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HomeMy WebLinkAboutCity Council Resolution 16-071 -RECORDED-vacating a portion of emergency access easementRECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 23583608 Regina Alcomendras Santa Clara County - Clerk -Recorder 02/15/2017 03:40 PM Titles: 1 Pages: 14 Fees: 10.00 Taxes: 0 Total: 0.00 •ill 11I!jIIY MI h'ilF'.11111,111071,J1«'1:lo'l'l 1‘,1 Y14,11 II RESOLUTION NO. 16-071 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A PORTION OF EMERGENCY ACCESS EASEMENT WHEREAS, on February 8, 2007, the City of Saratoga (hereinafter referred to as "City") accepted Grant of Emergency Access Easement from Montalvo Arts Center (hereinafter referred to as "Montalvo") recorded by Santa Clara County Recorder as Document No. 19316949 on the property generally known as 15400 Montalvo Road, APN 517-15-012; and WHEREAS, Montalvo requested to relocate a portion of the referenced existing Emergency Access Easement and executed a new Grant of Emergency Access Easement attached here as Exhibit A; and WHEREAS, the City agreed to relocate referenced Emergency Access Easement by accepting the new Grant of Emergency Access Easement and vacating a portion of the existing Emergency Access Easement no longer needed; and WHEREAS, all necessary documents for the recordation of the vacated portion of the Emergency Access Easement were prepared in acceptable form and content including legal description vacating a portion of the existing Emergency Access Easement attached hereto as Exhibit B; and WHEREAS, the City Council finds that with the relocation of a portion of the referenced existing Emergency Access Easement, vacation of the portion of the Emergency Access Easement is unnecessary for present or prospective public use and vacates the portion of the Emergency Access Easement pursuant to Streets and Highways Code section 8335. WHEREAS, a public service easement may be summarily vacated pusuant to Streets and Highways Code section 8333 if the easement has been superseded by relocation as it is here; and NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: 1. The preexisting Emergency Access Easement on property identified as 15400 Montalvo Road (APN 517-15-012) as described on the attached Exhibit B is hereby vacated and from and after the date that this Resolution is recorded in the office of the Santa Clara County Recorder, said easement shall no longer constitute an easement on said property; and 2. No other easements identified, described and delineated on the property identified as 15400 Montalvo Road (APN 517-15-012) are abandoned or vacated by the City by virtue of this Resolution. 3. The City Clerk is hereby authorized and directed to record this Resolution vacating a portion of the Preexisting Emergency Access Easement. Passed and adopted on the December 21, 2016 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Member E. Manny Cappello, Howard A. Miller NOES: ABSENT: Council Member Rishi Kumar ABSTAIN: ATTEST: RifYfacrBothelio, City Clerk Emily Lo, Mayor DATE: t?'J">>- / �b a Exhibit A to Resolution No. 16-071 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 GRANT OF EMERGENCY ACCESS EASEMENT For valuable consideration, the undersigned Montalvo Arts Center ("Grantor"), 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 grant to the