HomeMy WebLinkAboutCity Council Resolution 17-032 -accepting offer to dedicate Trail easementRESOLUTION NO. 17-032
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT
WHEREAS, the City Council adopted Resolution No. 12-017 approving Design Review
Application No. PDR11-0010 for a property located at 22100 Mt. Eden Road Property) (APN
503-09-005); and
WHEREAS, one of the conditions of the Resolution No 12-017 requires the owner to
dedicate to the City of Saratoga a pedestnan and equestnan trail easement along a portion of the
southerly property line; and
WHEREAS, the City of Saratoga General Plan shows a proposed public trail located in
the same area; and
WHEREAS, the owner of the Property agreed to dedicate pedestnan and equestrian Trail
Easement to the City of Saratoga; and
WHEREAS, the Offer to Dedicate Trail Easement on the Property was prepared in
acceptable form and content to the satisfaction of the Director of Public Works, and
WHEREAS, the City Council has determined that the acceptance of the Offer to
Dedicate Trail Easement would be in the public interest
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby.
1. Accepts the Offer to Dedicate Trail Easement as descnbed above and attached, and
2 Authonzes and directs the City Manager to sign a certificate of acceptance on behalf of
the City and the City Clerk to record the Offer to Dedicate Trail Easement.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of June 2017 by the following vote:
AYES• Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Members E Manny
Cappello, Howard A Miller
NOES.
ABSENT Council Member Rishi Kumar
ABSTAIN.
TEST
C Bothelio, City Clerk
Emily Lo, Mayor
DATE: b/I q 2iJ1-7
1
RECORDING REQUESTED BY
Cit) ot Saratoga
WHEN RECORDED MAIL TO
Cit) Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga CA 95070
Record without fee pursuant to
Government (.'ode Section 6103
OFFER TO DEDICATE TRAIL EASEMENT
BACKGROUND
A Property
The undersigned ON% ner vyarrants and represents that it is the sole owner in fee simple of the
property identified below and more fully described in Exhibit "A" (the "Property") generally
located at 22100 Mt Eden Road in the City of Saratoga, the County of Santa Clara, in the State
ot California The Property is also referenced as Assessor s Parcel Number 503-09-005
B Easement Area
The portion of the Property that is subject to this Offer of Dedication ("Offer) is shown on the
Exhibit B- (the 'Easement Area ) and described in Exhibit "C" ("Easement Description') The
City may adjust the Easement Area to assure that the trail slope is feasible for reasonable
equestrian use and that the trail avoids conflict with vehicular traffic on the existing roadway
C Purpose
The purpose of this Offer is to offer to dedicate over 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 Count) public trails system and (2) the right of entry described below.
D. Consideration
The undersigned Owner or Owners acknowledge receipt of consideration of the grant of
easement from the City of Saratoga.
I OFFER OF DEDICATION.
ONN ner. for itself: its heirs. successors and assigns, hereby grants and conveys this offer to
grant and convey to the City of Saratoga ("City ) consistent with the conditions, rights, and
obligations set forth below. the easements over the Easement Area described in section 3, below
2 OFFER BINDING ON SUCCESSORS IN IN FEREST.
Trail Easement Offer of Dedication
this Offer affects the title or possession of the Property All the terns. covenants and
conditions of this Offer and of the easements when this Offer is accepted shall be binding upon
and inure to the benefit of the Property and shall continue as a servitude running in perpetuity
The terms 'Owner" and City.' wherever used herein and any pronouns used in place thereof
shall include respectively. the above-named Owner and City's successors and assigns.
