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HomeMy WebLinkAboutCity Council Resolution 10-052 DOCUMENT: 20888755 Pages. 17 • Fees . * No Fees Taxes.. RECORDING REQUESTED BY: 0 0 IIII Ell Copies . . City of Saratoga AMT PA I D WHEN RECORDED MAIL TO: REGINA ALCOMENDRAS RDE # 010 City Clerk SANTA CLARA COUNTY RECORDER 9/27/2010 Recorded at the request of 10 28 AM City of Saratoga City 13777 Fruitvale Avenue Saratoga, California 95070 h bv Ctirce (CoS RESOLUTION NO. 10 -052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT AND ABANDONING TRAIL EASEMENT 1 WHEREAS, on March 23, 2009, the City of Saratoga (hereinafter referred to as "City ") and Saratoga Country Club (hereinafter referred to as "Owner ") entered into an Agreement to Relocate Pedestrian and Equestrian Trail (hereinafter referred to as "Agreement ") on Owner's property located at 21990 Prospect Road (APN 366 -29 -007); and WHEREAS, per the referenced Agreement, the City agreed to relocate the pedestrian and equestrian trail and prepare all necessary documents for the recordation of the new pedestrian and equestrian trail easement and abandonment of the trail easement no longer needed; and WHEREAS, per the referenced Agreement, the Owner agreed to dedicate a new pedestrian and equestrian trail easement after the completion of the trail relocation; and WHEREAS, the City completed the trail relocation; and WHEREAS, the Owner signed the Offer to Dedicate Pedestrian and Equestrian Easement attached hereto as Exhibit A; and WHEREAS, the City prepared all necessary documents for the recordation of the relocated trail easement dedication in acceptable form and content including legal description attached hereto as Exhibit B and plat plan attached hereto as Exhibit C; and WHEREAS, the City prepared all necessary documents for the recordation of the trail easement abandonment in acceptable form and content including legal description attached hereto as Exhibit D and plat plan attached hereto as Exhibit E; and WHEREAS, HEREAS the City Council has determined that the acceptance of the Offer to Dedicate Trail Easement and abandonment of the preexisting trail easement would be in compliance with the referenced Agreement and in the public interest. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: 1. The Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits A, B and C is hereby accepted; and 2. The preexisting Pedestrian and Equestrian Trail Easement on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits D and E is hereby abandoned and from and after the date that this resolution is recorded in the office of the Santa Clara County Recorder, said trail easement shall no longer constitute an easement on said property; and 3. No other easements identified, described and delineated on the property located at 21990 Prospect Road (APN 366 -29 -007) are abandoned or vacated by the City by virtue of this Resolution. 4. The City Clerk is hereby authorized and directed to record the Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail and this Resolution Accepting Offer for relocated Trail Easement and abandonment of preexisting Trail Easement. Passed and adopted on the 1 day of September, 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Councilmember Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None / ?7 K thleen M. King, Mayor City of Saratoga Attest: _� Date: 2 A ul livan, City Clerk CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of a„ I-a� On O I D/l e26 /0 before me, `?"nom c:Stt / / / di '/ 1 ate Here Insert Na e and Title of the O icer personally appeared k % Nam