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Home My WebLink AboutCity Council Resolution 16-075 -accepting offer to dedicate trail easementRECORDING REQUESTED BY. City of Saratoga WHEN RECORDED MAIL TO. City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 23740795 Regina Alcomendras Santa Clara County - Clerk -Recorder 08/29/2017 12 26 PM Titles: 1 Fees $60 00 Taxes $$0 Total 60 00 Pages 11 RESOLUTION NO. 16-075 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT WHEREAS, the City of Saratoga ("City") and Garrod Trust executed Development Agreement for Cooper -Garrod Winery and Garrod Farms Equestrian Facility effective September 5, 2012 and recorded as the Document No 21844503 in Santa Clara County Recorder's Office (Agreement); and WHEREAS, as required by the Agreement, the Garrod Trust agreed to dedicate Trail Easement to the City of Saratoga, and WHEREAS, the Offer to Dedicate Trail Easement on property generally located at 22651 Garrod Road in the City of Saratoga, also referenced as Assessor's Parcel Number 503-12-001 was prepared in acceptable form and content and is attached as Exhibit A, 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 described hereinabove and attached hereto, and 2 Authonzes and directs City Clerk to record the Offer to Dedicate Trail Easement C The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21' of December, 2016 by the following vote AYES Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Member E Manny Cappello, Howard A Miller NOES ABSENT. Council Member Rishi Kumar ABSTAIN. Emily Lo, Mayor ATTEST. a 5-1mC 1 -,?:64-t."_.- DATE. 1'y/ 3- i7of 0 Crystal Bothelio, City Clerk RECORDING REQUESTED BY City of Saratoga WHEN RECORDED MAIL TO. City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Record without fee pursuant to Government Code Section 6103 OFFER TO DEDICATE TRAIL EASEMENT BACKGROUND A Property The undersigned Owner warrants and represents that it is the sole owner in fee simple of the property identified below and more fully described in Exhibit "C" (the "Property") generally located at 22651 Mt Eden Road m the City of Saratoga, the County of Santa Clara, in the State of California. The Property is also referenced as Assessor's Parcel Number 503-12-001 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 "A" ("Easement Plan") 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 County public trails system and (2) the nght 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 1 OFFER OF DEDICATION. Owner, 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, nghts, and obligations set forth below, the easements over the Easement Area described in section 3, below 2 OFFER BINDING ON SUCCESSORS IN INTEREST This Offer affects the title or possession of the Property All the terms, 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 runmng in perpetuity Trail Easement Offer of Dedication 1 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 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 County public trails system; and B A nght of entry by 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" within 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 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. 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 limited to, at times of high fire danger, closures of connecting County trails, or risk of landslide 6. 