HomeMy WebLinkAboutCity Council Resolution 96-55 DOCUMENT: 13514165 Titles 1 / Pages: 9 "~e
]'axes.
Cop i es.
Recording re~ested by ,ee~:5~ss~ ANT PAID
and to be returned to:
City of Saratoga DRENDA DAVIS RDE
Department o~ ~b~c Wo~s SANTA CLARA COUNTY RECORDER
13777 F~itvale Avenue Recorded at the request o~ 3:el
Saratoga, ~ 950?0 City
RESOLUTION NO. 96-55
RESOLUTION ACCEPTING OFFERS OF DEDICATION
WHEREAS, Marion F. Dutro and Mary L. Dutro, the owners of 20825
Pamela Way (APN 517-07-014) and 20820 Big Basin Way (APN 517-07-
007) in the City of Saratoga, have executed Offers to Dedicate a
Public Storm Drainage Easement over said properties, said Offers
identified as Exhibits A & B attached hereto.
NOW, THEREFOR, the City Council of the City of Saratoga hereby
accepts the aforementioned Offers attached as Exhibits A & B and
directs a copy of this Resolution to be recorded with the attached
Exhibits A & B in the Office of the County Recorder for Santa Clara
County.
PASSED and ADOPTED at a regular meeting of the City Council of the
City of Saratoga held on the 2nd day of ...October ,
1996, by the following vote:
AYES: Council~s Burger, MDran, Tucker, Wolfe and Mayor Jacobs
U~ NOES: None
~ ~ ABSENT: None
.......... ~ (ABSTAIN: None
'~
L:'. T! ~.,,,
E.. :..-
0 I.- O~TGI~L
Exhibit A
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT
APN 517-07-014
LOT 10, TRACT 416
20825 PAMELA WAY
For valuable consideration, the undersigned owners of real property
situated in the City of Saratoga, County of Santa Clara, State of
California, and more particularly described in Exhibit A attached
hereto, 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, a Public Storm Drainage Easement under,
over, and across said property.
Said easement is offered with the following terms and conditions:
1. The easement is for the sole purpose of installing,
operating and maintaining a public storm drainage line and
appurtenant drainage facilities. The City shall be fully
responsible for the drainage line and appurtenant facilities, and
any required maintenance thereof and repairs thereto.
2. City shall endeavor whenever possible to provide owners
with 24 hours advance notice before accessing the easement to
perform maintenance or repair activities in connection with the
drainage line and/or appurtenant facilities. However, the
inability of the City to contact owners shall not in any way
preclude access to the easement by either the City or its
authorized agents. In the event of an emergency, the City and/or
C3 its agents shall have full and immediate access to the easement
ua
e: 3. The easement shall be kept free and clear at all times of
<[ ~ any permanent structures and other physical encumbrances which
iC ~ [::~'~ would prevent access to the easement and any portion thereof,
...... ~..ILi {including the drainage line and appurtenant facilities.
el'i ~.., ~.. Iiiii] 4. City shall, in a timely manner, restore owners' property,
.[,;~ ~'~:::::.easement, to conditions existing prior to entrance
~-,. property, after the performance of any maintenance,
7 ...":~epairs or other activities in connection with the drainage line
L~..?.. 'J'~nd appurtenant facilities.
[L.i ....::,,,.;::. >- ORmSmNm.
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. 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 this 20th day of S.eptember ., 19 96
Marion F. Dutro Mary L. Dutro
(All signatures must be acknowledged before a Notary Public -
attach either a corporate, individual or partnership notary form.)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On the 20th day of September, 1996, before me, Grace E.
Cory, Deputy City Clerk, personally appeared Marion F. Dutro
and Mary L. Dutro, proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed
the same in their authorized capacity and that by their ,
signatures on the instrument the person or the entity upon
behalf of which the persons acted executed the instrument.
Witness my hand and official seal of the City of Saratoga.
Grace E. Cory, Deity City cke~k
Gov. Code 40814
ORIGINAL
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LANDS OF DUTRO
8-FOOT WIDE STORM DRAIN EASEMENT, THE CENTER LINE OF WHICH IS MEREIN
DESCRIBED AS FOLLOWS:
Beginning at the most easterly corner of Lot 10, Tract 416, which map was
filed in Book 12 of Maps, at page 53, Santa Clara County Records; thence
along the dividing line between Lots 10 and i North 38 Degrees 38 Minutes
West a distance of 76.19 feet to the centerline of said 8-foot wide Storm
Drain Easement, and the True Point of Beginning of this description;
thence along the center line of said Storm Drain Easement South 82 Degrees 21
Minutes 30 Seconds West a distance of 10.83 feet; thence North 34 Degrees 33
Minutes 37 Seconds West a distance of 30.29 feet; thence South 89 Degrees 43
Minutes 02 Seconds West a distance of 33.73 feet; thence South 16 Degrees 14
Minutes 59 Seconds West a distance of 19.73 feet; thence South 66 Degrees 43
Minutes 21 Seconds West a distance of 6.96 feet to a point in the
southeasterly right of way line of Congress Springs Road and northwesterly
line of lands as described in a deed recorded in Book N 731 of deeds, page
2140, Official Records of Santa Clara County, California.
the center line of existing storm drain line thence continues on following
coursess and distances within the existing right of way of congress Springs
Road: South 66 Degrees 43 Minutes 21 Seconds West a distance of 22.11 feet;
thence Sou~h 27 Degrees 24 Minutes 33 Seconds West a distance of 60.63 feet;
thence South 56 Degrees 31 Minutes 44 Seconds West a distance of 10.01 feet
to the southeasterly right of way of congress Springs Road; said portion of
the existing storm drain within the right of way of Congress Springs Road is
not a part of the 8-foot wide Storm Drain Easement herein described;
the centerline of Storm Drain Easement thence continues within lands as
described in a said deed recorded in Book N 731 of deeds, page 2140, Official
Records of Santa Clara County, South 56 Degrees 31 Minutes 44 Seconds West a
distance of 28.46 feet to the westerly line of said lands, and the terminus
of said 8-foot Storm Drain Easement.