sl of Signer(s) 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 my hand and official seal. Si. . . - ir- Place Notary Seal Above ■1111111111111P!' ature of Notary Public OPTIONAL 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 ( j, e / C . Title or Type of Document: eu4 vh ai- – k , (t t t / a> �4 D e t OL' e 4 7M %/ fQs� 47 ' » Document Date: a /Q / / ,g /D Number of Pages: Prrpv7 • Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 11 Individual 11 Individual Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — 11 Limited 11 General RIGHT THUMBPRINT . Partner — Limited ^J General RIGHT THUMBPRINT Attorney in Fact OF SIGNER Attorney in Fact OF SIGNER 11 Trustee To of thumb here Trustee Top of thumb here Guardian or Conservator 11 Guardian or Conservator Other: 11 Other: Signer Is Representing: Signer Is Representing: •_/•'e , y a,. • •y '� 'd/.•y' •✓; ai�y6'L�pu✓,ia: 'L a; •.• ',Np`m •6 'AV A' J'i'•✓ '✓ W..' • erva• 'Y '.eii- y'•y4'a+ ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item 45907 Reorder Call Toll -Free 1 -800- 878 -6827 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 known as Saratoga Country Club generally located at 21990 Prospect Road in the City of Saratoga, the County of Santa Clara, in the State of California and identified in the description attached hereto as Exhibit "A" (the "Property "), Assessor's Parcel Number 366 -29 -007. 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 connected to the Midpeninsula Regional Open Space District public trails system; and (2) the right of entry described below. 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. 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 Trail Easement Offer to Dedicate forth below, the easements over the Easement Area described in section 3, below. Except for the dedication and grant of easement under, over and across the new trail location and abandonment of the prior trail location, nothing in this Offer shall alter the rights and obligations of the parties acquired pursuant to that "OFFER TO DEDICATE THE PUBLIC A PEDESTRLAN & EQUESTRIAN EASEMENT" executed on August 21, 1992 by Peninsula Recreation, Inc., dba Saratoga Country Club and accepted by Resolution No. 92 -069 of the Saratoga City Council, together recorded with the Office of the Recorder of the County of Santa Clara as Document No. 11638439 on November 12, 1992. 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 connected to the Midpeninsula Regional Open Space District public trails 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. 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 Trail Easement Offer to Dedicate 2 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 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. 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 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: Saratoga Country Club Rich Burton, President 21990 Prospect Road 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 Trail Easement Offer to Dedicate 3 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: Date: 7f ( 2c. G (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 ) ) ss. COUNTY OF On this day of 1 )1 , 20(0, before me, J cu& i(4141-1 , a Notary Public, personally appeared - 6(1,1 , 4-c71 , personally known to me (or 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. WITNESS my hand and official seal. Notary Publi rarroldwrimerftomiwodisoa JAVA E. RINALDO Commission f 17614 � r. f $aiWo Cto�o Co aWV 1 Trail Easement OtTer to Dedicate EXHIBIT A to OFFER TO DEDICATE EASEMENT PENINSULA RECREATION, INC., A