City of Saratoga ("Grantee") a permanent easement in perpetuity for the purpose of an emergency access roadway designated as "Emergency Access Easement" upon, under, over, and across that certain real property situated in the County of Santa Clara, State of California more particularly described as Exhibit "A" attached hereto and incorporated herein by this reference. ("Land"). The location of the easement granted hereby shall be as shown on Exhibit "B" attached hereto and incorporated herein by this reference. To the extent that there are any inconsistencies between the terms within the prior recorded Emergency Access Easement and the terms of this grant of this Emergency Access Easement, the terms within this easement shall prevail. A. Rights and Privileges. This Easement shall convey the following rights and privileges: 1. Grantee may allow members of the public ingress and egress over, across, upon and through the Easement Area in the event of an emergency. 2. Grantee may allow emergency vehicles and personnel of emergency services agencies including, but not limited to, Saratoga Fire Protection District ingress and egress over, across, upon and through the Easement Area. B. Condition of Easement Area. Grantor shall keep said property open and free from any modifications or improvements or uses that would interfere with the uses contemplated by this Easement, and if Grantor fails to do so, Grantee may do so after 10 days written notice to Grantor at the expense of Grantor. Improvements built by Grantee pursuant to this agreement shall be maintained by Grantee. Improvements built by Grantor shall be maintained by Grantor. C. Improvements. Easement improvements authorized by this grant include, but are not limited to, roadway, retaining walls, bridges, embankments, piers and other appurtenances required to complete an unpaved access road for emergency ingress and egress. Grantee shall install and maintain a locked access gate at the Norton Road access point. Grantee shall install the proprietary lock of the fire department with jurisdiction 1 (e.g., a Medeco padlock) on the gate for fire department access. Grantee shall also install a separate padlock in-line to provide residents emergency egress in the event that fire department personnel are not present to open the gate. Grantee shall provide Grantor a key to this secondary lock and may provide copies of this key to area residents. D. Purpose. Said Easement is to be used only for emergency access purposes as described above. This Easement does not authorize any other uses by Grantee. E. Recordation. Grantee shall promptly record this Easement in the official records of the County of Santa Clara, State of California, and may re-record it at any time as may be required to preserve Grantee's rights under this Easement. F Controlling Law. The interpretation of this Easement shall be governed by the laws of the State of California. G. Successors. The covenants, terms, conditions and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns and shall continue as a servitude running with the Land in perpetuity. The terms "Grantor" and "Grantee," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Grantor and Grantor's successors and assigns, and the above-named Grantee and Grantee's successors and assigns. H. The plural as used herein shall include the singular, and the singular shall include the plural. Executed this day of noV2nber , 20 LCo . By: Vellitut f6on P" -(b 1, kouittvoMsCa • (All signatures must be acknowledged before a Notary Public - attach either corporate, individual or partnership notary form.) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C.v�.. c.:\!.. \C svt-t., •.TC s\C,:V.,� ,1/7. � .,'AVVV. z.,.�, �C.Al/ri • . •VCR ARc . n'C RI •_ !R :\¢, . "a C,evt i • , C_ 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 (..5a, - On '11 (c.- before me, Date personally appeared �.r Here Insert Name and Title of the Of C? • \_`a Name() of Signer) who proved to me on the basis of satisfactory evidence to be the person() whose name() is/are- subscribed to the within instrument and acknowledged to me that j /she/tl}e 7 executed the same in cher/tpeifauthorized capacity), and that by J/her/ r signature(4 on the instrument the person(A, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the for-►,,; g paragraph is true and correct. ANGELA TARIVERDIHA Commission # 2127600 L Notary Public - California z z `r- Santa Clara County 1.. M': Comm. Expires Sep 21, 2019 Place Notary Seal Above WITNESS Signatu OPTIONAL —`. Sig of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): El Partner — LI Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G4 u4C',4v6�✓1"✓. 4`✓.'✓4�aJ4�✓.�-'✓.+'L✓.4 ✓S�✓��•✓.h"✓�4�i .•�4�✓4-ri.1'1.4�'✓4�.1v..✓4-." ,s,.7.1,7C✓X,',4 '. ,ISM,:4. ✓.4`✓•4S✓4W.4\✓4,174 4WAW,e�4W,( 4 ✓i ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A to Grant of Emergency Access Easement LEGAL DESCRIPTION Real property in the unincorporated area of the County of SANTA CLARA, State of CALIFORNIA, described as follows: PARCEL ONE: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, SPECIFICALLY DESCRIBED IN, AND DISTRIBUTED TO THE SAN FRANCISCO ART ASSOCIATION, AS TRUSTEE OF THE MONTALVO TRUST, BY A DECREE OF PARTIAL DISTRIBUTION DULY GIVEN, MADE AND FILED ON AUGUST 6, 1931 IN THE MATTER OF THE ESTATE OF JAMES D. PHELAN, ALIAS, DECEASED, IN A PROCEEDING BEFORE THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, NUMBERED 56401 IN THE FILES OF SAID COURT, A CERTIFIED COPY OF WHICH SAID DECREE OF PARTIAL DISTRIBUTION WAS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 19, 1931 IN BOOK 580 OF OFFICIAL RECORDS, AT PAGE 312 THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF HILL AVENUE, SAID POINT BEING SOUTH 89° 30' WEST, 1045 FEET WESTERLY FROM THE POINT WHERE THE WEST LINE OF THE LOS GATOS AND SARATOGA HIGHWAY EXTENDED WOULD INTERSECT SAID SOUTH LINE OF HILL AVENUE, THIS POINT BEING COMMON TO THE PROPERTY OF PHELAN AND SCOTT AND IS MARKED WITH AN IRON PIPE SUNK IN THE GROUND; THENCE SOUTH 60° 34' WEST, 123.42 FEET; SOUTH 430 51' WEST, 133.10 FEET; SOUTH 00° 22' EAST, 978.60 FEET; NORTH 39° 42' EAST, 267:74 FEET; NORTH -56P OV EAST, 176.22 FEET; NORTH 78° 49' EAST, 143.05 FEET; NORTH 72° 08' EAST, 221.31 FEET; SOUTH 60° 15' EAST, 268.95 FEET; NORTH 88° 19' EAST, 135.13 FEET; NORTH 76° 00' EAST, 150.64 FEET; SOUTH 56° 05' WEST, 143.22 FEET; SOUTH 36° 20' WEST, 236.61 FEET; SOUTH 89° 58' WEST, 121.30 FEET; SOUTH 59° 10' WEST, 40.80 FEET; NORTH 80° 37' WEST, 186.30 FEET; SOUTH 76° 08' WEST, 251.70 FEET; SOUTH 65° 41' WEST, 225.50 FEET; SOUTH 48° 25' EAST, 35.34 FEET; SOUTH 57° 09' WEST 39.00 FEET; SOUTH 19° 07' WEST, 