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Home My WebLink About13-078 Resolution Accepting Grant Deed APN 503-24-048 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: Ciry Clerk City of Saratoga 1�777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 13-078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING GRANT DEED APN 503-24-049 WHEREAS, the City General Plan shows firture proposed public pedestrian trail along Saratoga Creek behind Big Basin Way located partially on private properties; and WHEREAS, Mr. George M. Payne, the Owner of APN 503-24-049, one of the properties with the future proposed public pedestrian trail, agrees to deed tlus propei-ty to the City of Saratoga; and WHEREAS, the Grant Deed of the property located at Big Basin Way, APN 503- 24-049 was prepared in acceptable form and content; and WHEREAS, the City Council has determined that the acceptance of the Grant Deed would be in the public interest. NOW, THEREFORE; BE IT RESOLVED that t11e CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Accepts that certain Grant Deed executed by George M. Payne on the 12`�' day of November 2013 as described hereinabove and attached hereto; and 2. Ailthorizes and directs City Clerk to record the Grant Deed and this Resolution Accepting Grant Deed. Passed and adopted on the 4th day of December 2013 by the CITY COLTNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Mayor Emily Lo, Vice Mayar Howard Miller, Council Member Manny Cappello, Chuck Page, Jill Hunter NOES: None ABSENT: None ABSTAIN: None ... / Emily Lo, Mayor ATTEST: �it/�-(�,� ��'}�� DATE: I2�c1 ' 2�l 3 Cry�t,� Bothelio, City Clerk � PROPERTY MAP Location: Big Basin Way (creekside property behind Parking District No. 3) APN: 503-24-049 Owner: George M. Payne Meeting Date: December 4, 2013 r Z Z � � � Sarato � �:`� 9a C •'.� k • �� 0 � �� •� F-- \ ......:. a I P�� • � Q ` C I at,k ��• (n � . ; i ;Parking District � 'City of Saratoga � Pa n e �� % � Y ,� ~� �� . f �� ' 7 �� ♦ �� Proposed Future ��o �nfe�d Village Creek Trail ` ;� � ��• �� , ' �� '. .� �� 0 Wildwood Park ;�a�a;i � �os��.��r G�ti��' O � ,.�� f'� =_� . ��-- �' � �� N `� W E V 1 \ S F�� i RECORDING REQUESTED BY: � City of SazaEoga ' W�IEN RECORDED MAIL TO: _ City Cterk , City of Saratoga � 13777 Fruitvale Avenue Saratoga,CA 95070 GRANT DEED The undersigned George M.Payne, as Trustee of the Georga M. Payne Family Trust Dated , November 28, 1995 ("Owner"),warrants and represents that the said Trust is the sole owner in fee simple of property in the City of Sazatoga,the County of Santa Clara,in the State af California and more particularly described in the Legat Description attached hereto as Exhibit "A"(the"Property"), Santa Clara County Assessor's Parcel Number 503-24-049. ' •Owner hereby grants to the City of Saratoga("Cit�')the Property as described in attached E�ibit"A"Legal Dascription and shown on the attached Eachibit"B"Plat to Accompany Lega1 Description. The undersigned Oxmer hereby acknowledges receipt of valuable and adequate� consideration for tlus Grant Deed of the Property to the City. The terms"Owner"and"City," wherever used herein, and any pronouns used in place thereof, shall include,respectively,the Owner,the successors,transferees, and assigns of the above-named Owner and City. ADDITIONAL WARRANTIES. Owner fiuther warrants to Ciry that: A. The Property is, as of tha date this Crrant Deed is recorded, free and clear of all liens. B. No one has the legally enforceable right(for example,under a lease, easement or � right-of-way agreement)in eacistence as of the date this Grant Deed is recorded to prevenE the use of the Property for City purposes and that Qwner shall keep it so until the Grant Deed is accepted by City and recorded. C. To the best of Owner's knowledge, the Properiy is not contaminated with materials idenflfied as hazardous or toacic under applicable law and no such materials have been stored or generated witlun the Properiy. Grant Deed 1 CONTROLLING LAW. This Grant Deed is made in the State of CaIifornia and shall be construed and interpreted in accordance with the laws of said sfate. ACCEPTANCE. The undersigned Owner understands that the within Grant Deed can only be accepted by resolution of the City Councii of the City of SaraEoga and recordation of this instrument without such resolution of acceptance being recorded concurrently shall not and cannot consdtute acceptance of the Grant Deed. iN WITNESS WHSREOF, Owner has duly execufed this Crrant Deed as of the day and year sYated below and the signatory below represents that he/she has been duly authorized to execute this document on behalf of Owner. OWNER: Georg ayne Family TrusE Dated November 28, 1995 i��i�y� � /date signed ��Z/�� G rge M. Payne, stee of the George M.Pa e N'�auiily Trust Dated November 28, 1995 ' (AU signatures must be acknowledged bafore a Notary Public — attach either corporate, individual or partuership notary form.) GrantDeed 2 i � � AGKNOWLEDGMENT ......................................................................... State of California ' County of Santa Clara} ss. On /JUV �`L- �-b/'3 before me, Rinkoo R. Nat, Nofary Public, personally appeared �iiG4Y�e- M A GP/)fPP_ �a�/M i° ! who prove to me on the basis of satisfactory evidence to be the person(s) whose � me(s) s/ re subscribed to the wi in fnstrument and acknowledged to me that he/they executed the same in his/ er/their authorized capaciiy(ies), and fhat by is edtheir signatures(s} on fhe ins rument the person{s}, or fhe entity upon behalf of �ch the person(s)acfed, executed the instrument. I certify under PENALTY OF PERJURY under the laws o(the State of California that the foregoing paragraph is true and correct. 