Loading...
HomeMy WebLinkAboutCity Council Resolution 10-046 DOCUMENT: 208291 90 Pages: 17 Fees.... A No Fees Taxes III II III I III II 1111 111 II II RECORDING REQUESTED BY: Copies . . City of Saratoga AMT PA I D WHEN RECORDED MAIL TO: REGINA ALCOMENDRAS RDE # 014 City Clerk SANTA CLARA COUNTY RECORDER 8/23/2010 City of Saratoga Recorded at the request of 3'27 PM 13777 Fruitvale Avenue City Saratoga, California 95070 RESOLUTION NO. 10 - 046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT AND CONDITIONALLY VACATING EXISTING TRAIL EASEMENT WHEREAS, Balu Balakrishnan and Mohini Balakrishnan are Co- Trustees of the Balu and Mohini Balakrishnan Trust dated June 9, 1993, which Trust is the Owner ( "Owner ") of the real property described at Exhibit F attached hereto and hereinafter referred to as "Subject Property;" and WHEREAS, on July 23, 2008 the City of Saratoga Planning Commission passed and adopted Resolution No. 08 -034 approving Application No. PDR07 -0012 for addition to an existing residence located on the Subject Property (also known as 21789 Villa Oaks Lane -APN 503 -78 -036). Per Condition No. 15 of said Resolution No. 08 -034, the Owner (as Applicant) is required to relocate an existing pedestrian- equestrian trail easement on the property or remove the existing wrought iron fence within the existing easement; and WHEREAS, the Owner selected the option of relocating the pedestrian and equestrian trail and agreed to dedicate a replacement easement for the pedestrian and equestrian trail easement currently blocked by a fence ( "replacement easement ") after the completion of the trail relocation; and WHEREAS, the Owner further agreed to prepare all necessary documents for the recordation of the replacement easement and the conditional summary vacation/abandonment of the existing trail easement to be replaced ( "conditional summary easement vacation "); and WHEREAS, the Owner has completed the trail relocation to the satisfaction of the City Engineer; and WHEREAS, the Owner signed the Offer to Dedicate Pedestrian and Equestrian Easement attached hereto as Exhibit A dedicating the replacement easement; and Resolution Accepting Balakrishnan Offer to Dedicate /Conditional Vacation 1 WHEREAS, the Owner prepared all necessary documents for the Owner's recordation of the dedication of the replacement easement and the City's acceptance thereof in acceptable form and content including legal description attached hereto as Exhibit B and plat plan attached hereto as Exhibit C; and WHEREAS, the Owner has prepared all necessary documents for the conditional summary easement vacation in acceptable form and content including legal description attached hereto as Exhibit D and plat plan attached hereto as Exhibit E; and WHEREAS, the Owner agrees that the vacation of the the existing easement to be replaced shall not be deemed final or recorded until the Owner provides evidence satisfactory to the City (by means of Subordination Agreement(s) or Full reconveyance of Deed(s) of Trust or other means) that the replacement easement has priority in title over all other foreclosable interests in the Subject Property (except liens for taxes not yet due or payable and for underground water rights); and WHEREAS, the City agrees not to use the existing easement being replaced as long as the replacement easement is lawfully available for use and Owner may landscape same; however, if at any time before the summary easement vacation is lawfully recorded the replacement easement ceases to be lawfully available for use, Owner agrees to restore the the existing easement which was replaced (including, but not limited to, removal of the fence blocking such easement); and WHEREAS, the City Council has determined that adoption of this Resolution is in the public interest and upon this Resolution being duly adopted and recorded thereby accomplishing the acceptance of the Offer to Dedicate Trail Easement, Condition No. 15 of the referenced Planning Commission Resolution No. 08 -034 shall be deemed satisfied and the City Building Permit for the work authorized by Resolution No. 08 -034 may be given final approval if all other requirements have been satisfied; and WHEREAS, Streets and Highways Code Section 8333 (c) authorizes summary vacation of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City has determined that the said existing trail easement to be replaced can be classified as a public service easement and it has been superseded by relocation (subject to the condition that Owner provide evidence satisfactory to the City that the replacement easement has priority in title to all other foreclosable interests in the Subject Property, except liens for taxes not yet due or payable and for underground water rights), and there are no other public facilities within the easement which do not have separate easements of their own. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: Resolution Accepting Balakrishnan Offer to Dedicate /Conditional Vacation 2 1. The Owner's Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail on the Subject Property identified as 21789 Villa Oaks Lane (APN 503 -78 -036) as described on the attached Exhibits A, B and C is hereby accepted; and 2. This Resolution is hereby adopted and shall be duly recorded thereby completing the acceptance of the Offer to Dedicate Trail Easement, and as a result thereof Condition No. 15 of City Planning Commission Resolution No. 08 -034 shall be deemed satisfied and the City Building Permit for the work authorized by Resolution No. 08 -034 may be given final approval if all other requirements have been satisfied; and 3. Pursuant to Streets and Highway Code Section 8335 the existing Pedestrian and Equestrian Trail Easement to be replaced on the Subject Property which has been relocated (as described on the attached Exhibits D and E) is hereby approved for conditional summary easement vacation subject to the condition that prior to being deemed final or recorded Owner shall provide evidence to the City (by means of Subordination Agreements) or Full reconveyance of Deed(s) of Trust or other means) that the replacement easement has priority in title to all other foreclosable interests in the Subject Property (except liens for taxes not yet due or payable and for underground water rights) ; and 4. When such evidence is provided by the owner to the City, the City Manager shall sign the final summary vacation and lawfully record it in the office of the Santa Clara County Recorder in a timely manner. After the recordation date of the final summary vacation, the said existing trail easement being replaced shall no longer constitute an easement on said property; and 5. The City finds the following facts under which the conditional summary easement vacation is approved: (a) that the existing easement being hereby conditionally vacated has been superseded by relocation (subject to the condition that Owner provide evidence satisfactory to the City that the replacement easement has priority in title to all other foreclosable interests in the Subject Property, except liens for taxes not yet due or payable and for underground water rights); and (b) that there are no other public facilities located within the easement which do not have separate easements of their own; and 6. City shall not to use the existing easement being replaced as long as the replacement easement is lawfully available for use and Owner may landscape same; however, if at any time before the summary easement vacation is lawfully recorded the replacement easement ceases to be lawfully available for use, Owner shall restore the existing easement which was replaced (including, but not limited to, removal of the fence blocking such easement); and Resolution Accepting Balakrishnan Offer to Dedicate /Conditional Vacation 3 7. No other easements identified, described and delineated on the Subject Property are vacated, conditionally vacated or abandoned by the City by virtue of this Resolution; and 8. The City Clerk is hereby authorized and directed to record the attached Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail and this Resolution Accepting Offer Dedicating Trail Easement and Conditionally Vacating Existing Trail Easement. Passed and adopted on the 21 of July, 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Capello, Hunter, King, Miller, and Page NOES: None ABSENT: None ABSTAIN: None f 7 e - Kathleen King, Mayor i City of Saratoga Attest: Annvan, City Clerk Resolution Accepting Balakrishnan Offer to Dedicate /Conditional