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 or, if it is not, that Owner has obtained and attached to this Offer as an exhibit the legally bmdmg subordination of any mortgage, lien, or other encumbrance affecting the Easement Area as of the Agreement Date. Trail Easement Offer of Dedication 2 B No one has the legally enforceable nght (for example, under a lease, easement or nght-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 convemence 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 Jan Garrod 22647 Garrod 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 pnor oral or wntten agreements with respect thereto Trail Easement Offer of Dedication 3 10 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 will not 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 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 Exhibit A Easement Plan Approximate Pedestrian and Equestrian Trail Easement Location on APN 503-12-001 0 • Lu ^ �O SW QUARTER SECTION 35 TP75 R2W 'l. l • wac rros.i9 444-32 Zoo 5) 522 AG tet° I. a� 29 w `x.'29 00 ' M � ^' a0 , ; �` �r$' Oxo. .n� ecto 4G�Cg7 n 89/ .:71 C.'11 7pVtib 27 30 w i rA ws Noy Pc ix ,• Q 6 >� s, '� s .\ 4f f \ , ti. dsz . .0 \,' . e. ,e/ 3- 1 •o., 28ass - : *.1. n 4 # i'U 'i YN 1 , °A� k 39 R B% 26 oi. �a `•00 •341(..594, 11 �ti 8.js . 1 gppC Q�N� 204,53 z Fe 3°31 2S 15 feet wide Pedestrian and Equestrian Trail Easement approximate location 9 43 sem_ 139 Exhibit "B" Easement Area Fifteen feet wide Pedestrian and Equestrian Trail Easement upon, under, over, and across a strip of land on the property known as APN 503-12-001 shown on Exhibit "A" The easement area connects south property boundary adjacent to Garrod Road with north property boundary adjacent to Parcel D of Tract 6528 and generally traverses the property in north -south direction. 140 • BEGINNING at 'take'marked 1/4 9. standing at the 1/4 section corner between Sectioaa 34 and 35 Township 7 South Range 2 West, Mount Diablo Base and Meridian, and running thence along the 1/4 section line'ruaning Last sad Vest through the center of section 35, Tawnahip 7 South, Range 2 West. Mount. Diablo Base and Meridian, South 88° 53' 01" East 1818.97 feet to a stake marked L.M.1 at the Northeasterly corner of the• 78.05 sere tract described 1n the Deed from John G..Alonso, et ue, to L. A. Molloy, et al, dated August 14, 1946 and recorded August 23, 1946 in Scot 1362 of Official Records, page 469, tbence along the Oesterly line of said 78.05 acre tract South 1° 14' 10" West 1482.80 feet to a point in the teeter of a ravine; thence North 63° 08' 08" Weat 811.40 feet to a point in the centerline of a 60 foot right of.way hereinafter described, thence along the centerline of said 60 foot tight of way the follewiag couraea and distances, to wit: North 84° 49' 19" Sleet 264.52 feet; thence along the arc of a curve to the right with a radius of 300.00 feet tangent to the preceding:course through an angle of 1 10'.a distance of 68.94 feet; thence North 71° 39° 19" West 105.%%5,.feet; thence along the arc of a curve to the left with a radius of 266.60 feet aa4'tangent•to the preceding course through an angle of 67° 38' a distance of 314.70 feet;Tth eca�:5cuth•40° 42' 41" Vest'116.76 feet; thence along a curve to the left with e rediaawol:l8T:jlifeet and,tangentto.the preceding course through an angle of 15° 58' 17" r.. •::a`•dii 0 50: icetl,thence. along; the•arc o£. n reverse curve to the right with. a . . radins`P,;otb18 .7�gfea thiough' as angle- of ;15°. 48' •17" a distance .of 50.65. feet; , thence , . South{40d „sr 41ffWeat 65.99 fret; -..thence along the arc of a curve to the right with a .radivar,of..45.04: wet and.tangent to the preceding coarse through an angle of 770 29' 25" ,Oa diat a,ot 60;91:;feet; thence along the arc of:a reverse curve to the left. with a radina."of:44:86 feet','through an angle of 83° 20' 55" a distance of 65.26 feet to the point of intersectira of said centerline of wail 60'fooc right of way with the Southwesterly line of thaonaid;78.05 acre tract described in said Deed to L. A. Molloy et al, above referred to thence leaving said centerline of said 60 foot .right of way and running along said Southwesterly 1.!ne of said 78.05 acre tract, North 55° 08' 49" Weat 123.82 feet to an iron pipe standing on the section line between eaid Sections 34 and 35, from which a live