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Home My WebLink AboutCity Council Resolution 15-067 --Dedicate property for street purposes.S RECORDING REQUESTED BY City of Saratoga WHEN RECORDED MAIL TO City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Fees Taxes Copies AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 7 5 00 5 00 RDE # 003 11/16/2015 2 02 PM Record without fee pursuant to Government Code Section 6103 RESOLUTION NO. 15-067 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES TO THE CITY OF SARATOGA APN 410-36-009 WHEREAS, Mr Eddy Widjaja and Mrs Ko Wang ("Owners") applied for a Lot Line Adjustment and during the Lot Line Adjustment Application Review process it was discovered that no right-of-way had been dedicated for the section of Quito Road along the 15470 Quito Road property frontage; and WHEREAS, the City of Saratoga approved a Lot Line Adjustment Application (Lot Merger) No LOTMER 14-0001 on May 20, 2014; and WHEREAS, Owners agreed to dedicate an easement and nght of way for a public city street (including all trees or other growth presently growing or as may grow in the future within said right of way) upon, under, over, and across that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, along the frontage of the property located at 15470 Quito Road (APN410-36-009), more fully described in Exhibit A to this Resolution, and WHEREAS, an "Offer to Dedicate Property for Street Purposes" ("Offer") by Owners to City of the property located at 15470 Quito Road, and known as Santa Clara County APN 410-36-009 has been prepared, and executed in acceptable form and content and was signed by Owners and notarized on the 7th day of August, 2015, which Offer is fully set forth in Exhibit A attached hereto, and WHEREAS, the City Council has determined that the acceptance of the Offer would be in the public interest and desires to accept said Offer and authorize the recordation of the "Offer to Dedicate Property for Street Purposes" for the property for a public city street referenced above and located in the City of Saratoga, which Offer is fully set forth as Exhibit A attached hereto NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby. 1 Accepts the "Offer to Dedicate Property for Street Purposes" executed by Eddy Widjaja and Ko Wang ("Owners") whose signatures were duly notarized on the 7'h day of August, 2015, which Offer is 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 both (1) the "Offer to Dedicate Property for Street Purposes" for the property referenced above and located in the City of Saratoga, which Offer is fully set forth as Exhibit A attached hereto, and (2) this Resolution Accepting the Offer. Passed and adopted on the 4th day of November, 2015 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof. AYES. Mayor Miller, Vice Mayor Cappello, Council Members Lo, Bernald, Kumar NOES None ABSENT- None ABSTAIN. None Attest. ebbie 1/ Howard A Miller, Mayor City of Saratoga retschneider, Acting City Clerk CERTIFICATE OF ACCEPTANCE (Pursuant to Cal Gov't Code § 27281) This is to certify that the interest in real property conveyed by the OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES dated August 7, 2015 (attached hereto as Exhibit A) from EDDY WIDJAJA and KO WANG 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 15-067 of the City Council, adopted on November 4, 2015, and grantee consents to recordation thereof by its duly authorized officer . ,\ct..L Dated ibit A — [OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES] jai.% rystai--Botheiio i_ity Clerk (-De r e 6v e is di 14-4 c:4•1 RECORDING REQUESTED BY. City of Saratoga WHEN RECORDED MAIL TO. City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Exhibit A OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES For valuable consideration, receipt of which is hereby acknowledged, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a Municipal Corporation, an easement and nght of way for a public city street (including all trees or other growth presently growing or as may grow in the future within said nght of way) upon, under, over, and across that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, along the frontage of the property located at 15470 Quito Road (APN 410-36-009), more particularly described in Exhibit "A" attached hereto The undersigned understand and agree that the within offer can only be accepted by resolution of the City Council of the City of Saratoga pursuant to Streets and Highways Code Section 1806 of the State of California, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate This offer shall be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns The plural as used herein shall include the singular, and the singular shall include the plural. tit Executed this 7 day of Al 4fi t , 20 I Sr - By etAety Lo \A) cvv\ (All signatures must be acknowledged before a Notary Public — attach either corporate, individual or partnership notary form.) 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document State of California County of On CJ irk/7/7C/ before me, /7{/0�f,z7-?-1-1/(7 (insert ame an t e of the officer)/ personally appeared �(:C khd who proved to me on the basis f satisfactry gvidence to be the person(s) whose ame(s) Tare subscribed to the within Instrument and acknowledged to me that/ /e/they executed the same in p�/their authorized capacity(les), and that by h/hef/their sig ature(s) on the instrument the berS'on(s), or the entity upon behalf of which the p'erson(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 Signature r y bi,d�k' (Seal) STACEY WOLFE Commission # 2021357 z =s .. Notary Public - California z z �T. Santa Clara County My Comm Expires Apr 21 2017 t EXHIBIT A LEGAL DESCRIPTION 20' RIGHT-OF-WAY DEDICATION 15470 QUITO ROAD SARATOGA, CALIFORNIA THE LAND REFERRED TO IS SITUATED IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST NORTHERLY CORNER OF THAT PARCEL DESCRIBED IN THE GRANT DEED FROM EDDY WIDJAJA AND KO WANG TO EDDY WIDJAJA AND KO WANG, RECORDED ON AUGUST 7, 2014 AS DOCUMENT NO 22673111, SANTA CLARA COUNTY OFFICIAL RECORDS, SAID POINT BEING ON THE CENTERLINE OF QUITO ROAD, THENCE FROM SAID POINT OF BEGINNING, ALONG THE CENTERLINE OF QUITO ROAD THE FOLLOWING COURSES AND DISTANCES, SOUTH 21°24'00"WEST 49 76 FEET AND SOUTH 27°00'00"WEST 155.83 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 294.43 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°35'22" AN ARC DISTANCE OF 39.00 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL, THENCE LEAVING SAID CENTERLINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 74°36'00"EAST 20.05 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, CONCAVE EASTERLY, WITH A RADIAL BEARING OF NORTH 70°17'48" WEST AND A RADIUS OF 274.43 FEET, THENCE ALONG SAID CURVE TO 1 HE RIGHT, THROUGH A CENTRAL ANGLE OF 7°17'48" AN ARC DISTANCE OF 34.95 FEET, THENCE ALONG LINES THAT ARE 20 FEET EASTERLY OF, AND PARALLEL WITH, THE CENTERLINE OF SAID QUITO ROAD NORTH 27°00'00"EAST 156.80 FEET AND NORTH 21°24'00"EAST 52.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LANDS OF WIDJAJA AND WANG; THENCE ALONG SAID NORTHERLY LINE NORTH 74°36'00"WEST 20.11 FEET TO THE POINT OF BEGINNING CONTAINING 0 11 ACRES, MORE OR LESS. END OF DESCRIPTION Page 1 of 2 0 0 N P O.B STRAUB APN 410-36-010 N74'36'00"W 20.11' 248.29' 0) 0 -H � z Cr Q 0 0 W 0 40 0 0 cv Nt- r?fi 20.05' 0 -J 0_ WIDJAJA AND WANG DOC. NO. 22673111 APN: 410-36-009 S74'36'00"E -H lo N (0 N70•17. W8 R 178.14' HAGHSHENAS APN 410-36-008 GRAPHIC SCALE 0 20 40 W 0 0 CV N Z w 0 0 CV N Z �o O or o5 80 160 (IN FEET) 1 inch = 40 ft. P.0 B. — POINT OF BEGINNING CENTERLINE OF ROAD 15470 QUITO ROAD - APN: 410-36-009 EXHIBIT A - PLAT OF LEGAL DESCRIPTION PAGE 2 OF 2