208.89 FEET; SOUTH 24° 02' WEST, 171.77 FEET; SOUTH 30° 19' WEST, 88.60 FEET; SOUTH 20° 13' WEST, 125.40 FEET; SOUTH 68° 33' EAST, 107.58 FEET; SOUTH 00° 46' WEST; 93.06 FEET; SOUTH 23° 17' WEST, 146.68 FEET; SOUTH 33° 08' WEST; 75.40 FEET;.SOUTH 09° 45' WEST, 78.37 FEET; SOUTH 06° 08' EAST, 81.18 FEET; SOUTH 03° 56' WEST, 205.42 FEET; SOUTH 01° 25' WEST, 113.78 FEET; SOUTH 89° 23' EAST, 561.16 FEET; SOUTH, 2640.00 FEET; WEST, 1320.00 FEET; NORTH, 1311.74 FEET; NORTH 89° 25' WEST, 1388.10 FEET; NORTH 10° 00' EAST, 667.92 FEET; NORTH 35° 01' WEST 163.68 FEET; NORTH 34° 32' WEST, 66.67 FEET; NORTH 5° 23' EAST, 150.02 FEET; NORTH 25° 35' WEST, 51.61 FEET; NORTH 4° 30' EAST, 47.26 FEET; NORTH 53° 09' EAST, 152.66 FEET; NORTH 19° 42' EAST, 125.67 FEET; SOUTH 48° 30' EAST, 13.50 FEET; NORTH 8° 05' EAST, 139.90 FEET; NORTH 18° 37' EAST, 178.20 FEET; NORTH 41° 35' EAST, 269.28 FEET; NORTH 29° 30' EAST, 198.00 FEET; NORTH 71° 03' EAST, 15.2 FEET; SOUTH 42° 30' EAST, 511.0 FEET; SOUTH 67° 27'EAST, 109.0 FEET; NORTH 65° 03' EAST, 280.2 FEET; SOUTH 51° 04' EAST, 105.0 FEET; NORTH 38° 56' EAST, 235.0 FEET; NORTH 53° 26' EAST, 152.5 FEET; NORTH 39° 56' EAST, 25.5 FEET; NORTH 53° 36' EAST, 30.0 FEET; NORTH 24° 39' WEST, 267.0 FEET; NORTH 5° 21' EAST, 100.5 FEET, NORTH 34° 21' EAST, 63.1 FEET; NORTH 73° 21' EAST, 104.7 FEET; NORTH 44° 01' EAST, 151.1 FEET; NORTH 17° 21' EAST, 64.1 FEET; NORTH 6° 47' WEST, 167.0 FEET; NORTH 46° 38' EAST, 75.0 FEET; NORTH 82° 18' EAST, 110.0 FEET; NORTH 52° 18' EAST, 40.0 FEET; NORTH 35° 18' EAST, 465.0 FEET; NORTH 00° 22' WEST, 820.0 FEET; NORTH 89° 24' EAST, 261.0 FEET ALONG THE SOUTH LINE OF HILL AVENUE TO POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY WAY OF EXCHANGE BY THE SAN FRANCISCO ART ASSOCIATION TO NOEL SULLIVAN, TOGETHER WITH RIGHTS-OF-WAY, PURSUANT TO COURT AUTHORIZATION IN SAID PROCEEDINGS NO. 56401 BY DEED DATED MAY 24, 1937, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA Page 6 Order No.: 54606-968145-09 COUNTY ON JULY 10, 1937 IN BOOK 826 OF OFFICIAL RECORDS, AT PAGE 460 THEREOF; SAID PORTION BEING LOTS 1 AND 2 AND A PORTION OF LOT 5, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PIEDMONT MAP NO. 1" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, CALIFORNIA, ON MAY 25, 1910 IN BOOK "M" OF MAPS, AT PAGE 99. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO DAVID S. ARATA, JR. AND ALMA R. ARATA, BY JOINT TENANCY DEED RECORDED NOVEMBER 17, 1960 IN BOOK 4985 PAGE 102, OFFICIAL RECORDS, AS APPROVED AND AUTHORIZED BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, BY ORDER DATED OCTOBER 20, 1960, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF HILL AVENUE WITH THE EASTERLY LINE OF THAT CERTAIN 18.54 ACRE TRACT DESCRIBED IN DEED TO DAVID S. ARATA, JR., ET UX, RECORDED IN BOOK 3747, PAGE 205, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG SAID SOUTHERLY LINE OF HILL AVENUE NORTH 89° 24' EAST 56.13 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT, TANGENT TO LAST DESCRIBED COURSE, HAVING A RADIUS OF 30 FEET, A CENTRAL ANGLE OF 146° 37' 20" AN ARC DISTANCE OF 76.77 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 120 FEET, A CENTRAL ANGLE OF 560 24', AN ARC DISTANCE OF 118.12 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 19.25 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM SAID EASTERLY LINE