Vacation 4 EXHIBIT A TO RESOLUTION RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 OFFER TO DEDICATE PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT 1. BACKGROUND A. Property The undersigned Owner warrants and represents that it is the sole owner in fee simple of the property located at 21789 Villa Oaks Lane in the City of Saratoga, the County of Santa Clara, in the State of California and identified as Parcel 2 on the Parcel Map recorded in Book 692 of Maps at pages 40 and 41 attached hereto as Exhibit "A" (the "Property), Assessor's Parcel Number 503 -78 -036. B. Easement Area The portion of the Property that is subject to this Offer to Dedicate ( "Offer ") is described in attached Exhibit "B" Legal Description and shown on the attached Exhibit "C" Plat to Accompany Legal Description, and is herein referred to as "Easement Area." C. Purpose The purpose of this Offer is to offer to dedicate the Easement Area to the City of Saratoga: (1) a non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; (2) the right of entry described below; and (3) this easement is being offered as a condition of Planning Commission Resolution No. 08 -034 and is intended to relocate the existing trail easement on the Property, and which existing easement will be vacated in exchange for this Offer. D. Consideration The undersigned Owner hereby acknowledges receipt of valuable and adequate consideration for this Offer to grant a trail easement to the City of Saratoga. Trail Easement Offer to Dedicate 2. OFFER TO DEDICATE. Owner, for itself, its heirs, successors and assigns, hereby grants and conveys this Offer to grant and convey to the City of Saratoga ( "City ") subject to the conditions, rights, and obligations set forth below, the easements over the Easement Area. 3. OFFER BINDING ON SUCCESSORS IN INTEREST. This Offer affects the title to or possession of the Property. All the terms of this Offer and of the easements granted upon acceptance of this Offer shall be binding upon and burden the Property and shall continue as an interest in, and running with, the land in perpetuity. The terms "Owner" and "City," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the successors, transferees, and assigns of the above -named Owner and City. 4. PUBLIC ACCESS EASEMENT AND RIGHT OF ENTRY. Upon acceptance of this Offer Owner grants and conveys the following easements with respect to the Easement Area: A. A non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; and B. A right of entry by the City of Saratoga, its employees, agents, contractors, volunteers, successors, transferees and assigns to maintain the trail and otherwise address matters of public health, safety, and welfare. The parties agree that these easements are "public easements" granted to a "public entity" within the meaning of California Government Code §831.4, and will be used for "recreational purposes" within the meaning of California Civil Code §846. 5. CONDITION OF EASEMENT AREA. The Easement Area 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 City pursuant to this agreement shall be maintained by City. Any improvements built by Owner shall be maintained by Owner. 6. CITY OBLIGATIONS. A. The trail shall be maintained by City and City shall install signage it determines is reasonably necessary to discourage public access to portions of the Property not included in the Easement Area. City shall have the right to temporarily close the trail at any time that City determines that the closure is warranted in order to protect health or safety of the public or Trail Easement Offer to Dedicate 2 residents or animals on the Property including, but not limited to, at times of high fire danger, closures of connecting trails, or risk of landslide. B. City shall indemnify, defend and hold harmless Owner, and its respective agents, attorneys, representatives, brokers, advisors and the like, from any and all claims, obligations or liabilities associated with injury or damage to person or property arising out of the City's maintenance and the public's use of the trail, except where such injuries or damages to person or property is caused, in whole or in part, by negligence or fault on the part of the Owner, or an agent or employee of the Owner, or an independent contractor who is directly responsible to the Owner. 