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Home My WebLink AboutCity Council Resolution 05-058Recording requested by, and to be returned to: City of Saratoga Office of the City Clerk 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 05-058 RESOLUTION ACCEPTING OFFER OF DEDICATION WHEREAS, a portion of the lands of Berto Development , a General Partnership, have executed an Offer to Dedicate a permanent easement for landscape and other improvements, said Offer attached hereto and to be recorded concurrently herewith. NOW, THEREFORE, the City Council of the City of Saratoga hereby accepts the aforementioned Offer of Dedication and directs a copy of this Resolution and the Offer to be recorded together in the Office of the County Recorder for Santa Clara County. The above and foregoing resolution was passed and adopted on the 7`h day of September, 2005, at a regular meeting of the City Council of Saratoga by the following vote: AYES: Councilmembers Nick Streit, Ann Waltonsmith, Vicc Mayor Norma Kline, Mayor Kathleen King NOES: None ABSENT: Councilmember Aileen Kao ABSTAIN: None ATTEST~I Cathleen Bo r, City `~~~ ~Uf Kathleen M. King, Mayor RECORDING REQUESTED BY: City of Saratoga (No Documentary Transfer Tax Due) WHEN RECORDED MAIL T0: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 GRANT OF PERMANENT EASEMENT For valuable consideration, the undersigned 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 a permanent easement for landscape improvements designated as "Landscape Easement" upon, under, over, and across that certain real property situated in the City of Saratoga, County of Santa Clara, State of California more particularly described in Exhibit "A" attached hereto. Landscape improvements authorized by this easement include, but are not limited to plants, irrigation, hardscape, lighting, walls and other appurtenances. Said property is to be kept open and free from any modifications or improvements not authorized by the City of Saratoga. Maintenance of improvements built by the City of Saratoga pursuant to this easement shall be maintained by the City of Saratoga. The City of Saratoga agrees that all lands within the Landscape Easement shall be considered (1) a part of the landscaping on the subject parcel for the purpose of ascertaining the amount of landscaped land in connection with determining compliance with any City zoning requirements pertaining to landscaping, and (2) part of the net site area for the purpose of ascertaining compliance with zoning requirements pertaining to site area (e.g., floor area ratio). The provisions of this easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. The undersigned understands that this grant of permanent easement shall become effective upon acceptance of the grant by resolution of the City Council of the City of Saratoga. The offer of the easement herein shall be irrevocable and shall be binding upon our heirs, personal 1 representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. Executed thyw~_ day of,~2'~~Ejit'GEy~20~ By: (All signatures must be acla~owledged before a Notary Public -attach either corporate, individual or partnership notary form.) EXHIBI 3 'A'ID, Danna Blue Hills LLC ° , o PARCEL MAP I"a`a- y ~ o `~ 593 Maps 6 & 7 ~~ ~~1Oi° ~' .,n ~~Wa . Grant Deed v ~H Do N cn w z c. o. 14945089 v^ of azv APN: 366-22-022 ~ ~ m w ff' w a y ~ a n zm O N02°34'48"W 165.00' DQ_ ~' - -- ' a r 20 !+125' ' 45 fti 1 w ao - 120.00 `T cv - f O ~t- (*7 ~ovm • I N `v Berto Development, =' u m ° N. I i~ O Q z 0 m a General Partnership ~ ¢~ Q ~O1 I~ N ~ I ~ o cv O Ha RECORD OF SURVEY o--~ am m 3 77 Maps 2 Q6~ l'-' m ~ ~ o H~ c .~ m ~ Grant Deed TP,~O~ 3 +~'Ima~ z ~, o¢ v Doc. No. 13528937 20tip/ m "~N ~~cNQ I / " ~- ~o APN: 366-22-023 P~j -Q y 10 o ~ P \0 N r , U ~ U O ti~ ap i~ ~ Mn c 0. \ O m oz W as \ ~ _ iO ~ ~ m N \ o_ ~ ~' \ Uo :,° - ~ ~\ / ~ m low o ° (~ . S09° 13' 48 ~" c°n ~ \ ~'60 0 ° Ic' u71 mm O 0y O\ y,P ~~cl~' I l1 160 .04' ~¢m ~r/ ~s~o~/aPQ ~P ~ p=49°57'10' i o '~ / ~~, R= 20.00' I / F L= 17.44'I I _- 16.66'19.76' '~. __ Q7°37'02" s14'jg0•~2• ~~~ I ~IS036 42~Q= 7 , • ~~ j~ ~ \ I m R= 190.00 Ls 4 '~ rnl~ ~ O ~~ ~Iv ~~ o S2 'R I I - g, ~ I~ ~ ~ ~6 • s4 1~9 12°~ I \\ X ~ ~ B• t ~ ~ I_ _ 176.34' ~~ _ N01°30'40"E 743.24' Centerline SARATOGA-SUNNYVALE ROAD SCALE 1"=40' \ SARATOGA-SUNNYVALE ROAD s This lat p epared y me. LAMJ,LAYt CA~nrwl ~~ ~~B Sd t0 ~~5~v~`~~~b5` City of Saratoga REN E . McDOWELL, ~ ~g ,~~ Land Surveyor No. 3414 13 cXr GATE: 3-11-05 License Expires 06-30-2006 'p~~"~~°r'"' ~~ec SCALE: 1"= 40' 7974 Pumpkin Drive ~~fP,y~l~~4 PAGE 1 of 2 Cupertino CA 95014 1S12DDLE EXHIBIT "B" A Landscape Easement over and across the Lands of Berto Development, a General Partnership to be conveyed to the City of Saratoga, County of Santa Clara, State of