ORIGINAL
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT
APN 517-07-007
20820 BIG BASIN WAY
For valuable consideration, the undersigned owners of real property
situated in the City of Saratoga, County of Santa Clara, State of
California, and more particularly described in Exhibit A attached
hereto, 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, a Public Storm Drainage Easement under,
over, and across said property.
Said easement is offered with the following terms and conditions:
1. The easement is for the sole purpose of installing,
operating and maintaining a public storm drainage line and
appurtenant drainage facilities. The City shall be fully
responsible for the drainage line and appurtenant facilities, and
any required maintenance thereof and repairs thereto.
2. City shall endeavor whenever possible to provide owners
with 24 hours advance notice before accessing the easement to
perform maintenance or repair activities in connection with the
drainage line and/or appurtenant facilities. However, the
inability of the City to contact owners shall not in any way
preclude access to the easement by either the City or its
authorized agents. In the event of an emergency, the City and/or
its agents shall have full and inunediate access to the easement.
~ 3. The easement shall be kept free and clear at all times of
~ny permanent structures and other physical encumbrances which
~would prevent access to the easement and any portion thereof,
~ncluding the drainage line and appurtenant facilities.
~ 4. City shall, in a timely manner, restore owners' property,
including the easement, to conditions existing prior to entrance
~nto.owners' property, after the performance of any maintenance,
repairs or other activities in connection with the drainage line
~nd appurtenant facilities.
ORIGINAL
The undersigned understands that the within offer can only be
accepted byresolution 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. 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 this 20th day of September , 19 96
Marion F. Dutro Mary L. Dutro
(All signatures must be acknowledged before a Notary Public -
attach either a corporate, individual or partnership notary form.)
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LANDS OF DUTRO
8-FOOT WIDE STORM DRAIN EASEMENT, THE CENTER LINE OF WHICH IS HEREIN
DESCRIBED AS FOLLOWS:
Beginning at the most easterly corner of Lot 10, Tract 416, which map was
filed in Book 12 of Maps, at page 53, Santa Clara County Records; thence
along the dividing line between Lots 10 and I North 38 Degrees 38 Minutes
West a distance of 76.19 feet to the centerline of said 8-foot wide Storm
Drain Easement, and the True Point of Beginning of this description;
thence along the center line of said Storm Drain Easement South 82 Degrees 21
Minutes 30 Seconds West a distance of 10.83 feet; thence North 34 Degrees 33
Minutes 37 Seconds West a distance of 30.29 feet; thence South 89 Degrees 43
Minutes 02 Seconds West a distance of 33.73 feet; thence South 16 Degrees 14
Minutes 59 Seconds West a distance of 19.73 feet; thence South 66 Degrees 43
Minutes 21 Seconds West a distance of 6.96 feet to a point in the
southeasterly right of way line of Congress Springs Road and northwesterly
line of lands as described in a deed recorded in Book N 731 of deeds, page
2140, Official Records of Santa Clara County, California.
the center line of existing storm drain line thence continues on following
coursess and distances within the existing right of way of Congress Springs
Road: South 66 Degrees 43 Minutes 21 Seconds West a distance of 22.11 feet;
thence South 27 Degrees 24 Minutes 33 Seconds West a distance of 60.63 feet;
thence South 56 Degrees 31 Minutes 44 Seconds West a distance of 10.01 feet
to the southeasterly right of way of Congress Springs Road; said portion of
the existing storm drain within the right of way of Congress Springs Road is
not a part of the 8-foot wide Storm Drain Easement herein described;
the centerline of Storm Drain Easement thence continues within lands as
described in a said deed recorded in Book N 731 of deeds, page 2140, Official
Records of Santa Clara County, South 56 Degrees 31 Minutes 44 Seconds West a
distance of 28.46 feet to the westerly line of said lands, and the terminus
of said S-foot Storm Drain Easement.
ORIGINAL
ORIGINAL
Section 1.
By unanimous vote of the City Council the appeal from the Decision of the
Hearing Officer is hereby denied and the Decision, with the exception of one
modification, is affirmed in its entirety and incorporated herein by this reference; the
one modification being an extension of the date by which the applicants must reduce
the number of dogs on the premises at 13765 Saratoga Avenue to no more than two,
from September 30, 1996 to October 15, 1996. This extension is granted in
consideration of a representation made by applicants that a contract of sale has been
entered into for the sale of the subject property and that applicants will be vacating
the subject property as of October 15, 1996.
Section 2.
Should the applicants fail or refuse to reduce the number of dogs maintained
on the subiect property to no more than two by October 15, 1996, it is expressly
understood that the applicants will be subiect to any and all penalties of either a
criminal or civil nature, or both, which may be imposed by the City of Saratoga.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the .18 ...... day of sept., 1996, by the following vote:
AYES: ccllnci~s Burger, biDran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT: ~bne
ABSTAIN: None
Mayor
ATTEST:
'Deputy City Cler~f'
I:\WPDXMNRSW%273XPdiS96XMALISH.DEC
2