3 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 frail easement upon, under,
over and across the Easement Area to make the Easement Area a part of City s public trail
s\ stem connected to the Count\ public trails s) stein and
B A right of entry b3 the City of Saratoga. its employees, agents. contractors,
successors. 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 w 'thin the meaning of California Civil Code §846
4. CONDITION OF EASEMENT AREA
The Easement Area is to be kept open and free from any modifications or improvements
or uses that would interfere w ith 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 O\\ ncr
5 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 Innited to, at times of high fire danger,
closures of connecting County trails, or risk of landslide
6 WARRANTY
(134‘‘ner warrants to Cit) that
A The Easement Area is. as of the date this Offer is executed by Owner. free and
clear of all liens or if it is not that Owner has obtained and attached to this Offer as an exhibit
Trail Easement Offer of Dedication 2
the legally binding subordination of any mortgage, lien, or other encumbrance affecting the
Easement Area as of the Agreement Date
B No one has the legally enforceable nght (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.
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.
7 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. Paragraph headings and captions contained herein are for
convenience of reference only and are not to be used in the interpretation of this Offer
8 NOTICES.
Any notices required by this Agreement or correspondence between the parties shall be
addressed as follows, unless the parties shall provide written notice of a change.
Owner. John Couch,
Trustee of The John Couch Living Trust dated February 13, 2017
22100 Mt. Eden Road
Saratoga, CA 95070
City John Cherbone, Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy to (which copy shall not constitute notice):
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9 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 with respect to the subject matter hereof
and supersedes all prior oral or written agreements with respect thereto.
Trail Easement Offer of Dedication 3
10 ACCEPTANCE.
The undersigned understands that the w ithin offer can only be accepted b) resolution of the City
Council of the City of Saratoga and recordation of this instrument shall not and vs ill not
constitute acceptance of the w ithin offer to dedicate
IN WITNESS WHEREOF Owner has duly executed this Offer as of the day and year stated
below
OWNER
By
Its
Date
(All signatures must be acknowledged before a Notary Public attach either corporate,
individual or partnership notary form )
Trail Easement Offer of Dedication 4
A Notary Public or other officer completing this certificate venfies 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
ACKNOWLEDGMENT
State of California
County of Santa Clara} ss c
On hp!1 1 12 2-c1 7 before me,.� RINKOO R NAT, Notary Public,
personally appeared .7C )i t1 C f iUCIA
who pro to me on the basis of satisfactory evidence to be the person(s) whose
e( is%are subscribed to the wj htLn instrument and acknowledged to me that
he/t y executed the same in(his/hler/their authorized capacity(ies), and that by
/her/their signatures(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
Signature
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
__PUNIC CALIPOTIOS
MMIOOO N. NAT �- -
ONIONSKIN • MONO
MN/ACLAM COMMIT
1:331/3. e... f Y 13. IW
Type of Satisfactory Evidence
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other.
Other Information
Thumbprint of Signer
o Check here If
no thumbprint
or fingerprint
is available
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED [N THE C►Tl' OF SARATOGA, COUNTY OF SANTA CIARA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS
Commencing at a 2" x 3" stake marked "R.29" standing in the center line of Baker Road (so-called), at the pant of
intersection of said center line with the Southern line of lands formerly of E H Guppy (said last mentioned line being
also the Northern line of the premises hereby described); and running thence along said last mentioned line down a
steep ravine, on the following courses and distances; N 72° 15' E 0 27 chains, S 80° 30' E 2.23 chains, S 57° 30' E
0.94 chain, S. 85° 15' E 1 26 chains, 5 79e 30' E 1.70 chains, S 84° 30' E. 1 27 chains, 5. 83° 30' E 1,71 chains, S
52° 30' E 0.64 chains, N 86° E 2 34 chains, S 87° 30' E 1 chain, S. 43° 30' E. 1.50 chains, N. 83° 15' E. 1 76 chains,
5 89° 30' E. 1.40 chains, N 79° 30' E. 1 48 chains, N. 66° 30' E 2 25 chains, N 56° 30' E 190 chains, S. 87° 30' E
3 77 chains and S. 79° 45' E 3 55 chains, to a Sycamore tree, 2-1/2 feet in diameter standing on the corner; thence
following along a picket fence 5 35° 30' E 2.55 chains to a 2" x 3 " stake marked L.M standing on the Southeasterly
side of the Mount Eden Road, thence S. 21° E 1 chain to a point in a small creek, from which a willow tree marked
B T R. 17, bears S. 48° E 10 links, thence S. 86° 30' E 1 30 chains, thence 5 18° E 2 67 chains to a stake R..19 of
the old survey made in 1885 by Herrmann Bros., thence S 71° 40' W 0 26 chains to a 2" x 3" stake marked R 1
standing In the center of a small creek from which a live oak tree 8 inches in diameter marked B T R 1 bears S. 16 3/4"
E., 46-1/2 links; thence along a Kne parallel with an old picket fence on the following courses and distances S. 67° 15'
W 3 31 1/2 chains to a stake marked R.2., N 83° 20' W 1.10 chains to a stake marked R.3, S. 79° 25' W 0,95 1/2
chains to a stake marked R 4 , S 62° 15' W 1 31 chains to a stake marked R 5., S. 61° 05' W , 1.61 chains to a stake
marked R.6 , S. 63° 05' W 2.65 chains to a stake marked R.7., S. 62° 30' W 2.54 chains to a stake marked R 8 , S.
