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Resolution 36-B-258 Berto Development 09-07-2005
Recording requested by, and to be returned to: City of Saratoga Office of the City Clerk 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 36-B-258 RESOLUTION ACCEPTING OFFER OF DEDICATION WHEREAS, a portion of the lands of Berto Development , a General Partnership, have executed an Offer to Dedicate an easement and right of way for a public city street over said property, 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"' day of September, 2005, at a regular meeting of the City Council of Saratoga by the following vote: AYES: Councilmembers Nick Streit, Ann Waltonsmith, Vice Mayor Norma Kline, Mayor Kathleen King NOES: None ABSENT: Councilmember Aileen Kao ABSTAIN: None ~~,~`'' Kathleen M. King, Mayor RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES 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 irrevocably offer to dedicate to the City of Saratoga, a Municipal Corporation, an easement and right of way for a public city street (including all trees or growth presently growing or as may be grown within said right of way) 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. The undersigned understand that the within offer can only be accepted by resolution of the City Council of the City of Saratoga pursuant to Streets and Highways Code Section 1806 of the State of California, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular shall include the plural. Executed thi~ day or/dc~'-°~20~ . , ~ 1e~hn ~ r-t-C~1 c~ (All signatures must be acknowledged before a Notary Public -attach either corporate, individual or partnership notary form.) EXHIBIT 'A' Donna Blue Hills 3 10 '~ LL ~ , C PARCEL MAP - I"o-`A• ~ 593 Maps 6 6 7 0~ ~ ~~1Oi° o Grant Deed ~N ~~~~~ i m DDC. No. 14945089 ~, oloafv AP " m N: 366-22-022 ~'m ` c~ dam z z z ~ ~ N02°34'48"W 165.00'm _ - -1--- ' 45' a rZi 120 w _ 120.00' 25 m m m ~' Q w O I W Berto Development, W i I~ -i O1 w ~ N Q ~ o N ~- . a General Partnership ~;~ 3 RE ~ ~ ~-, Z CORD OF SURVEY n n o ( -' m r Z o o a N m 77 Maps 2 Grant Deed `" I Z r cD ~n - Doc. No. 13528937 ~~ o m U m m APN: 366-22-023 ~~Zr, w z a z m + mo o1TOm c ~ a ti om o _ _-- ~ ~v° F~ ~I Q yy'' i09° 93'48" I N . p4 160• D=49°57'i0~ '1 R= 20.00 ~ L= 17.44'1 I _ ~S00°25' 3:W 14,90.00 ~ \ I v1 36.42' DG.Q7°37'02" 47 72 O ~~ I ~ 0 ~ I m d ~\ .~1 i \\ o Sep 9 I 1 S ~ ~ ~ 6. 5- c°D 1~ 1 \ ~~'9 I 17 ' ~ _ _ 6.34 _ ~\ vQ N01°30'40"E 743.24' centerline t SARATOGA-SUNNYVALE ROAD -} SCALE i"=40' \ SARATOGA-SUNNYVALE ROAD This flat pr,¢pared~y/me. N7kRREN E. McDOWELL, Land Surveyor No. 3414 License Expires 06-30-2006 7974 Pumpkin Drive Cupertino CA 95014 iTREET DEDICATIOP t0 City of Saratoga DATE: 3-10-05 SCALE: 1"= 40' PAGE 1 of 2 1 S 12DDSD EXHIBIT "B" A street dedication of a portion of Saratoga- Sunnyvale Road street alignment over and across the lands of Berto Development, a Limited 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 Saratoga-Sunnyvale Road said portion of street being more particularly described as follows: BEGINNING at the most Easterly corner of the Parcel of Land conveyed by H. Taylor Peery, also known as Horace Taylor Peery, et al, to Guy W. Meek, et al, by Deed dated April 27, 1955 and recorded May 3, 1955 in Book 3158 of Official Records, page 513, in the office of the Recorder of the County of Santa Clara, State of California, being at the point of intersection of the centerline of Prospect Road, 40 feet wide with the centerline of the Saratoga-Sunnyvale Road, 40 feet wide; THENCE Southwesterly, from the Point of Beginning, along the former centerline of said Sazatoga-Sunnyvale Road, being also the Easterly line of said Meek parcel, South 28° 16' 12"West for a distance of 129.38 feet to a point of curvature, said point also being the Southerly corner of that certain Street Dedication to the County of Santa Clara as described in Book 3677 of Official Records at page 73 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Southeasterly, along the arc of anon-tangent curve to the right from a tangent bearing Sl6°33'39"E, 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 Southerly, South 00°25' 19" West for a distance of 25.54 feet; THENCE Southeasterly, South 89° 15'48" East for a distance of 55.41 feet to a point on the centerline of aforesaid Saratoga-Sunnyvale Road; THENCE Northerly, along said centerline of Saratoga-Sunnyvale Road, North Ol°30'40" East for a distance of 176.34 feet to the Point of Beginning. (1) Area: 6804.980 Sq.Ft. 0.1562 Acres This description prepared by the undersigned: ~p lAtl~ S~ 03-1 2005 W?5 .•~~ ~''^+ 9~.n G' ~~ti ~~ o Yo, s1i4 ~ ,~ en E. cDowell Land Surveyor No. 3414 ~~,tir„~~~; ~?~ License expires: 06-30-2006 ''~~t„~,ig~p (2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of ~~(;~~`~ ~ t(,ri7~~ ss. On ~~ (J~ ,before me, ~~~~- I \~ r~ ~ , Oate Nam antl Title of Otncer (e g., "Jane Dce, Notary Public'j personally appeared `~o~ -~Y~CILg{f1• , Name(s) of Signer(s) ^ personally known to me f l proved to me on the basis of satisfactory evidence DANA LYNN RINALDI Comm. A 1431639 NOURY r0BL16CAMFORNIA N Bonlp Crut County •'~ My Comm. hplres Julp 20.2007 " Place Notary Seal Above 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. WITNESS my han and official seal. SignaW a of Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o(this fomr to another document. Description of Attached DoSumen J ` Title or Type of Document: ~'~'"~~Y ~ ~i~G/ 1 %r~ l.r` ~C~~ ~ ~T7 ~ Document Date: ~ c~il(`' ) Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: LJ Individual ^ Corporate Officer-Title(s): _ ^ Partner-^ Limited ^ General ;l Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here © 199] National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, GA 91313-2402 Prod. No. 590] Reortler: Gall Toll-Free i-fio0-876-682]