oak tree 20 inches in diameter with 3 notches bears South 1° 49' 39" Neat 18.04 feet; said pipe also being at the Southwesterly corner of said 78.05 acre tract thence along the line between said Sections 34 and 35, North 1° 49' 39" East 1337.03 feet to the point of beginning and being a portion of said Section 35, Township 7 South, Rands 2 Kest, and containing approximately 51.528 acres, as surveyed by James and Waters, Civil Engineers, San Mateo, Palo Alto and San Joae, California, December 1948. EXHIIBIT C. BCC q/.1.,50 rAsi 402 TOGETHER WITH a right of way, as granted in the Deed executed by Har*.te Lawlor et al, to Patrick A. McHenry, et al, and recorded April 26, 1917 in Book 455 of Deeds, page 579 conveying a 78.05 acre tract of.wbich the above described property is a part, over th than present road that led from the buildings on said 78.05 acre tract to and over the other Land then of Hra. Mamie Lawlor. ALSO TOGETHER WITH and as appurtenant to the parcel of laud firot hereinabove described, an easement for the purposes of ingress and egresa and for the installation and maintenance of public °tilitie■ over a strip of land 60 feet in width the centerline of which is de- scribed as follows, to wit: Beginning at a point in the Southerly line of said parcel of land first hereinabove de- scribed distant thereon North 63° 08' 08" Weat, 811.40 feet from the Southeasterly corner of said parcel of land, thence along the Southerly line of said parcel of land the fol - loving couraea and distances to wit: North 84° 49' 19" Weat 264.52 feet; thence along the are of a curve to the right with a radius of 300.00 feet tangent to the preceding course through an angle of 13° 10' a distance of 68.94 feet; thence North 71° 39' 19" Wes.: 105.16 feet; thence along the arc of a curve to the left with a radius of 266.60 feet and tangent to Cha preceding course through an angle of 67° 38' a distence of 314.70 feet; thence south 40° 42'41" West 116.78 feet; thence along a curve to the left with a radius of 181.71 feet and tangent to the preceding corse through as angle of 15° 58' 17" a distance of 50.65 feet; thence along the arc of a reverse curve to the right with a radius of 181,71 feat through an angle of 15° 58' 17" a distance of 50.65 feet; thence South 40° 42' 41" Hest 65.99 feet; thence along the arc of a curve to the right with a radius of 45.04 feet and tangent to the preceding course through an angle of 770 29' 25" a distance of 60.91 feet; thence along the arc of a reverse curve to the left with a radius of 44.86 feet through an angle of 83° 20' 55" a distance of 65.26 feet. i J1. . f---3 C4D on L :f 141 1 CERTIFICATE OF ACCEPTANCE (Pursuant to Cal Gov't Code § 27281) This is to certify that the interest m real property conveyed by the OFFER TO DEDICATE TRAIL EASEMENT dated August 17, 2016 (attached hereto as Exhibit A) from Jan Garrod, Trustee 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 21, 2016, and grantee consents to recordation thereof by its duly authorized officer Dated By James Lindsay, City Manager CITY OF SARATOGA Encl. Exhibit A — [OFFER TO DEDICATE TRAIL EASSEMENT] 1 r i • F r 1 • Annex -slim PrOpsrly l`1 1 ..r71, ^4141/11, -TRAIL IAb PrA+Aw Pamir L.rd m • / 11 *AV NW/ad • Exhibit 2 PARKER SARATOGA RANCH COUNTRY TRAIL GLUU Gabor nal Flaw Volley.. ! t • <a •s A\ _ ---APN `1li1)/ ' r....-____,,.._..;...._� xl •1. Q.- a 1 7r l VILLA OAKS TRAIL APN ( ROWVIryra B or.' L1 :.:j• APN TO LO JuIl 611 EDER 0 I rail LJWwkc/Lzrt(" 1 1 MIA I' op rty 1 rull 14urllwnl 1md AHpmwnl IhkuldcI liulolp Puce] Lues Mo l'ovrrc,1 Ly Pb,,noq; AI+I.Iw,1ma Cary Boundary VICINITY IAAP NOTTi. THE WIDTH OF THE TRAIL EASEMENTS WILL VARY BETWEEN 10 ANL) 15 FEET AS DETERMINED BY THE GARROD TRUST BASED ON TERRAIN AND VEGETATION CONDITIONS. CONCEPTUAL TRAIL AUGNMLNI GARROD FARMS SARATOGA, CALIFORNIA tl n' 1>♦ i7 0 lr ��^ clro LXI'IIBIT 2/3