67° 15' W 1 01 chains to a stake marked R.9, N. 61° 40' W., 2 chains to a 2" x 3" stake marked R.10, standing in the
center of what is known as the Baker Road, thence following along the said Baker Road on the following courses and
distances. N. 50° 45' W 2.05 chains, N. 66° W 2 13 chains, S 86° 40' W. 0 67 chains, N 75° W., .083 chains, N 8°
20' E. 1.21 chains, N. 34° 20' W 1.20 chains, N 72° 30' W. 1.19 chains, 5 81° 30' W. 1.94 chains, S. 84° 40' W 1
chain, N 25° 40' W 1.79 chains, N 7° 40' E. 0.79 chains, N 26° 45' W 0 57 drains, N. 58° W 2 14 chains, 5, 83° 30'
W 1.24 chains, N 27° 40' W 1 21 chains, N 58° 10' W 1 05 chains, N 42° 35' W. 1.28 chains, N 56° 40' W. 1 05
chains, N 62° 20' W 1.33 chains, to a 2" x 3" stake marked R.39, the said point of commencement, courses true.
Mag Var. 16° 40' E , and being a part of the Tract described in that certain deed from C.T Ryland to Charles 8
Ryland, dated June 7, 1886, recorded June 8, 18E6 in Book 85 of Deeds, page 198, et seq., in the County Recorder's
office of the County of Santa Clara, and being part of the Northeast Quarter of Section 3, Township 8 South, Range 2
West, Mount Diablo Base and Meridian
Excepting therefrom that portion thereof described as follows.
Beginning at an Iron pipe in the Northeasterly line of that certain 21.19 acre tract deeded to Anthony Corriardi, by
Jessie Jennie White, by deed recorded January 29, 1943 in Book 1125 of Official Records, page 287, in the office of the
County Recorder of Santa Clara County, California , distant N. 71° 40' E. 17 16 feet, N. 18° W. 176,32 feet, N. 86° 30'
W. 85 80 feet, N. 21° W. 66 feet and N 35° 30' W 51.70 feet from corner R.1 of said 21.19 acre tract and continuing
thence along said Northeasterly line N. 35° 30' W 116 60 feet to an iron pipe where once stood a Sycamore tree 2-1/2
feet in diameter and N. 79° 45' W 96 70 feet to an iron pipe, and running thence 5. 30° 36' E 164 95 feet to an iron
pipe and N 69° 20' E 84 47 feet to the place of beginning, and being part of the Northeast 1/4, Section 3, Township 8
South, Range 2 West, Mount Diablo Base and Meridian, as reserved by Anthony Cocciardl, in the deed recorded lune
4, 1947 in Book 1474 of Official Records, page 476.
APN 503-09 005
16.80
M
•
Exhibit B
13 SM. I,- -;,. •_ n 0�!
a / 43 , r c5�0 x- �- .
I. i I S ,fig ur ",-,01f..--;•-/-73 :
iz O R U ��N(17;,`>---.. '0; r�
Y.
