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HomeMy WebLinkAboutCity Council Resolution 15-025 - Accepting Offer to Dedicate Pedestrian Trail Easement for Mr and Mrs Rosenfeld and Authorize City Manager to Sign Certificate of AcceptanceRECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 15-025 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE PEDESTRIAN TRAIL EASEMENT APN 503-24-081 WHEREAS, the City of Saratoga ("City") General Plan shows a future proposed public pedestrian trail along Saratoga Creek behind Big Basin Way located partially on private properties; and WHEREAS, Mr. James Rosenfeld and Mrs. Arlene Rosenfeld ("Owners") own APN 503-24-081, one of the properties on which the future proposed public pedestrian trail is planned to be located, have agreed to dedicate a pedestrian trail easement on this property to the City of Saratoga; and WHEREAS, the Offer to Dedicate Pedestrian Trail Easement ("Offer") by Owners to City of the property located at Big Basin Way, and known as Santa Clara County APN 503-24-081 has been prepared and executed in acceptable form and content; and WHEREAS, the City Council has determined that the acceptance of the Offer would be in the public interest. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Accepts that certain Offer to Dedicate Pedestrian Trail Easement executed by James Rosenfeld and Arlene Rosenfeld on the 30th day of June 2014 as described hereinabove and attached hereto; and 2. Authorizes and directs the City Manager to execute the attached Certificate of Acceptance and the City Clerk to record the Offer to Dedicate Pedestrian Trail Easement and this Resolution Accepting the Offer. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of May 2015 by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member Emily Lo, Mary -Lynne Bernald, Rishi Kumar NOES: ABSENT: ABSTAIN: TEST: eetrila- Cry Bothelio, City Clerk L. Howard A. Miller, Mayor DATE: (1(-7/0 1c 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 TRAIL EASEMENT 1. BACKGROUND A. Property The undersigned Owners warrant and represents that they are the sole owners in simple of the property known as property behind 14471 Big Basin Way in the City of Saratoga, the County of Santa Clara, in the State of California and more particularly described in the legal description attached hereto as Exhibit "A" (the "Property), Santa Clara County Assessor's Parcel Number 503-24-081. B. Easement Area The portion of the Property that is subject to this Offer to Dedicate ("Offer") is described in attached Exhibit "B", 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 for the following purposes: (1) construction (including any grading and/or stabilizing) and use of a non-exclusive, public pedestrian trail upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; (2) maintenance, repair and replacement of any and all trails or other authorized or related improvements constructed in the Easement Area; (3) mitigation of any potential environmental impacts from such construction, maintenance, repair, replacement or use of said trail; and (4) the right of entry described below. Village Creek Trail Easement Offer to Dedicate D. Consideration The undersigned Owners hereby acknowledge receipt of valuable and adequate consideration for this Offer to grant a trail easement to the City of Saratoga. 2. OFFER TO DEDICATE. Owners, for themselves, and each of them, and their 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 described in section 3, below. 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, both Owners, the successors, transferees, and assigns of the above-named Owners 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 trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; B. An easement for the construction (including any grading and stabilizing), use, maintenance, repair and replacement of any and all trails or other authorized or related improvements constructed in the Easement Area; C. An easement for mitigation of any potential environmental impacts from construction, maintenance, repair replacement or use of said trail and D. 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 §83 1.4, and will be used for "recreational purposes" within the meaning of California Civil Code §846. Trail Easement Offer to Dedicate 2 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 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: Trail Easement Offer to Dedicate 3 Owner: James and Arlene Rosenfeld 14471 Big Basin Way 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 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/she has been duly authorized to execute this document. James Rosenfeld Arlene Rosenfeld ate e-3 a -aZOi L.( /date 6-30"Qly (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 VIA day of it4ne--- 2014, before me, a Notary Public, personally appeared 3avile5 cui.i 16i6 vextvv,kci , 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. ABIGAIL AYENDE Commission # 1968928 Notary Public - California Santa Clara County My Comm.:Expires Feb 6.2016 Village Creek Trail Easement Offer to Dedicate F Notary ublic Exhibit "A" Legal Description of a portion of the Lands of Rosenfeld APN 153-24-081 for a Trail Easement to Benefit the City of Saratoga, California All that certain real property in the City of Saratoga, County of San California, described as follows: a Clara, State of Beginning at the most westerly corner of that certain Parcel "A", 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 northwesterly boundary of said Parcel "A", North 15°26'30" East, 106.74 feet, to an angle point in said northwesterly boundary of said Parcel "A"; Thence, continuing along said northwesterly boundary, North 50°57'30" East, 55.91 feet, to the most northerly corner of said Parcel "A"; Thence, along the northeasterly boundary of said Parcel "A", South 47°00'00" East, 105.42 feet, to the most northerly corner of that parcel of land shown upon that certain Final Order of Condemnation, by the Superior Court of California, as described in that document which was recorded on April 1091, 1990, in Book L316, of Official Records, at Page 799 of Santa Clara County Official Records; Thence, along the northwesterly boundary of said condemned land, the following courses and distances: South 40°59'15" West, 21.00 feet; South 29°15'46" West, 58.48 feet, (formerly shown as South 29°14'00" West, 58.50 feet); South 47°00'50" East, 21.00 feet; South 42°20'40" West, 72.22 feet, to a point on the southwesterly boundary of said Parcel "A"; Thence, along said southwesterly boundary of said Parcel "A", North 47°00'00" West, 100.23 feet, to the Point of Beginning. Containing an area of 0.40 acres, more or less. Basis of Bearings: The bearing of North 15°26'30" East being the northwesterly line of said Parcel "A", 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, was used as the Basis of Bearings for this legal description. End of Description. Sheet 1 of 2 Sheets POINT OF BEGINNING SCALE: 1"=40' -r 1 1 N 0 0 N50'57'301- 5597 06/ LANDS OF ROSENFELD APN 503-24-087 AREA = 0.4 0 0 ACRES (-0 ,�W 58.48 1 w , 9.15' 4� ,,'�J`�(r 5g, 50 o� [S291 `O �- N47 00 50 W N S42.20'40"W 72.22' 21.00' Nd70 o0 0 P0 PARKING LOT -h CITY OF SARA TOGA I P IN (L 316 0. R. 79 9) N t) 'o I� d- APN 503-24 076 0 111 1.50' 05070'S43 `00'00 "W 100.00' N40'59'15 "E oo 21.00' N N c0 LEGEND ( ] RECORD DATA IN CONFLICT WITH CALCULATED DATA APN 503-24-067 50.00' Iw 0 do ti _P r w 0 I0 0 ip . cry S43 `00'00"W 100.00' BIG BASIN WAY Giuliani & Kull Inc. Engineers • Planners • Surveyors 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 (408) 615-4000 Fax (408) 615-4004 Auburn • San Jose • Oakdale SCALE: 1"=40' PLAT TO ACCOMPANY DATE: 2/12/13 LEGAL DESCRIPTION DRAWN: E.T. CHECKED: M.H. JOB NO.: 09153 SHEETS: 2 OF 2 LANDS OF ROSENFELD APN 503-24-081 SARATOGA, CALIFORNIA P:\2013\trail\dwg\trail—plat,dwg 2/12/2013 9,51,47 AM PST Exhibit "B" Easement Area Twenty feet wide strip of land across the property described in Exhibit "A" generally located parallel to Saratoga Creek. Exact Easement Area location will be determined after the trail is constructed.