HomeMy WebLinkAboutCity Council Resolution 19-060 accept offer to dedicate easement -Valle vista DriveRESOLUTION NO. 19-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ACCEPT AN OFFER TO DEDICATE TO THE CITY OF SARATOGA AN
EASEMENT FOR STORM DRAINAGE
APN 397-11-014
WHEREAS, as a result of an inspection performed by Public Works Staff and their
contractors, it was determined that the existing storm drainage facilities were not properly
located within the existing drainage easement that runs under and/or through the real property
commonly known as 19361 Valle Vista Drive, Saratoga, California or Lot 31, Tract No. 373
Montecito Heights, Tract Map filed on January 13, 1947, Map Book 12, Pages 34 and 35, Santa
Clara County Records, APN 397-11-014; and
WHEREAS, the City requires an easement along the pipeline to perform maintenance
and repairs; and
WHEREAS, the current owners, Anil W. Ubale and Anuradha U. Sonvane, as Trustees
of the Ubale and Sonvane Family Trust, executed on September 5, 2014, submitted a design
review application No. PDR19-0006, which application was approved by Planning Commission
Resolution No. 19-027 on September 25, 2019; and
WHEREAS, the current owners have agreed to dedicate an easement for storm drainage
purposes to the City of Saratoga, which will allow the City to vacate the existing storm drainage
easement and relocate it to the correct alignment; and
WHEREAS, the location of the new Easement for Storm Drainage is described in
attached Exhibit A Legal Description and shown in Exhibit B Plat to accompany description; and
WHEREAS, the City Council desires to accept and authorize the recordation of the
"Offer to Dedicate Easement for Storm Drainage" for the property referenced above and located
in the City of Saratoga and more fully described in Exhibit C attached thereto; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga
as follows:
1. The City Council hereby accepts the "Offer of Dedication of Easement for Storm
Drainage," attached hereto as Exhibit C.
2. The City Manager of the City of Saratoga is hereby authorized to execute the
Certificate of Acceptance attached as Exhibit D on behalf of the City and to record
the "Offer of Dedication of Easement for Storm Drainage" and Certificate of
Acceptance thereof.
This action is categorically exempt from CEQA pursuant to CEQA Guidelines
sections 15303 (small facilities) and 15061(b)(3), which provides that CEQA applies
only to projects which have the potential to cause a significant effect on the
environment and where, as here, it can be seen with certainty that there is no
reasonable possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 61h day of November 2019 by the following vote:
AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi
Kumar, Mary -Lynne Bernald, Yan Zhao
NOES:
ABSENT:
ABSTAIN:
ATTEST:
OZL'14_��
Debbie Bretschneider, City Clerk
1173543.1
Cappello, Mayor
City of Saratoga
1/7 /1-0 / 9
Date
RECORDING REQUESTED BY
City of Saratoga
WHEN RECORDED MAIL TO
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
OFFER OF DEDICATION OF EASEMENT FOR STORM DRAINAGE
For valuable consideration, Anil W. Ubale and Anuradha U. Sonvane, as Trustees of the
Ubale and Sonvane Family Trust, executed on September 5, 2014, the undersigned
owners of the hereinafter described real property, hereby warranting that they are the sole
owners thereof, for themselves, their heirs, successors, and assigns, hereby irrevocably
offer to dedicate in perpetuity to the City of Saratoga, a Municipal Corporation ("City"):
(1) An easement for storm water drainage improvements under, over, and across
that certain real property described in Paragraph (2), below, situated in the
City of Saratoga, County of Santa Clara, State of California, which easement
is more particularly described in Exhibit "A" and Exhibit `B" attached hereto.
Said property is to be kept open and free from buildings and structures of any
kind except irrigation systems, and the City of Saratoga shall have the
perpetual right to remove buildings, structures, vines, trees, bushes,
undergrowth, and any other obstructions interfering with the use of said
easement and incidental access easement rights by the City and, in addition
thereto, to remove soil and other materials within said easement and to use the
same in such manner and at such locations as the City may deem necessary or
convenient in the construction, reconstruction, operation, maintenance, and
repair of said improvements or structures incidental thereto. Prior to
acceptance of this Offer of Dedication, the boundaries or the centerline of the
easement area shall be clearly and durably marked to the satisfaction of the
City by the owners of the real property described in Exhibit "A" and Exhibit
"B„
(2) An easement for maintenance and repair, replacement, and reconstruction of
the improvements described in paragraph (1) above, subject (upon acceptance
by City of this Offer of Dedication) to the obligation of the City to maintain
and repair the same. The City of Saratoga shall, by this dedication, have
access, for the purpose of maintaining and repairing the storm water drainage
system, to the easement area under, over, and across the undersigned owners'
real property, more particularly described as:
Offer Of Dedication Of Easement For Storm Drainage
F. The undersigned owners understand and agree that the within offer can
only be accepted by resolution of the City Council of the City of Saratoga, and that
recordation of this instrument without such resolution shall not and will not constitute
acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be
binding upon the undersigned owners' heirs, personal representatives, successors,
transferees, and assigns. The plural as used herein shall include the singular, and the
singular shall include the plural.
Date: Nov 1 / 20 i l
Date: N 04 1, 2-0
Owners signatures shall be notarized.
1173544.1
Anil . Ubale, Trustees
Owner
Anuradha . Sonvane; Trustee
Owner
A notary public or other officer completing this certificate verities 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 doeumatt.