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—22490 Mr. EDEN -
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5
EASEMENT
LOCATION
w
O
Exhibit C K 4 27PAGE 825
Portion of thi strip of land described telm% located %cnhin proper() APN 503 09-005
A strip of land of the uniform width of 25 feet extending
from the westerly boundary line of the northeast quarter of
Section 3, Township 8 South, Range 2 West, M ».)3.6 M., to the
southwesterly boundary line of the county road known as Mount
Iden Road and lying equally on each side of the line which
begins at a point in the westerly boundary line of the
northeast quarter of said Section 3 from which the 4 inch by
4 inch post marking the north quarter corner of said Section
3 bears north 4°26 1/2' west 221.7 0 feet distant and runs
thence the following fifty-eight courses, namely.
(l) easterly on a curve to the left with a radius of 130.0
feet, through a central angle of 37' 30' and tangent at
the westerly»t.erminus thereof to a line having a bearing
of north 77' 17 1/2' east, an arc distance of. 26 4 feet,
(2) north 65' 38 1/2' east 19.5 feet,
(31 on a curve to the left with a radius of 100.0 feet.,
through a central angle of 13' 04', an arc distance
of 22 8 feet,
(4) north 52` 34 1/2' east 36.9 feet,
(5) on a curve to the right with a radius of 100.0 feet,
through a central angle of 44` 48 1/2', an arc distance
of 78.2 feet,
(6) south 82° 37' east 31.0 feet,
17) on a curve to the right with a radius of 50 0 feet,
through a central angle of 24" 55', an arc distance
of 21 7 feet,
(8) south 57" 42' east. 33.6 feet,
(9) on a curve to the right. with a radius of 15 0 feet,
through a central angle of 122° 43 1/2', an arc
distance of 32.3 feet.,
(10) south 65" 0) 1/2' west. 36.3 feet,
(11) on a curve to the right with a radius of 50 0 feet,
through a central angle of l6° 11 1/2', an arc
distance of l5 9 feet.,
(12) south 83' 13' west l 7 feet,
(13) on a curve to the left with a radius of 50.0 feet,
through a central angle of 21° 54', an arc distance
of 19.3 feet,
(14) south 63° 19' west 33.1 feet.,
(15) on a curve to the left with a radius of 75.0 feet,
through a central angle of 51° 37', an arc distance
of 67.6 feet,
(16) south 9° 42' west. 17.9 feet,
117) on a curve to the left with a radius of 50.0 feet,
through a central angle of 32° 30', and arc distance
of 28 4 feet,
(18) south 22' 48' east 2.1 feet,
(191 on a curve to the left with a radius of 50.0 feet,
through a central angle of 69" 15 3/2, an arc
distance of 60.4 feet,
(20) north 87" 56 1/2' east 28 8 feet,
(211 on a curve to the left with a radius of 100.0 feet,
through a central angle of 77" 05', an arc distance
of 29 8 feet,
122) north 70" 51 1/2' east 44 6 feet
(23) on a curve to the left with a radius of 75.0 feet,
through a central angle of 32" 09 1/2', an arc
distance of 42 1 feet,
(24) north 38° 42' east 35 0 feet,
(25) on a curve to the right with a radius of 50.0 feet,
through a central angle of 1.70° 10', an arc distance
of 96 1 feet,
(26) south 31" 08' east 17.2 feet,
(27) on a curve to the left with a radius of 75 0 feet,
through a central angle of 52° )3', an arc distance
of 68 3 feet,
(281 south 83° 19' east 346 1 feet,
(29) on a curve to the left with a radius of 100 0 feet,
through a central angle of 54° 00', an arc distance
of 94 2 Leet,
(30) north 42° 41' east 104 7 feet,
(31)
(32)
(33)
(34)
(35)
(361
(37)
(381
(39)
(40)
(41)
(42)
(431
(44)
(45)
(46)
(47)
(48)
(49)
(50)
(51)
(52)
(53)
(54)
(55)
(56)
(57)
K 427PAGE 826
on a curve to the left with a radius of 125.0 feet.,
through a central angle of 9' 53 1/2', an arc