CORPORATION )the real property situ:tell in the - l wnl s f i jof Banta Clara , State of California.44evrihed as fotl.M s SPGINFW(G at a 1 inch iron pipe set in the Easterly line of the West 1/2 of the northwest 1/4 of Section Tovnshig 7 South, Range 2 West, M.D.B. & M., distant thereon South 0 51' 05" East 386.45 feet from an iron pipe set at the North - easterly corner thereof thence from said point of beginning South 0 51' 05" East along the said Easterly line of the West 1/2 of the Northwest 1/4 of Section 35 for a distance of 2269.95 feet to a 1 inch iron pipe set at the Southeasterly corner thereof; thence South 8q° 53' 25" West along the . Southerly line of said ',Jest 1/2 of the northwest 1/4 of Section 35 for a distance or 942.96 feet to a 1 inch iron pipe; thence North 0 51' 05" West and parallel with the said Easterly line of the West 1/2 of the Northwest 1/4 of Section 35 for a distance of 2223.53 feet to a 1 inch iron pipe; thence North 2 25' 05" West k4.10 feet to a 1 inch iron pipe; thence Korth 56 31' 5r East 50.C4 feet to a 1 inch iron pipe; thence North 72 40' 25" at 249.51 feet to a 1 inch iron pipe ;, thence South 0 2' 25" nest 50.72 feet to a 1 inch iron pipe; thence South 83 07' 05" East 192.70 feet to a 1 inch iron pipe; thence North 9 37' 35" East 175. feet to a 1 inch iron pipe; thence South E1 01' 05" Fast feet to a 1 inch iron pipe; thence South 45 22' 2r East . 137.90 feet to a 1 inch iron pipe; thence South 66 11' 35" Fast 118.13 feet to a 1 inch iron pipe, and North 89° 08' 55" East 99.58 feet to the paint of beginning. CONTAINING APPROXIMATELY 51.026 acres, as surveyed and • rtonumented in January, 1959 by Marvin W. Wolff Civil Engineer and Surveyor, and being a portion or the West 1/2 of the Northwest 1/4 of Section 35, Township 7 South, Ranee 2 West, M.D.B. A Y.. 'C0ETHFR WITHH and as appurtenant to and for the benefit of the above described T1.026 acre tract, a non- exclusive easement for the purpose of ingress and egress and for the installation and !maintenance of public utilities over a strip of land, 40.00 feet in width the center line of which is more particularly described as follows: Beginning at an iron pipe set in the Easterly line o:' the West 1/2 of the Northwest 1/4 of 1ectton 35, Township 7 South, Rang 2 `,test, N.D.P. i, M. distant thereon South 0 51' 05" East 146.31 feet from an iron pipe set at the northeasterly corner thereof; said point of beginning also being in the center line of rrospect 1oadt thence from said point of beginning North 88' 41' 40" West 199.83 feet thence North 64 1t+' 10" West 198.60 Coat; thence North 83 59' 40" West 90.38 feet! thence South 44 19 50" West 171.96 feet; thence South 72 46' 50" Vest 149.20 feet; thence South 60 45' 20" west 146.20 fert; thence.South 71' 54' 20" West 58.05 feet; thence South 8 06' 35" West 51.08 feet to a point in • Northerly line of said 51.026 acre tract of land,.heretnabove described, i stint thereon North 56 31' , 55" Bast 25.02 feet from the Northwesterly corner thereof, and the terminus of said easement. Reserving therefrom use of the pump, p1Ent and well site, and existing eater pipe lines, for the reaa'ining lands of the grantor herein. EXHIBIT B to OFFER TO DEDICATE EASEMENT 4 4kiNi LAIV) - . Legal Description of the centerline of a 25 foot wide x'`r 7 { 8 .