7. WARRANTY. Owner warrants to City that: A. The Easement Area is, as of the date this Offer is executed by Owner, free and clear of all liens (with the exception of an existing mortgage) of the Agreement Date and that Owner shall keep it so while the Offer remains open to acceptance and recordation. B. No one has the legally enforceable right (for example, under a lease, easement or right -of -way agreement in existence as of the date this Offer is executed by Owner) to prevent the use of the Easement area for the purposes contemplated by this Offer and that Owner shall keep it so while the Offer remains open to acceptance and recordation. C. To the best of Owner's knowledge, the Easement Area is not contaminated with materials identified as hazardous or toxic under applicable law and no such materials have been stored or generated within the Easement Area. 8. CONTROLLING LAW. This Offer is made in the State of California and shall be construed and interpreted in accordance with the laws of said state. 9. NOTICES. Any notices required by this Agreement or correspondence between the parties shall be addressed and delivered by first -class mail postage prepaid as follows, unless the parties shall provide written notice of a change to that same address and delivered by that same method: Owner: Balu and Mohini Balakrishnan 21789 Villa Oaks Lane Saratoga, CA 95070 City: John Cherbone, Public Works Director City of Saratoga Trail Easement Offer to Dedicate 3 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 10. ENTIRE AGREEMENT. This Agreement together with the Exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the parties constituting the Offer to Dedicate. 11. ACCEPTANCE. 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 cannot constitute acceptance of the within Offer to Dedicate. IN WITNESS WHEREOF, Owner has duly executed this Offer as of the day and year stated below and the signatory below represents that he has been duly authorized to execute this document. OWNER By: / 7 £ rv� OL Gc.lL Its: tt Date: - - - " ? (All signatures must be acknowledged before a Notary Public — attach either corporate. individual or partnership notary form.) Trail Easement Offer to Dedicate 4 State of California ) County of Santa Clara ) On July 15, 2010 before me, L.Basile , Notary Public (here insert name and title of the officer), personally appeared Balu Balakrishnan and Mohini Balakrishnan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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 my hand and official sAal. Z ,�.. L. BASLE Signature C a (Seal) ;VK Commission * 1882599 1 ";'- �A Notary Public - California Z - 1,, , Santa Clara County t7 M Comm. Ex fres Mar 13, 2014 (notary)(12 -07) " " ' " -. 4 ifd "EXHIBIT A TO OFFER TO DEDICATE EASEMENT" LEGAL DESCRIPTION THE LAND RE ERRED TO HEREIN BELOW _ 'SITUATED IN THE C1 i y OF S ! OGA OUINT' OF SANTA A CLA.RA, S ii L'.'= OF CALIFORNIA AND IS DESCRIBED 4.5 FOL OVVS: PARCEL ONE: All of Parv& 2, as shown on that certain Parcel a. cel Mp a, which Mao e' on record - e . i l t'� n l,, Ma J was flied I C V ..1. " in the � IL.. of the Recorder of :he County of Santa ° era, State of Cailf ornla on August. 13, 1997, in Book 532 of Maps page(i) 40 and 41. SCE. l ING THEREFROM the underground water rights without rights of surface entry as conveyed to San Jose Water Works, a California corporation, by Deed recorded March 1988, in Brook K472, Pape 890 of Official Records. PARCEL TWO A non exclusive landscaping easement as granted by Deed recorded October 24, 1996, Instrument No. 13495150, described as follows: Beginning at the most Westerly corner of Lot 18 as shown on the amended Tract Map for Tract 7761, recorded in Book 604 of maps, at pages 42 through 44, Santa Clara County Records; thence along the Northerly line of said Lot 18 North 51° 36' 48" East a distance of 201.72 feet; thence South 87' 40' 04" East a distance of 341.64 feet; thence North 56' 33' East a distance of 73.45 f�et; thence leaving said lot line South 36 18' 40" East a distance of 204.01 feet; thence South 16' 47' 19" West a distance of 15.57 feet; thence North 74° 49' 38" West a distance of 314.51 feet; thence South 40° 38? 