State of Cat fa ` An
Countyrof UL m ) I
(Date) I (Here insert armand of the Officer)
person* appeared i �� 6,6 At) 'Son n
(Narne(s) of Signer(s))
who proved to me on the basis of satisfactory evidence to be the person(gwhose name(bji ' re
subscribed to the within instrument and acknowledged to me that he/she) teyy)xecuted the same in
hfs/he heir uthorized capacity(ies), and that by his/her eir ignature s@ on the instrument the
person or the entity upon beha of which the persons', j acted, executed the instrument.
l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS myy hand and official seal.
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...<o..� -�.,.,__....
.1,.a••�.�1,��,i._!
Signature l �' (SeM)
I'AI'di��...»»..
(Sign lure of Notary Public)
or.onisslcn No. 2187647
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NOTARY PUBLIC-CALIFORNIA
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'
SANTA CLARA COUNTY
" htyComm
Ezpues MARCH 23 2021
Offer Of Dedication Of Easement For Storm Drainage
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Deed
dated the _ � fl- day of Iy n VL'"2019, from ANIL W. UBALE. &
ANURADHA U. SONVANE, trustees of the Ubale and Sonvane Family Trust, executed
on September 5, 2014, to the CITY OF SARATOGA, Santa Clara County, California,
organized under the laws of the State of California, is hereby accepted by the CITY OF
SARATOGA, pursuant to authorized signature of its City Manager conferred by
Resolution No. j q-06Oof the City of Saratoga City Council adopted on the % y1 day
of V oyow\n 4,,,' , 2019, and the Grantee consents to recordation thereof by its duly
authorized officer.
Dated: It/0- Ve,M6ell '/ , 2019.
1173546.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL. CODE § 1 189
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 SGI�v�
On (1 Z:2 1,01 9 before me, �2� �1 C�Ve/3 c-l7 + A4 o
Date Here Insert Name and Title of the Officer
personally appeared
j a
Name(s) of
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.
DEBORAH BRETSCHNEIDER
r+. Notary Public - California z
z = Santa Clara County >
Commission # 2187770
My Comm. Expires Mar 23, 2021
— — .—IJ
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.
Signatur
Signature of Notary Pubic
Place Notary Seal Above
OPTIONAL
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 Docurnenl:
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited J General
Individual Attorney in Fact
Trustee Guardian or Conservator
-' Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
Partner — Ci Limited ❑ General
E Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
Storm Drainage Easement over parcel APN 397-11-014
SITUATE in City of Saratoga, the County of Santa Clara and State of
California.
BEING a storm drainage easement, 5 feet wide, for ingress, egress,
construction, replacement, inspection, maintenance of existing storm
drainage system and accessories, lying within the lands conveyed by Grant
Deed to Anil W. Ubale and Anuradha U. Sonvane, Trustees of the Ubale and
Sonvane Family Trust dated 9/5/2014, or their successors in trust, under the
Ubale and Sonvane Family Trust dated 9/5/2014, recorded May 04, 2018 in
Document # 23925808, Santa Clara County Records, which the centerline of
said easement is described as follows:
COMMENCING at the north corner of said lands of Ubale and Sonvane;
Thence South 16°31'50" West along the westerly boundary of said lands
37.73 feet to the Point of Beginning;
Thence leaving said boundary and along existing storm line South
10°53'00" West 53.10 feet;
Thence South 05 ° 13'00" West 13 1. 10 feet;
Thence South 21 ° 16'00" West 40.00 feet;
Thence South 48°08'00" West 75.92 feet to the northerly boundary of Valle
Vista Drive.
Exhibit "B" Plat to accompany this Exhibit "A" Legal description.
END OF DESCRIPTION
This description and plat was prepared by me or under my direction in
conformance with the requirements of the Land Surveyor's Act.
Prepared by: Paul Jensen
Professional Land Surveyor #4627
October 29, 2019
�
&4627
EXp. I *
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EXHIBIT "B" ,
PLAT / / LEWIS S. EPSTEIN
TO ACCOMPANY 3/ / VICKIE EPSTEIN,
!o / TRUSTEES of THE EPSTEIN
LEGAL DESCRIPTION POINT OF FAMILY REVOCABLE TRUST
OF THE CENTERLINE COMMENCEMENT `ti� OF NOVEMBE
DOC. # 22441341331 /
OF A 5' WIDE / APN 397-11-013
DRAINAGE EASEMENT S 16a3150„ W ,/ / M 34
37.73', / / /
X ssss '
RAJEEV BHARADHWAJ LOT 32
& 12 M 34 / / �l 30,
GAYATRI BHARADHWAJ, TRUSTEES of the z 3p�
o o POINT OF
BHARADHWAJ FAMILY "� /
TRUST, dated July 1, 2005 N"ei i o � BEGINNING
DOC. # 19156140 1
APN 397-11-048 ,o i
co
i
ANIL W. UBALE I
& o 0
�. ANURADHA U. SONVANE M
\ TRUSTEES of the UBALE ° `')
AND SONVANE vLOi �^
\� FAMILY TRUST
dated 9/5/2014 I I
II
DOC. # 23925808 5 --�► I<--
\ APN 397-11-014 I I
��-- 30 �S 21016'00" W
30' I / / 40.00'
00
44' CO
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LOT 31 ,V��
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PAULJENSEN
PROFESSIONAL
LAND SURVEYOR
OCT 2019
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