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Home My WebLink AboutCity Council Resolution 16-074 -accepting offer trail easement 503-10-067RECORDING REQUESTED BY. City of Saratoga WHEN RECORDED MAIL TO• City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 23740796 Regina Alcomendras Santa Clara County - Clerk -Recorder 08/29/2017 12:26 PM Titles 1 Fees $63 00 Taxes $$0 Total 63 00 Pages 12 1111 '; M? illtiotain'It:IONN' Mil11111 RESOLUTION NO. 16-074 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 referenced as Assessor's Parcel Number 503-10-067 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 Authorizes and directs 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 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 ATTEST Cry al Bothelio, City Clerk Emily Lo, Mayor DATE (-)'%3t7-DIS RECORDING REQUESTED BY. City of Saratoga WHEN RECORDED MAIL TO. City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 BACKGROUND Record without fee pursuant to Government Code Section 6103 OFFER TO DEDICATE TRAIL EASEMENT 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 descnbed in Exhibit "C" (the "Property") generally located East of Mt Eden Road and South of Villa Oaks Lane m the City of Saratoga, the County of Santa Clara, m the State of California The Property is also referenced as Assessor's Parcel Number 503-10-067 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 descnbed 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 equestnan 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 descnbed 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, rights, 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 Trail Easement Offer of Dedication 1 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, pedestnan 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 meamng 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 mterfere 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 nght 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 hens or, if it is not, that Owner has obtained and attached to this Offer as an exhibit the legally binding subordination of any mortgage, hen, 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 right (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 matenals identified as hazardous or toxic under applicable law and no such matenals have been stored or generated within the Easement Area. 7 CONTROLLING LAW. This Offer is made in the State of Califorma 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. 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 prior oral or written 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 503-10-067 SANTA CLARA COUNTY, CALIFORNIA a1 N f S- AG 2W R 405/?8 IRO) R.O.S 218/42 h°• 561 '5 AC41.'A GR. 4 ?8 AC. NET_�-.-. 2 GR. cis NET` a 3 -R. h� Elm. GR. NET, 0 0 GR. NET" `" SI) e moa_ 11 RB AC UR 11 r,; C `64:1- 6 =T 6 9 417 I2 '•p 65 i� :1 I• R 0 S 47/33 I —Q-+ c�D -�7 BOOK 503 PAGE 10 i 1" = 200' 3IF4LGR 44 4L 20 4 - Q 2 104 AC_OROSS. PLAN. `,.1,442 AC. NET PLAN 67.. w.8 • WB "o 4, 93.76 12 29 --�— --- a N 9.814 AC.NET IQJkC N�T� 4b2T 7g k 2Yr 599.74�t)44b •'' f 8 5 -R 2 :Y L.L.A.# 14057455 32 r r1 c' r Ism 15 feet wide Pedestrian and Equestrian Trail Easement approximate location 162 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 503-10-067 shown on Exhibit "A" Exact location of the pedestrian and equestrian easement area is not determined at this time and will be determined after the trail is constructed The easement area is generally located along the east side of Mount Eden Road right of way. 163 EXHIBIT C A PORTION OF EAST % OF SECTION 34 T 7 S , R 2W, M.D.B 22600 MT EDEN ROAD (GARROD FARMS) ANNEXATION TO CITY 01' SARATOGA All that land situated m the County of Santa Clara, State of Califortua, being a portion of the East half of Section 34 Township 7 South, Range 2 West M DB & M , described as follows Beginning at the section confer of Sections 34 and 35, Township 7 South, Range 2 West and Section 3 and 2 Township 8 South, Range 2 West M D. B. & M as shown on the Record of Survey Map recorded in Book 216 of maps at Page 37, Santa Clara County Records and the westerly limit of the City of Saratoga as established by Original Incorporation dated October 22, 1956, Thence (1) along the existing city limit as established by 22461 Mt Eden Road annexation to the easterly right of way line of Mt Eden Road (width varies) and continuing along the Southerly section line of Section 34 South 88 Degrees 32 Minutes 22 Seconds West a total length of 138.57 feet to the Westerly right of way line of Mt Eden Road (width varies), Thence (2) along said right of way line North 43 Degrees 44 Minutes 51 Seconds East a Length of 72.32 feet, Thence (3) 144 20 feet along a tangent curve to the left, said curve having a radius of 130 00 feet and a