4�4!�!�,+�+�+�l+� ., ' � . ' t � WITNESS my hand and official seal. N, . BINKQOA.Nxr � � NbTA1�Y P LfC•�CA4YPQANIA � � Bm itaN�t-g .at�s � " BAqii' QYAff��llfl�lll' 3 - � . . . ` .My t�1rtf:L9�9,FaBkNtill�!15�`II017 Y t i c.� Signatu i {seary I •��u��i�u e��u��e��a��i OPTIONAL fAlFORMATION Date of Document Thumbprint of Signer Type or Tifle of Document Number of Pages in Document Document in a Fareign Language Type of Satisfactory Evidence: Personaily Known with Paper ldenfification Paper ldentification _Credible W itness(es) ❑ checic nere iP Capacity of Signer: no thumbprint Trustee orfingerprini . Power of Attorney Is avanable. CEO/CFO/COO President/Vice-President/Secretary 1 Treasurer Other: Other Information: ��200II Allsiate Notary Preparailon,hir..-i800}689-8456-v�r.ailstatenctaiy.coin � Exhibit "A" � • .�e Legal Description of a portion of the �� Lands of Payne (APN 153-24-049) � E� 1�/j/�� / P .F�t fA"tO��C� � All that certain real property in the City of Saratoga, County of San a lara, tate of California, described as follows: Commencing at the most easterly corner of that certain Parcel "B", as shown upon that certain Parcel Map which was filed for record in Book 457 of Maps, at Page 3, in Santa Clara County Records, thence along the northeasterly boundary of said Parcel "B" and Parcel "A", as shown upon said Parcel Map, North 47°00'50" West, 201.22 feet, to the Point of Beginning, said point also being the most westerly corner of that land described in that certain Easement Deed to the City of Saratoga, dated December 9, 1988, which was recorded in Book K781, at Page 2030, of Official Records of Santa Clara County; Thence, along the northwesterly boundary of said lands of Saratoga,the following courses and distances: North 40°59'15" East, 6.52 feet; North 47°57'40" East, 30.00 feet; North 21°26'35" East, 46.00 feet; North 13°18'47" West, 8.95 feet, to a point on the southwesterly line of that certain parcel of land described in that certain grant deed from Robert L. Hoog, et us, to Mario Fantino; dated June 27, 1938, in Book 882, at Page 383, of Santa Clara County Official Records; Thence, along said southwesterly line, North 59°28'50" West, 94.53 feet, to the most westerly corner of said lands of Fantino; Thence, South 32°59'10" West, 64.73 feet,to a point on the northeasterly boundary of said Parcel "A", said point being 2.40 feet from the most northerly corner of said Parcel "A"; � Thence, along the northeasterly boundary of said Parcel"A", South 47°00'50" East, 103.02 feet, to the Point of Beginning. Containing an area of 0.18 acres, more or less. This legal description is based upon record information, the Basis of Bearings of which is: The bearing of North 47°00'50" West, being the southwesterly line of the lands of Saratoga, as described in that certain Easement Deed to the City of Saratoga, dated December 9, 1988, which was recorded in Book K781 , at Page 2030, of Official Records of Santa Clara County, was used as the Basis of Bearings for this legal description. End of Description. Sheet 1 of 2 Sheets S47'00'S0"E 2.40' — — N32'S9'10"E 64.73' � � f ' 'o o � SCALE: i"'=30" � w APN 503-24-049 � AREA=0. 18± AC �N �� LANDS OF PAYNE '� PARCEL A � JN13'18'47"W N40'59']5'"E 8.95" 6.52� POINT OF 35"E ,�.�j BEGINNMG -�� 3poo4� E NZ��6.� I � ' � � � � I � g PARKING LOT � � I � a CITY OF SARATOGA � N , ^ (K 781 OR 2030) ��o �m � N J � ' N ,o° _ _ = S34'S6"32"W 63.46' � S30'07�38°w 39��0� � LANp s cp $��'4,� A.RE��G.At PARCEL 8 �N � � °� �'.� t o •-] '.� * �N0.127318 t4 '�' f'O/NT pF �, Q, COMME�NT _' / �qTB o4,� ,/y/� OF CAL1� �- - !�` `�/�� BIC gqSIN wAY � r ` G1ll118II1 & gull Inc. sca�E: i"=3o' PLAT TO ACCOMPANY '' � , �ArE s/z/i3 LEGAL DESCRIPTION •L��•��---�=�:�:,�-Y�• '••'':""- DRAWN. E.T. LANDS OF PAYNE 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M H APN 503-24-049 (408) 615-4000 Fax (408) 615-4004 JOB NO.. Aubum � San Jose • Oakdale SHEETS: 2 �F Z SARATOQA, CALIFORNIA -�\2013\truil\dwg\TRAIL-PLAT2.d•xg 5/220L3 8�30�50 AM POT CERTIFICATE OF ACCEPTANCE (Pursuant to Cal. Gov't Code § 27281) This is to certify that the interest in real property conveyed by the GRANT DEED dated November 12, 2013 (attached hereto as E�ibit A) from GEORGE M. PAYNE to the CITY OF SARATOGA, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Saratoga,pursuant to authority conferred by Resolution No. of the City Council, adopted on December 4, 2013, and grantee consents to recordation thereof. Dated: By , Dave Anderson, City Manager CITY OF SARATOGA Encl. E�ibit A—[GRANT DEED]