California. All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being a portion of the Lands of Berto Development, a General Partnership. COMMENCING at the Northwesterly corner of the Parcel of Land conveyed by Blue Hills Partners, a Limited Partnership, to Berto Development, a General Partnership, by Deed dated November 13, 1996 and recorded November 20, 1996 in Document 13528937 Official Records in the office of the Recorder of the County of Santa Clara, State of California; THENCE Easterly, from the Point of Commencement, North 87°25' 12" East for a distance of 44.00 feet to the True Point of Beginning of this description; THENCE continuing Easterly, from the True Point of Beginning, 29.19 feet to a point of curvature; THENCE Southeasterly, along the arc of tangent curve to the right, with a radius of 110.00 feet, through a central angle of 21 °02' 19", for a length of 40.39 feet to a point of compound curvature; THENCE Southeasterly, along the arc of anon-tangent curve to the right from a tangent bearing South 17°32'23" East, with a radius of 20.00 feet, through a central angle of 49°57' 10" for a length of 17.44 feet to a point of compound curvature; THENCE Southerly, along the arc of anon-tangent curve to the right from a tangent bearing South 21 °35' 13" East, with a radius of 190.00 feet through a central angle of 14°23'25" for a length of 47.72 feet to a point on curve; THENCE Southerly, along the arc of anon-tangent curve to the right from a tangent bearing South 07° 11'48" East, with a radius of 190.00 feet through a central angle of 07°37'02" for a length of 25.26 feet to a point of tangency; THENCE continuing Southerly, South 00°25' 13" West for a distance of 19.76 feet to a point of curvature; THENCE Northwesterly, along the arc of anon-tangent curve to the right from a tangent bearing North 64°21' 15" West, with a radius of 36.00 feet through a central angle of 48°31'52" for a length of 30.49 feet to a point of reverse curvature; THENCE Northerly, along the arc of anon-tangent curve to the left from a bearing North 15°49'23" West, with a radius of 30.00 feet through a central angle of 28°53'05" for a length of 15.12 feet to a point of tangency; THENCE Northwesterly, North 44°42'28" West for a distance of 8.63 feet; THENCE Northeasterly, North 45°17'32" East for a distance of 20.00 feet; THENCE Northwesterly, North 44°42'28" West for a distance of 60.00 feet; THENCE Southwesterly, South 45°17'32" West for a distance of 20.00 feet; THENCE Northwesterly, North 44°42'28" West for a distance of 20.14 feet to a point of curvature; THENCE Northerly, along the arc of a tangent curve to the right, with a radius of 24.00 feet through a central angle of 23°36'48" for a length of 9.89 feet to the True Point of Beginning. This description prepared by the undersigned: 03-11-2005 ~~~~ . [i7/" ` arren E. McDowell Land Surveyor No. 3414 License expires: 06-30-2006 j/ c~~- r"a`a, "iY ~ 9r~ ~1a sill ~ we E d' ~6, ~ 10 .> R Point Bearing Distance N Coordinates E UNION STATION LOT 52 10689.002 9821.329 NORTHWEST CORNER N 87/25/12 E 73.19 53 10692.297 9894.448 S 02/34/47 E 110.00 54 Arc center 10582.408 9899.399 D= 21/02/19 L= 40.39 C= 40.17 ST= 20.43 N 18/27/32 E 110.00 55 10686.749 9934.228 S 18/27/37 W 20.00 56 Arc center 10667.778 9927.895 D= 49/57/10 L= 17.44 C= 16.89 ST= 9.32 N 68/24/47 E 20.00 57 10675.136 9946.492 S 68/24/47 W 190.00 58 Arc center 10605.233 9769.819 D= 14/23/25 L= 47.72 C= 47.59 ST= 23.99 N 82/48/12 E 190.00 59 10629.035 9958.322 S 82/48/12 W 190.00 58 Arc center 10605.233 9769.819 D= 7/37/02 L= 25.26 C= 25.24 ST= 12.65 S 89/34/46 E 190.00 64 10603.838 9959.814 S 00/25/13 W 36.42 65 10567.416 9959.546 N 89/15/48 W 132.83 49 10569.123 9826.730 N 02/34/48 W 120.00 52 10689.002 9821.329 Area = 16009.411 Sq Ft 0.3675 Acres CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ ~~~ ~~ ~~~~ ss. On O ~ ~ ~ ,before me, Date i personally appeared DANA LYNN BINAIDI N i.i ~ Comm. # 1431639 'L~ NO N ?. 'x`-"'' URY PUBLIGCAOfORNId sanla Cfu7 County - '~ ~ M C , . Y omm. f~pires July 1U, 1007 ' ;Jane Doe, Notary Public") ^ personally known to me Cl 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. W TNESS my ha d and official seal. ~~ ~L t~ ~~ lgn Wre of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ~ Title or Type of Document: (~'~~'l.~ ~~ ~r"(~~1~~~~(--'\~ 1'l fA ~.fiV~4--'t/~ Document Date: ~ ~ ~~' ~ ( ____ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: i-! Individual ~ Top of ihumh here Corporate Officer -Title(s): _ _ _ '~~ Partner-C Limited ^ General ^ Attorney in Fact L! Trustee Ll Guardian or Conservator n Other: Signer Is Representing: _ _ __ 7 199] National Notary Association • 9350 De Solo Ave.. PO. Box 2402 • Chalsworlh, CA 91313-2402 Prod. No. 590] Raordec Call Toll-Free 1-800-a]6-602]