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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. �i ...<o..� -�.,.,__.... .1,.a••�.�1,��,i._! Signature l �' (SeM) I'AI'di��...»».. (Sign lure of Notary Public) or.onisslcn No. 2187647 r a i _ y , NOTARY PUBLIC-CALIFORNIA �. n ' 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 * �., 4g�� 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 co LOT 31 ,V�� 12M34 PAULJENSEN PROFESSIONAL LAND SURVEYOR OCT 2019 � IN 0 or - M Traverse PC