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SECTION 27281)
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of J alk) 1 l
On (J j(')Q1 before me,
personally appeared
Place Notary Seal Above
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer Title(s):
Partner Limited f J General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
'ram lee")
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Here Insert Name and Title of the Officer
1)7
Name(s) of Signer
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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 wiett icial seal.
Signature of Notary Public
Signature
OPTIONAL
e Irma T/tai/
Number of Pages:
Signer Is Representing:
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ke t1
Document Date: (a Ito p?
Signer(s) Other Than Named Above:
Signer's Name:
Individual
Corporate Officer Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
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