OF SAID 18.54 ACRE TRACT; THENCE ALONG SAID PARALLEL LINE SOUTH 0° 22' 40" EAST 527.78 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO LAST DESCRIBED COURSE, HAVING A RADIUS OF 300 FEET, A CENTRAL ANGLE OF 20° 38' 10", AN ARC DISTANCE OF 108.15 FEET TO A POINT IN SAID EASTERLY LINE OF SAID 18.54 ACRE TRACT; THENCE ALONG SAID EASTERLY LINE OF SAID 18.54 ACRE TRACT NORTH 0° 22' 40" WEST 788.23 FEET TO THE POINT OF BEGINNING. PARCEL TWO: ALL THAT CERTAIN REAL PROPERTY CONVEYED TO THE SAN FRANCISCO ART ASSOCIATION BY NOEL SULLIVAN BY DEED DATED MARCH 18, 1937 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, JULY 10, 1937 IN VOLUME 828 OF OFFICIAL RECORDS, AT PAGE 588 THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT COMMON TO THE PROPERTY OF FREDERIC L. MURPHY ET AL, AND NOEL SULLIVAN LOCATED ON THE WESTERLY SIDE OF THE ROAD LEADING TO THE HOME OF THE SAN FRANCISCO ART ASSOCIATION, THENCE ALONG THE WESTERLY SIDE OF SAID ROAD, S. 50 21' W. 100.5 FEET; THENCE S. 240 39' E. 60.0 FEET TO A POINT OF BEGINNING; THENCE S. 520 40' W. 140.0 FEET; THENCE S. 450 48' W. 224.0 FEET; THENCE S. 64° 23' W. 223.0 FEET; THENCE S. 44° 38' W. 159.3 FEET; THENCE S. 27° 35' W. 84.6 FEET; THENCE ALONG THE UNE COMMON TO THE PROPERTY OF NOEL SULLIVAN AND THE SAN FRANCISCO ART ASSOCIATION THE FOLLOWING COURSES AND DISTANCES: S. 67° 27' E. 65.7 FEET; THENCE N. 65° 03' E. 280.2 FEET; THENCE S. 51° 04' E. 105.0 FEET; THENCE N. 380 56' E. 235.0 FEET; THENCE N. 530 26' E. 152.5 FEET; THENCE N. 390 56' E. 25.5 FEET; THENCE N. 530 36' E. 30.0 FEET; THENCE N. 24° 39' W. 207.0 FEET TO THE POINT OF BEGINNING. PARCEL THREE: ALL THAT CERTAIN REAL PROPERTY CONVEYED TO THE SAN FRANCISCO ART ASSOCIATION BY NOEL SULLIVAN BY DEED DATED MARCH 18, 1937 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA ON JULY 10, 1937 IN VOLUME 828 OF OFFICIAL RECORDS, AT PAGE 587 THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT COMMON TO THE PROPERTY OF FREDERIC L. MURPHY, ET AL, AND Order No.: 54606-968145-09 NOEL SULLIVAN, SAID POINT BEING LOCATED ON THE WESTERLY SIDE OF THE ROAD LEADING TO THE HOME OF THE SAN FRANCISCO ART ASSOCIATION; THENCE ALONG THE LINE COMMON TO THE PROPERTY OF MURPHY AND SULLIVAN S. 890 33' W. 93.7 FEET; THENCE N. 640 30' W. 410.28 FEET; THENCE LEAVING THE COMMON LINE S. 550 46' W. 530.0 FEET; THENCE S. 73° 00' W. 163.68 FEET; THENCE S. 21° 15' E. 112.20 FEET; THENCE N. 710 03' E. 15.20 FEET; THENCE ALONG THE LINE COMMON TO THE PROPERTY OF SULLIVAN AND THE SAN FRANCISCO ART ASSOCIATION S. 420 30' E. 511.0 FEET; THENCE S. 670 27' E. 43.3 FEET; THENCE LEAVING THE LINE COMMON TO SULLIVAN AND THE SAN FRANCISCO ART ASSOCIATION N. 270 35' E. 84.6 FEET; THENCE N. 44° 38' E. 159.3 FEET; THENCE N. 64° 23' E. 223.00 FEET; THENCE N. 45° 48' E. 224.0 FEET; THENCE N. 52° 40' E. 140.0 FEET; THENCE N. 24° 39' W. 60.0 FEET; THENCE N. 5° 21' E. 100.5 FEET TO POINT OF BEGINNING. PARCEL FOUR: ALL THAT CERTAIN REAL PROPERTY CONVEYED TO MONTALVO ASSOCIATION, A CORPORATION, FROM DAVID S. ARATA JR. AND ALMA R. ARATA, HIS WIFE, BY GRANT DEED DATED SEPTEMBER 17, 1959 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY NOVEMBER 17, 1960 IN BOOK 4985, PAGE 104 OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN 18,54 ACRE TRACT DESCRIBED IN DEED TO DAVID S. ARATA, JR., ET UX, RECORDED IN BOOK 3747, PAGE 205, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID 18.54 ACRE TRACT NORTH 82° 10' EAST 110.00 FEET TO AN IRON PIPE, NORTH 520 11' 40" EAST 39.85 FEET TO AN IRON PIPE, NORTH 35° 17' 40" EAST 464.74 FEET TO AN IRON PIPE AND NORTH 00 22' 40" WEST 31.34 FEET; THENCE SOUTHWESTERLY FROM A TANGENT THAT BEARS SOUTH 20° 15' 30" WEST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300 FEET, A CENTRAL ANGLE OF 150 02' 10" AN ARC DISTANCE OF 78.73 FEET; THENCE SOUTH 3S0 17' 40" WEST396.84 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 100 FEET, A CENTRAL ANGLE OF 43° 13' 20", AN ARC DISTANCE OF 75.44 FEET; THENCE SOUTH 78° 31' WEST 82.85 FEET TO THE POINT OF BEGINNING. SAID CONVEYANCE WAS APPROVED AND AUTHORIZED BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, BY ORDER DATED OCTOBER 20, 1960, AS DISCLOSED BY DEED RECORDED NOVEMBER 17, 1960 IN BOOK 4985, PAGE 102 OF OFFICIAL RECORDS. APN: 517-15-012-00 and 517-15-013-00 Order No.: 54606-968145-09 Exhibit B to Grant of Emergency Access Easement Legal Description for Portion of the Emergency Ingress & Egress Easement Lands of Montalvo Associates 15400 Montalvo Road Saratoga, California Being a 20 feet wide strip of land across that certain parcel of land conveyed to the Montalvo Association, a corporation, by document recorded in Book 2763, at Page 95 Official Records of County of Santa Clara, State of California and its centerline is more particularly described as follows: Beginning at the Northwesterly corner of Lot No. 13 as shown on the Record of Survey Map filed for record in Book 106 of Maps at Page 4, Santa Clara County records: Thence North 76 Degrees 17 Minutes 08 Seconds West a length of 775.91 feet; Thence South 6 Degrees 17 Minutes 24 Seconds West a length of 13.15 feet to the True Point of Beginning located at the end ofreconstructed Parking Lot 2; Thence along the centerline of 20 feet wide easement South 58 Degrees 36 Minutes 14 Seconds West a length of 1.29 feet; Thence 27.80 feet along a tangent curve to the left, said curve having a radius of 70.00 feet and a delta of 22 Degrees 45 Minutes 03 Seconds; Thence South 35 Degrees 51 Minutes 11 Seconds West a length of 31.41 feet to a point on the centerline of existing Emergency Ingress — Egress Easement described as Parcel 1 in the Deed recorded as Document: 19316949 in Official Records of Santa Clara County, and the Terminus of this description. End of Description A plat graphically showing the portion of the easement is made a part hereto. Basis of Bearings Basis of bearings is the Westerly boundary line of Lot No. 13 as shown on the Record of Survey Map filed in Book 106 of Maps, Page 4, Santa Clara County Records. Page 1 of 2 Pages ONO S0617'24"W APN 517-15-12 co coo UN W 901. S021 Zig—ZZ—LLS NdV SONleld38 30 SISV8 3,0095 0, w ZZ w >-w 0 (/) WW 0) 2 W 1.1.1 e6 w z 2 0 o03 — m ONN �N o 0 S35'5 849'01'22"W 26.84' v- Q Z_ IA 0 w cin 0 CD QL.LJ CO I- 4 wO� w� a fi (/) ZN z0 CCILnJ Li O _�I--¢w tJ XzZ0 _J,N LimM W �O Qw w . 0>�I�—Q 00 Z J V)0_ Fv 0 LI- I- 0 "0 w0 CERTIFICATE OF ACCEPTANCE (Pursuant to Cal. Gov't Code § 27281) This is to certify that the interest in real property conveyed by the GRANT OF EMERGENCY ACCESS EASEMENT dated November 22, 2016 (attached hereto as Exhibit A) from MONTALVO ARTS CENTER 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. 