distance of 21 6 feel.,
north 32' 47 1/2' east 1.19.8 feet,
on a curve to the left with a radius of 120 0 feet.,
through a central angle of 28' 52', an arc distance
of 60.5 feet,
north 3' 55 1/2' east 51 5 feet,
on a curve to the right with a radius of 70.0 feet,
through a 'central angle of 66" 58 1/2', an arc
distance of 83 8 feet.,
north 70° 54' east 59.7 feet
on a curve to the left with a radius of 60.0 feet,
through a central angle of 75' 23 1/2', an arc
distance of 79.0 feel.,
north 4' 29 1/2' west. 39.9 feet,
on a curve to the left. with a radius of 240.0 feet,
through a central angle of 24° 5]', an arc distance
of 104.] feet,
north 29° 20 1/2' west. 57 8 feet,
on a curve to the right with a radius of 130.0 feet,
through a central angle of 23' 02 1/2', an arc distance
of 52.3 feet,
north 67" 18' west 67.2 feet,
on a curve to the right with a radius of 50.0 feet,
through a central angle of 134' 05 3/2', an arc
distance of 117 0 feet,
south 52° 12 1/2' east 51 9 feet,
on a curve to the left with a radius of 210.0 feet,
through a central angle of 21° 19', an arc distance
of 78.1 feet,
south 73° 31 1/2'
on a curve OD the
through a central
of 24.7 feet,
south 87' 39 1/2'
on a curve to the
through a central
of 42.6 feet,
north 67" 57 1/2'
on a curve to the
through a central
of 19.5 feet,
north 61' 44 1/2' east 411.0 feet,
on a curve to the right with a radius of 125.0
through a central angle of 35' 12 1/2', an arc
of 76 8 feet,
south 83° 03' east 40 0 feet,
on a curve to the left with a radius of 120 0 feet,
through a central angle of 46 19 1/2', an arc distance
of 97 0 feet,
north 500 37 1/2' east 15 8 feet,
on a curve to the right with a radius of 135.0 feel,
through a central angle of 24' 35 1/2', an arc distance
of 58 0 feet,
east 92 7 feet,
left with a radius of 100.0 feet,
angle of 14" 08', an arc distance
cast 27.9 feet,
left with a radius of 100 0 feet,
angle of 24' 23', an arc distance
east 53 7 Leet,
left with a radius of 180 0 feet,
angle of 6' 13', an arc distance
feet,
distance
K427PAGf 827
(58) north 75° 33' east. 25 feet, more or less,
to a point in the southwesterly boundary line of said Mount Iden Road.
The course of the tight. -of -way described above and the extent
to which it. passes across a portion of Parcel 509=09-005 is shown
on Pacific Gas apd Electric Company's Drawing No. 2.15470 (Tower
line No. 2091, which gives a plot of the survey data that is the
basis for the above right-of-way desciiption.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto. Said
easement is appurtenant to and for the benefit of those lands now
standing in the naive of M E V Corporation, also known Mount Eden
Vineyards, or acquired by them subsequent to the date hereof,
lying within the northeast quarter of Section 4, Township 8 South,
Range 2 West, N.D.D & M and the northwest quarter of Section 3,
Township 8 South,.Range 2 West, M.D.B. & M., and al] those lands
now standing in the name of Eleanor Ray, a widow, or acquired by
her subsequent of the date hereof, lying within the northwest
quarter of Section 3, Township 8 bouth,Range 2 Nest, M.D 8. & M.
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 TRAIL EASEMENT dated April 21, 2017 (attached hereto as Exhibit A)
from John Couch, Trustee, to the CITY OF SARATOGA, a Mumcipal 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 17-032 of the City Council,
adopted on June 7, 2017, and grantee consents to recordation thereof by its duly
authorized officer
Dated
By
897923
say, City Manager
TY OF SARATOGA
ibit A — [OFFER TO DEDICATE TRAIL EASSEMENT]
1