` Pedestrian and Equestrian Access Easement (P.E.E.) q 1 / z over the Lands of Saratoga Country Club ` 1 City of Saratoga, California or CM /k/V-efyr All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of that certain 51.026 acre parcel of land, as shown on that certain Record of Survey, which was filed for record on March 13, 1959, in Book 103 of Maps, at Page 46, Santa Clara County Records, this legal description being the centerline of a 25 foot wide easement, lying equally on both sides of the following described line, and being more particularly described as follows: Beginning at a point on the easterly boundary of said 51.026 acre parcel of land, said point being North 00 °51'05" West, 34.83 feet, from the southeasterly corner of said parcel of land, Thence, leaving said easterly boundary line, South 81 °54'12" West, 16.30 feet; Thence, North 73 °58'43" West, 75.88 feet; Thence, North 60 °17'53" West, 61.50 feet; Thence, North 71 °04'42" West, 35.20 feet; Thence, North 52°11'24" West, 67.26 feet; Thence, North 70 °51'30" West, 46.08 feet; Thence, North 76 °58'20" West, 45.12 feet; Thence, North 59 °21'58" West, 48.90 feet, to the beginning of a tangent curve to the left, having a radius of 32.18 feet; Thence, westerly along said curve, through a central angle of 39 °13'06 ", an arc distance of 22.03 feet; Thence, South 81 °24'56" West, 30.81 feet; Thence, South 69 °36'28" West, 55.63 feet; Thence, South 82 °11'18" West, 30.36 feet; Thence, North 89 °23'54" West, 71.30 feet, to the beginning of a tangent curve to the left, having a radius of 31.00 feet; Thence, southwesterly along said curve, through a central angle of 60 °40'13 ", an arc distance of 32.83 feet; Page 1 of 2 Pages Page 2 of 2 Pages 25' P.E.E. - Saratoga Country Club Thence, South 29 °55'53" West, 74.59 feet, to the beginning of a tangent curve to the left, having a radius of 100.00 feet; Thence, southerly along said curve, through a central angle of 27 °26'31 ", an arc distance of 47.90 feet, to the beginning of a reverse curve to the right, having a radius of 45.16 feet; Thence, southwesterly along said curve, through a central angle of 109 °48'25 ", an arc distance of 86.55 feet, to the beginning of a reverse curve to the left, having a radius of 60.00 feet; Thence, westerly along said curve, through a central angle of 29 °06'28 ", an arc distance of 30.48 feet; Thence, South 83 °11'19" West, 20.12 feet, to the beginning of a tangent curve to the right, having a radius of 40.00 feet; Thence, westerly along said curve, through a central angle of 24 °13'03 ", an arc distance of 16.91 feet; Thence, North 72 °35'38" West, 25.23 feet; Thence, North 52 °41'59" West, 52.00 feet; Thence, North 00 °21'34" West, 93.04 feet, to the beginning of a tangent curve to the left, having a radius of 45.00 feet; Thence, northwesterly along said curve, through a central angle of 72 °37'53 ", an arc distance of 57.04 feet; Thence, North 72 °59'27" West, 75.88 feet; Thence, North 61 °24'57" West, 5.65 feet, to a point on the westerly boundary of said 51.026 acre parcel of land, said point being North 00 °21'50" West, 219.27 feet, from the southwesterly corner of said 51.026 acre parcel of land, and said point being the Point of Terminus of the centerline of the 25 foot wide easement. End of Description. EXHIBIT C to OFFER TO DEDICATE EASEMENT . n N LINE TABLE Of, N UNE LENGTH BEARING G� rn 1 16.30' 581'54' 12 "W �, oi 2 75.88' N73 58'43 "W I •N 3 61.50' N60'17'S3 "N 4 35.20 N71'04'42 "W 1 * w 1 ot 5 67.26' N52'11'24 "W 18 6 46.08' N 70'51 `30 "W � n N76'58'20 7 45.12' N76'58'20 " 0 8 48.90' N59 21'58 "W ° 9 30.81 S81'24' 5 " /x '� y SCALE: 1"=200' 1 0 55.63' S69'36'28 "W • 1 1 30.36' 58211'18 "W 1 2 71.30' N89'23'54 "W 13 74.59' S29 "55'53 "W 1 4 20.12' 583'11'19 "W 15 25.23' , N72'35'38 "W 16 52.00' N52'41'59 "W In .o 17 93.04' N00 "21'34 "W • 18 75.88' N72'59'27 "W a 19 1 