delta 63 Degrees 33 Minutes 17 Seconds, Thence (4) North 19 Degrees 48 Minutes 26 Seconds West a length of 70.51 feet; Thence (5) leaving said right of way line South 63 Degrees 27 Minutes 57 Seconds West a length of 168.63 feet; fhcnce (6) South 29 Degrees 19 Minutes 34 seconds West a length of 209 06 feet to the Southerly Section line of Section 34; Thence (7) along the Southerly section line of Section 34 South 88 Degrees 32 Minutes 20 Seconds West a length of 599 74 feet; Thence (8) leaving said section line North 11 Degrees 30 Minutes East a length of 110 22 feet, Thence (9) North 19 Degrees 45 Minutes 00 Seconds East a length of 138 60 feet; Thence (10) North 3 Degrees 30 Minutes 00 Seconds East a length of 170 94 feet; Thence (11) North 60 Degrees 05 Minutes 00 Seconds East a length of 163 02 feet, Thence (1 2) Notch 39 Degrees 00 Minutes 00 Seconds East a length of 151.14 feet, Thence (1 3) Noith 6 Degrees 30 Minutes 00 Seconds West a length of 45 54 feet, Thence (14) North 24 Degrees 00 Minutes 00 Seconds East a length of 194 19 feet to the Southerly right of way line of Mount Eden Road; Thence (15) along said right of way line North 71 Degrees 21 Minutes 36 Seconds West a length of 87 60 feet, thence (16) South 84 Degrees 38 Minutes 17 Seconds West a length of 51 63 feet, Thence (17) North 71 Degr=ees 48 Minutes 19 Seconds West a length of 373 10 feet, Thence (18) North 24 Degrees 06 Minutes 01 Seconds West a length of 204.84 feet; Thenec (19) Nath 9 Degrees 00 Minutes 44 Seconds West a length of 136 24 feet, Thence (20) North 12 Degrees 23 Minutes 23 Seconds East a length of 55.90 feet, Thence (21) North 56 Degrees 49 Minutes 11 Seconds West a length of 75.95 feet: 164 Thence (22) North 41 Degrees 46 Mmutes 23 Seconds West a length of 160.70 feet, Thence (23) North 83 Degrees 10 Mmutes 21 Seconds West a lengthof48.64 Feet, Thence (24) leaving said Southerly right of way line North 6 Degrees 49 Minutes 39 Seconds East a length of 40 00 feet, Thence (25) North 14 Degrees 15 Minutes 00 Seconds West a length of 105 51 feet, Thence (26) North 4 Degrees 00 Minutes 00 Seconds West a length of 974 82 feet to the Southerly city limit of City of Cupertino established by "Stevens Creek No 13" on September 12, 1961, Thence (27) along said city limit North 64 Degrees 00 Minutes 00 Seconds East a length of 135 96 feet, Thence (28) North 00 Degrees 00 Minuses 00 Seconds East a length of 34 70 feet, Thence (29) leaving said city limit North 81 Degrees 08 Minutes 59 Seconds East a length of 413 40 feet, Thence (30) North 81 Degrees 11 Minutes 54 Seconds East a length 69.77 feet, Thence (31) North 8 Degrees 48 Minutes 06 Seconds West a length of 120.00 feet, Thence (32) North 81 Degrees 11 Minutes 51 Seconds East a length of 120.00 feet; Thence (33) South 8 Degrees 48 Minutes 06 Seconds East a length of 120.00 feet, Thence (34) South 81 Degrees 29 Minutes 03 Seconds East a length of 263.37 feet to the Southerly city limit of City of Cupertino established by "Stevens Creek No 13" on September 12, 1961, Thence (35) along said city lunit South 55 Degrees 00 Mmutes 04 Seconds East a length of 566.39 feet to the Westerly city limit of City of Saratoga established by "Original incorporation" on October 22, 1956, and the Easterly section line of Section 34, Thence (36) along the Westerly city limit and Easterly section line South 0 Degrees 07 Minutes 32 Seconds West a length of 2427 12 feet to the point of beginiung. Containing 69 34 acres more or less Disclaimer: "For assessment purposes only This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described " Revised July 13, 2012 • ��IANDSU AGF v � p No 4953 Exp 12-31-2013 OF CN -\F 165 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 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 authonty conferred by Resolution No. of the City Council, adopted on December 21, 2016, and grantee consents to recordation thereof by its duly authonzed officer Dated. By James Lindsay, City Manager CITY OF SARATOGA Encl Exhibit A — [OFFER TO DEDICATE TRAIL EASSEMENT] 1 3k • CA) PAW* Promb Aamillo s Popo* Laid M Srsss l' )'1%1'11 1.•i/ • /Good Foos Wsy • ..... 1 Ilii$90.11411ti -I. • .Cabrnt Rano Nssy d I) j •'S..ij./ - /:',./,„„ , ..--- '' IAN sos-Tn004 1111/ --�% '-/• fi:- • • /rl': % ': SARATOGA COUNTRY OYD \\ ) • /APN /,/ Exhibit 2 PARKER RANCH TRAIL �Il Y• r OAKS TRAIL APN Trail Ieluuocc / Eta Civaod Tenet Prupa+y 7mlkivanau Trail Alisamcm (I Ic bk) [Jtialiny Pucci Linea Area Covered by I'lannmg Application City Boundary SILL La, SiIE torr VInoruA f ;,APN TO LOWER MT EDEN •1 aW CI VIClNI,rTY MAP NOTE: THE WIDTH OF THE TRAIL EASEMENTS WILL VARY BETWEEN 10 AND 15 FEET AS DETERMINED BY THE GARROD TRUST BASED ON TERRAIN AND VEGETATION CONDITIONS. CONCEPTUAL TRAIL ALIGNMENT GARROD FARMS SARATOGA, CALIFORNIA Jun 7012 2/1