16-072 of the City Council, adopted on December 21, 2016, and grantee consents to recordation thereof by its duly authorized officer . Dated: By , City Manager F SARATOGA Encl. E .'' . t A — [GRANT OF EMERGENCY ACCESS EASSEMENT] 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 SS :�C .,•,�.,c�. C_s�¢.¢.St•. , c...0 C_a�..cai.a._cis�C �iJ ,s�4•�iC t . .rs�...... C C .•.. �'�..�. •.. 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 .C'tt"\'C xr , ) On .t/ -a, I -7-..\--1 before me, Q -1.1-e11 ct-91\ , (i0 N 01\C, , Date Here Insert Name and Title of the Officer personally appeared c,, CILA Q_ L.;\���'T, N (s) 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. CRYSTAL BOTHELIO Commission # 2007184 Notary Public - California Santa Clara County My Comm. Expires Feb 12, 2017 Place Notary Seal Above z z WITNESS my hand and official seal. Signature OPTIONAL ignature of Nota Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: er^ e/ i. ^ d4�4a.4 g"y ar.'e>4Lvw_Kca..,:se J4ste>4,,y,4,y4s 4�4�✓4�'✓.4v4�✓ 4. ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit B to Resolution No. 16-071 Legal Description for Portion of the Emergency Ingress & Egress Easement to be vacated Lands of Montalvo Associates 15400 Montalvo Road Saratoga, California Being a 20 feet wide strip of land across that certain parcel of land conveyed to the Montalvo Association, a corporation, by document recorded in Book 2763, at Page 95 Official Records of County of Santa Clara, State of California and its centerline is more particularly described as follows: Beginning at the Northwesterly corner of Lot No. 13 as shown on the Record of Survey Map filed for record in Book 106 of Maps at Page 4, Santa Clara County records: Thence North 76 Degrees 17 Minutes 08 Seconds West a length of 775.91 feet to the True Point of Beginning of this description; Thence proceeding along the centerline of the existing Emergency Ingress — Egress Easement described as Parcel 1 in the Deed recorded as Document: 19316949 in Official Records, Santa Clara County, thence from said True Point of Beginning, 51.02 feet along a curve to the left from tangent bearing South 59 Degrees 54 Minutes 57 Seconds West, said curve having a radius of 70.00 feet and a delta of 41 Degrees 45 Minutes 52 Seconds; Thence along a reverse curve to the right a length of 21.63 feet, said curve having a radius of 70.00 feet and a delta of 17 Degrees 42 Minutes 06 Seconds to the end of the easement to be vacated and the Terminus of this description. End of Description A plat graphically showing the portion of the easement is made apart hereto. Basis of Bearings Basis of bearings is the Westerly boundary line of Lot No. 13 as shown on the Record of Survey Map filed in Book 106 of Maps, Page 4, Santa Clara County Records. Page 1 of 2 Pages 52, W W O O • H z z z 0 3 z zw zw ®0°z>-- Wood a F- z "� Q I CO H Z z'�' ww w w< V)w a W0 0 W Z 0 0)w w X wd APN 517-15-12 'V W 901- S0e1 Z b -ZZ -LLS NdV SONI8V38 JO SISV8 --..o.- 3, 00 97.f N_..." 0) w Z" �� �V0 5 UJ w� L SU Z 0) > • m O 0 r.NH 11 [IC J0 S49°01'22"W 26.84' 1— z w w w w W 0 Zo >- o) U W ca to CC w 0 zz ~'C2 20 w0 z Qz I ( QO W OJ \OU WQQO z>< w>< J Woo 1 XQ ZO LiJ w z Q o owQF- w (/) 0(8 z.- J z _cn w �a ww zc\J -c.Dw Wzo J N J w - a V i 0 W z er 1- zg W 'vwi 1 -Li w CL < O ~w� c io 0 U Z W 0 ® Q J �d 0 V)00 Q w O m z z ®01O O( II II II