5.65' N61'24'57 "W Z d CENTERLINE OF 25' P.E.E. • A= 60 A= 39'13'06" R= 31.00' R= 32.18' L= 32.8 10 ` 3' ! /L= 22.03' T. J A=72'37'53" R=45 00' 1 0 L= 57.04 Cr-- d a --) h - `,, i-Y'� A= 29.06'28" •i ;--,. R= 60.00' A= 27'26'31" �—` 2 L= 30.48' R=100.00' /' N } I rv/ 17 L =47.9 - P.O. ' h488'S.3 _ 942 96' 34 15 4l \„ 109'48'2 5= 24'13'03 R =45.16 R= 40.00' L= 86.55' CENTERLNE OF EX. 25' P.E.E. L= 16.91' TO BE ABANDONED (DOC. 11638439 O.R ) LEGEND P.0.0 POINT OF COMMENCEMENT P.0.B. POINT OF BEGINNING P.G.T. POINT OF TERMINUS P E.E PEDESTRIAN AND EQUESTRiAiN TRAIL EA.SEME N T 1 ate► i r KCAL i"=200' _ PLAT TO ACCOMPANY ♦ Giuliani Kull, IIIC. DATE: 11 _„__ 09 LEGAL DESCRIPTION Engineers s Planners. Surveyors -, ' RA AiN E T. CENTERLINE OF 25' P.E.E. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CH ED: M H TO BE DEDICATED (408) 615 -4000 Fax (408) 615 -4004 JC8 No _ 09185 _ Auburn • San Jose Oakdale HEE. TS: ; OF 1 TO THE CITY OF SARATOGA R A ?00` 3I3S. .,t�91R5P_A 10 i'f13 ! 3 ?tit Par EXHIBIT B to RESOLUTION ' e, 9, Legal Description of the centerline of a 25 foot wide t5 3 Pedestrian and Equestrian Access Easement (P.E.E.) ' t< 12A/ over the Lands of Saratoga Country Club City of Saratoga, California CA V \ r j . ' . -75"20 OF All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of that certain 51.026 acre parcel of land, as shown on that certain Record of Survey, which was filed for record on March 13, 1959, in Book 103 of Maps, at Page 46, Santa Clara County Records, this legal description being the centerline of a 25 foot wide easement, lying equally on both sides of the following described line, and being more particularly described as follows: Beginning at a point on the easterly boundary of said 51.026 acre parcel of land, said point being North 00 °51'05" West, 34.83 feet, from the southeasterly corner of said parcel of land, Thence, leaving said easterly boundary line, South 81 °54'12" West, 16.30 feet; Thence, North 73 °58'43" West, 75.88 feet; Thence, North 60 °17'53" West, 61.50 feet; Thence, North 71 °04'42" West, 35.20 feet; Thence, North 52 °11'24" West, 67.26 feet; Thence, North 70 °51'30" West, 46.08 feet; Thence, North 76 °58'20" West, 45.12 feet; Thence, North 59 °21'58" West, 48.90 feet, to the beginning of a tangent curve to the left, having a radius of 32.18 feet; Thence, westerly along said curve, through a central angle of 39 °13'06 ", an arc distance of 22.03 feet; Thence, South 81 °24'56" West, 30.81 feet; Thence, South 69 °36'28" West, 55.63 feet; Thence, South 82 °11'18" West, 30.36 feet; Thence, North 89 °23'54" West, 71.30 feet, to the beginning of a tangent curve to the left, having a radius of 31.00 feet; Thence, southwesterly along said curve, through a central angle of 60 °40'13 ", an arc distance of 32.83 feet; Page 1 of 2 Pages Page 2 of 2 Pages 25' P.E.E. - Saratoga Country Club Thence, South 29 °55'53" West, 74.59 feet, to the beginning of a tangent curve to the left, having a radius of 100.00 feet; Thence, southerly along said curve, through a central angle of 27 °26'31 ", an arc distance of 47.90 feet, to the beginning of a reverse curve to the right, having a radius of 45.16 feet; Thence, southwesterly along said curve, through a central angle of 109 °4825 ", an arc distance of 86.55 feet, to the beginning of a reverse curve to the left, having a radius of 60.00 feet; Thence, westerly along said curve, through a central angle of 29 °06'28 ", an arc distance of 30.48 feet; Thence, South 83 °11'19" West, 20.12 feet, to the beginning of a tangent curve to the right, having a radius of 40.00 feet; Thence