27" W a distance of 196.72 feet to the Westerly boundary of said Lot 18; thence along said Westerly line North 34° 21' 53" West a distance of 76.74 feet; .hence North 81' 14' 09" West a dis nce of 204.53 feet to the point of beginning. Being a portion of Lot 18 as said lot is shown on the Amended Tract Map of Tract No. 7761 filed August 21, 1989 in Book 504 Maps 42, 43 and 44, Santa Clara County Records. APN: 503 -78 -036 • "EXHIBIT B TO OFFER TO DEDICATE EASEMENT LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL. EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows: Beginning at the most southwesterly corner of Parcel 2 as shown on th certain Parcel Map recorded in Book 692 of Maps at Pages 40 and 41, Santa Clara County Records; Thence along the northerly right of way of Vila Oaks Lane South 69 Degrees 31 Minutes 20 Seconds East a distance of 7.50 feet to the True Point of Beginning of this description and the centerline of a 15 foot wide Pedestrian and Equestrian Easement; thence North 24 Decrees 28 Minutes 41 Seconds East a distance of 100.37 feet; thence North 09 Degrees 28 Minutes 15 Seconds East a distance of 21.66 feet; thence North 41 Degrees 19 Minutes 39 Seconds { West a distance of 66.00 feet; thence North 36 Degrees 50 Minutes 59 Seconds West a distance of 169.90 feet to a point on the northwesterly line of said Parcel 2 distant thereon North 40 Degrees 57 Minutes 20 Seconds East a distance of 10. feet from the most westerly corner of said parcel 2, said point being the Point of Termination of this description. Containing 5,369 square feet, more or less. 0 LAND SU , (4 gY 8/10 'pL O No.4953 * Exp.12 -31 -11 * N F ©F iF .4 CAI. � "EXHIBIT C TO OFFER TO DEDICATE EASEMENT" SCALE: 1" =100' C ` 314 .51' N PARCEL 2 � 7 2'5 3. O 692 M 40,41 20 W • 4161,-) POINT 3.308 AC. POINT OF TERMINATION ,, A.P.N. 503 - - 036 � ��. • N 36'50'59" W 169.90' �p�- / 1.6 15.00' /K__ p \ • \ N 4 66 009,. W /// / a / N 09'28'15" E / CENTERLINE OF 15' P.E.E. 6' \ 21.66 / o �/ o 44 ' / 2 : /// .00 N 24'28'41" E 100.37' P • a B. 2 . S0' --• N 6 93 j , 4''O / lg 2 4 \ p ` 6` w R ; 1 81 6616 „ / V/4 \o B. 3.. g �o LAND s q Oak �` - R =16 .00. . ry R = V 4 ,,' ,G,,�tY e4 / P4_ F NI' L= 30.14' v N 20'35'27” E 6.25' ,4, No. Exp. -31 -11 * 9 � OF © ¢��Q LEGEND CALF , PROPERTY LINE � EASEMENT €_ CENTERLINE / P.O.B. POINT OF BEGINNING P.E.E. PEDESTRIAN AND EQUESTRIAN NOTE: THIS PLAT DOES NOT SHOW ALL EXISTING EASEMENTS TRAIL EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION WESTFALL ENGINEERS, INC. 21789 VILLA OAKS LANE ' 14583 BIG BASIN WAY SARATOGA, CA 95070 SARATOGA, CA 95070 DATE: APRIL 5, 2010 JOB NO: SCALE: 1"=1 00' 2009 -087 "EXHIBIT B TO RESOLUTION" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows: Beginning at the most southwesterly corner of Parcel 2 as shown on that certain Parcel Map recorded in Book 692 of Maps at Pages 40 and 41, Santa Clara County Records; Thende along the northerly right of way of Villa Oaks Lane South 69 Degrees 31 Minutes 20 Seconds East a distance of 7.50 feet to the True Point of Beginning of this description and the centerline of a 15 foot wide Pedestrian and Equestrian Easement; thence North 24 Degrees 28 Minutes 41 Seconds East a distance of 100.37 feet; thence North 09 Degrees 28 Minutes 15 Seconds East a distance of 21.66 feet; thence North 41 Degrees 19 Minutes 39 Seconds West a distance of 66.00 feet; thence North 36 Degrees 50 Minutes 59 Seconds West a distance of 169.90 feet to a point on the northwesterly line of said Parcel 2 distant thereon North 40 Degrees 57 Minutes 20 Seconds East a distance of 10.10 feet from the most westerly corner of said parcel 2, said point being the Point of Termination of this description. Containing 5,369 square feet, more or less. p 1.AN Ds& - o * No. 4953 Exp. 12 -31 -11 DF CA C5S7 7;e4_,( /47 "EXHIBIT C TO RESOLUTION" 7.--- . � 4 30' 3 W 1 SCALE: 1"=100' .........Z 4 �`' PARCEL 2 N 72 . 53' . ,r1, 6 92 M 40,41 2Q 0 w 8 " W 3.308 AC. • POINT OF TERMINATION �� A.P.N. 503 - - � .�` • N 36'50'59" W 169.90' ��� /i 2 ` \ g. Q� 1 � . \\ 15.00' — Oo�' / / \ O., \ \ N 4 66 009 W /// ' o` \ N 09'28'15" E // , CENTERLINE OF 15' P.E.E. 21.66' o /C) � \\\ / ki 15.00 / Z a � � o /f" / ' N 2428'41" E 100.37' (■io'ry / � / P.O. &. . . Sp' - N 69 3 4, 09 . 