westerly along said (v thr a centr angle of 24 °13' ", an arc distance of 16.91 feet; Thence, North 72 °35'38" West, 25.23 feet; Thence, North 52 °41'59" West, 52.00 feet; Thence, North 00 °21'34" West, 93.04 feet, to the beginning of a tangent curve to the left, having a radius of 45.00 feet; Thence, northwesterly along said curve, through a central angle of 72 °37'53 ", an arc distance of 57.04 feet; Thence, North 72 °59'27" West, 75.88 feet; Thence, North 61 °24'57" West, 5.65 feet, to a point on the westerly boundary of said 51.026 acre parcel of land, said point being North 00 °21'50" West, 219.27 feet, from the southwesterly corner of said 51.026 acre parcel of land, and said point being the Point of Terminus of the centerline of the 25 foot wide easement. End of Description i EXHIBIT C to RESOLUTION " • M In N LINE TABLE LA • N LINE LENGTH BEARING ("--4, � A. 140, ,5--- lin *A a 1 16.30' 581'54'12 "W 2 75.88' N73'58'43 "W °', o . CV 3 61.50' N6017'53 "W • 4 35.20' N 71'04.42 "W * 078 gyN, NO. 1 1. L7 4, • 5 67.26' N52'11'24 "W lo I I' . 6 46.08' N70'51 "W ` - 7 45.12' N76'S8'20 "I W � O CAL� `� 8 48.90' N59'21'S8 "W o o 9 30.81 S81'24'56 "W �� / 9't; SCALE: 1"=200' 10 55.63' S69'36'28 "W • 11 30.36' S82'11'18 "W 12 71.30' N89'23'54 "W 13 74.59' S29'55'53 "W 14 20.12' S8311'19 "W 15 25.23' N72'35'38 "W 16 52.00' N52'41'59 "W in •o 17 93.04' N00'21'34 "W • 18 75.88' N72'59'27 "W 0 o. 19 5.65' I N61 '24'57"W o z 1 1 • , . ,,:,,,, .:.,, 1 1 CENTERLINE OF 25' P.E.E. • A= 60'40'13" A= 3913'06" R =31.00' R= 32.18' 19 L= 32.83' /L= 22.03' 0 A= 72'37'53" % 7 t ` R=45.00' 6 L =57.04' 13 e �'J � 5 . • 1 7 A= 29 �= 27'26'31" 3 R= so.ao' 1 N .48 R= 100.00' 1 ( � ` 1.=47.90 ° __�_ P.O.B. - , • ..i - A - -- ...014 N88'53 25 E 942.96 34.83' 5 A =109'48'25" A =24'13'03" - R= 45.16' R= 40.00` L=86.55' CENTERLINE OF EX. 25' P.E.E. L=16 91' TO BE ABANDONED (DOC. 11638439 0.R.) LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING P.O,T, POINT OF TERMINUS P.E.E. PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT r 4, scAL E: 1" =200' PLAT TO ACCOMPANY . Giuliani & Kull,Inc. DATE:_ 11 -11_09 LEGAL DESCRIPTION Engineers I :Planners_. Surveyors DRAWN: _ E. T. CENTERLINE OF 25' P.E.E. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: G1_H. _____ TO BE DEDICATED (408) 615 -4000 Fax (408) 615 -4004 Joe EN0.: 09185, Auburn • San Jose • Oakdale FIEETS: 1 OF TO THE CITY OF SARATOGA ■ X 200 , 1 85 ciao, ' -0319 F'_=' 3 A i0 2fJ _ _ ,1 32 PM EXHIBIT D to RESOLUTION • �' Legal Description of the Abandonment of the 25 foot wide Pedestrian and Equestrian Access Easement (P.E.E.) over the Lands of Saratoga Country Count Club `' t- f /h City of Saratoga, California , All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being all of that certain Pedestrian and Equestrian Easement which was recorded on November 12, 1992, as Document No. 11638439, (Book M483, Page 1742), in Santa Clara County Official Records. End of Description. EXHIBIT E to RESOLUTION • 0 1, AN1) s N • N0. L7078 • * EXP. 12 -31 -10 '* s� T 9i, 4' OF CALki " N SCALE: 1 200' , N w in O O O • I 3 in . o ;n • 0 0 z • 1 EXISTING 25' P.E.E. TO BE ABANDONED (DOC. 11 638439 O.R.) f • • N88'53 942.96' • r'. Giuliani KllII,Inc SCALE: 1" =200 PLAT TO ACCOMPANY ' � 11 -1. -09 LEGAL DESCRIPTION Engineers 0 Planners* Surveyors DRAWN. E.T. EXISTING 25' P.E.E. 4880 Stevens Creek Blvd, Suite 205 San Jose, CA. 95129 CHECKED: A.H. (408) 615 -4000 Fax (408) 615 -4004 JOB NO.: 09185 TO BE ABANDONED BY Auburn • San Jose • Oakdale SHEETS: 1 Or 1 THE CITY OF SARATOGA '2009 \09185`. "8 PLa'3. iG /112109 4. 24.38 PM PDT