1 TR 19 ` 680 " I, / , 4 5'16 � Cq � O e ��3� 9 36' v01AND pqk$ q - R= 1 6, =10'47'3 60.00' v r v �� RY 8,4,9, � E ry N L= 30.14' / ' N 20'35 27" E 6.25' NO.4953 73 t ExA• 12 -31 -11 * Q. itib LEGEND CAL PROPERTY LINE EASEMENT - — — - CENTERLINE - P.O.B. POINT OF BEGINNING / P.E.E. PEDESTRIAN AND EQUESTRIAN NOTE: THIS PLAT DOES NOT SHOW ALL EXISTING EASEMENTS TRAIL EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION E b WESTFALL ENGINEERS, INC. 21789 VILLA OAKS LANE ' 14583 BIG BASIN WAY SARATOGA, CA 95070 SARATOGA, CA 95070 DATE: APRIL 5, 2010 JOB NO: SCALE: 1"=100' 2009 -087 "EXHIBIT D TO RESOLUTION" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT TO BE ABANDONED The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, all as shown on the attached "Exhibit E to Resolution" and described as follows: Beginning at the most southwesterly corner of Lot 18 as shown on that certain subdivision map for Tract 7761 known as Mount Eden Estates, recorded in Book 567 of Maps at pages 48, 49 and 50 and as shown on that certain Amended Tract Map for Tract 7761 recorded in Book 604 of Maps at pages 42, 43 and 44, Santa Clara County Records; Thence along the northerly right of way of Villa Oaks Lane South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04 feet to the True Point of Beginning of this description; thence North 24 Degrees 09 Minutes 48 Seconds East a distance of 137.79 feet; thence North 42 Degrees 08 Minutes 49 Seconds West a distance of 245.00' feet to the Point of Termination. Containing 5,742 square feet, more or less. O LAND s No. 4953 'A * EXP. 1 2 - 31 -1• N , g‘ ' "-4----<- EXH /B /T A" TO RESOLurtaltl " [=too` e; ���. of '� SN, 6 Q.S's \\ e T 77 s c„ ,y` dRt6• LOT /8, .`. Ss. • ° r Al29$4,'23 j C EASE'!`tEIVT';` �1 37. oo SCEN NEW Lor L c t 4 0 1 , ''. • ' o PR P. H. M 4 692 E M44 N:: i • '- / q�?, 41 _� NSB• �� ..� 19 ' g 3 a � i S 20'01' 34.�� f s � ,�. �� / • N 8! lit ` 09 "1./ 201. 53 % � �•9 po/MT Or 7 RM /N�4T /ON + 1 / c 1,- Ir- • ;tn - '+ .•.. S t3 1 "{l ,DI *IC y i ;� �G • 70 ee , LA i tS� a i * 5) tAND se/ N' • .10 `Z 9 -'L �.� ; . , o �.. �` Z '` �� No. 4953 I ! 11 N� s . , 7/3-1 Exp. 12 -31 - . `� N'. '�� 0 0 O ct oov. ` ' ti,...... + • .a'`STO N6 moo. ,04 ,,s-az--44 (V "'3 a • N7. ' � ceo D '. , '4ti•�u6 c6/ 0 P o.8 . x,_ Po.B 8 s ♦' '� 26. ----i/N. - &"1"1--,J,17. R8181. 4,9'46'1 /.% • L ?30.9 vj4 ,4 ol 4N4 Note: This ,n /at does not show all ex/S4i,q easemnts . PLOT TO ACCOMPANY LEGAL DESCRIPTION WESTFALL ENGINEERS, INC. 2/76'9 V /LtA OAKS LAYS SARATOGA, CA 14583 BIG BASIN WAY Rafe: ,/wne / /, 2O/0 7D8 No: SARATOGA, CA 95070 SCRL£: /" - /co' Zoo, - 06'7 EXHIBIT F TO RESOLUTION LEGAL DESCRIPTION L C.N: _, �Z =J < , E:N _N ! i i ..,F CiF SANTA n. PARCEL ONE: Ali of Pa, 2, as shown on trla. certain ParCei Mai w ,ich F` a w J r a rd h' tn= tce ,:ne :e'car: of :he County o Sant.. Cara. State of Ca4fornia on .A.u_us: 13, 1997, !r: ?DOK 53 ears pag=t=i and 41. . EXCEPTING ING 1 h _.REF .OM the underground water rights wtnout rights, of surface entry as conveyed to San Jose Water Works, a Ca[rfurnia corpo"Ftior, by Deed recorded March 15, 1983, In Book K472 Paoe 890 of Official & Records. PARCEL TWO: a, non exclusive landscaping easement as granted by iced recorded October 24, 1996, instrument No 13495150, described as follows: Beginning at the most W -terly corner of Lot 13 as shown on the amended Tract Map for Tract 7761, recorded in Book 604 of maps, at pages 42 through 44, Santa Clara County Records; thence along the Northerly line of said Lot 18 North 51' 36' 48" East a distance of 201.72 feet; thence South 87° 40' 04" East a distance of 341.64 feet; thence North 56' 33' East a distance of 73.45 feet; thence leaving said lot line South 36' 18' 40" East a distance of 204.01 feet; thence South 16° 47 19" West a distance of 15.57 feet; thence North 74° 49' 38" W a distance of 314.51 feet; thence South 4Q° 38?' 27' West a dis of 196.72 feet to the W boundary of said Lot 18; thence along said Wes line North 34' 21' 53" We a distance of 75.74 feet; thence No 81' 14' 09" West a disc nce of 204.53 feet to the point of beginning. Being a _portion of Lot 18 as sad at is shown on the Amended Tract Map of Tract Nc. 7761 flied August 21, 1989 in Book 604 Maas 42, 4 3 and 44, Saner Clara County Records. APN: 503 -78 -036