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Home My WebLink AboutCity Council Resolution 22-034 Accepting Grant of Landscape Easement 12792 Miller AvenueRecording requested by, And to be returned to: City of Saratoga Office of the City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO.22-034 RESOLUTION ACCEPTING GRANT OF LANDSCAPE EASEMENT WHEREAS, Sandra Lee Andris and Robert Peter Andris II, wife and Husband Trustees of the Andris Family Trust dated February 9, 2016, have executed a grant of landscape easement over a portion of their land for a permanent easement for landscape and other improvements, said grant attached hereto and to be recorded concurrently herewith. NOW, THEREFORE, the City Council of the City of Saratoga hereby accepts the aforementioned grant of Landscape Easement and directs a copy of this resolution and the Grant 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 7th day of September, 2022, at a regular meeting of the City Council of Saratoga by the following vote: AYES: COUNCIL MEMBERS KUMAR, ZHAO, VICE MAYOR FITZSIMMONS, MAYOR WALIA NOES: NONE ABSENT: COUNCIL MEMBER BERNALD ABSTAIN: NONE Tina Walia, Mayor ATTEST: Britt Avrit, City Clerk 1548141.1 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 GRANT OF LANDSCAPE EASEMENT This GRANT OF LANDSCAPE EASEMENT is made and entered into by and between Sandra Lee Andris and Robert Peter Andris II, wife and husband Trustees of the Andris Family Trust, dated February 9, 2016 ("Grantor") and THE CITY OF SARATOGA, a municipal corporation ("Grantee" or "City"). RECITALS This grant of landscape easement is made with reference to the following facts. A. Grantor warrants and represents that it is the sole owner in fee simple of the property identified below and more fully described in Exhibit "A" (the "Property") generally located at 12792 Miller Avenue in the City of Saratoga, the County of Santa Clara, in the State of California. The Property is also referenced as Assessor's Parcel Number 386-47- 036. B. The portion of the Property that is subject to this Easement is shown on the plan attached as Exhibit `B" (the "Easement Area"). C. The purpose of this Easement is to dedicate to the City of Saratoga a landscaping easement and right of entry over the Easement Area as further described herein. NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions herein set forth, Grantor and Grantee hereby agree as follows: 1. GRANT OF EASEMENT. Grantor, for itself, its heirs, successors and assigns, hereby grants and conveys this offer to grant and convey to the City consistent with the conditions, rights, and obligations set forth below, the easements over the Easement Area. 2. OFFER BINDING ON SUCCESSORS IN INTEREST This grant of easement affects the title or possession of the Property. All the terms, covenants and conditions of this grant shall be binding upon and inure to the benefit of the Property and shall continue as a servitude running in perpetuity. The terms "Grantor" and "City," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above -named Grantor's and City's successors and assigns. 3. LANDSCAPING EASEMENT AND RIGHT OF ENTRY Grantor hereby grants and conveys the following with respect to the Easement Area as of the date this grant of easement is accepted by the City: A. A permanent and perpetual exclusive easement for the design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including a monument sign with a fence between the sign and the remainder of Grantor's property, trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and lighting facilities including the repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. No structure in the Easement Area may exceed eight feet in height. B. A right of entry by the City, its employees, agents, contractors, successors, and assigns to maintain the landscaping and otherwise address matters of public health, safety, and welfare. The foregoing easement and right of entry is for public use and is necessary for the creation and maintenance of neighborhood landscaping. 4. CONDITION OF EASEMENT AREA The Easement Area is to be kept open and free from any modifications or improvements or uses by Grantor or its assigns that would interfere with the uses contemplated by this Easement. City agrees that a shed or similar structure located behind the fence (on the side facing away from the street) does not interfere with the uses contemplated by this Easement provided that there is a 30 inch wide access area behind the fence for maintenance. Improvements built by City pursuant to this agreement shall be maintained by City. 5. WARRANTY Grantor warrants to City that: A. The Easement Area is, as of the date this grant of easement is executed by Grantor, free and clear of all liens or, if it is not, that Grantor has obtained and attached to this grant of easement as an exhibit the legally binding subordination of any mortgage, lien, or other encumbrance affecting the Easement Area as of the date this grant of easement is executed by Grantor. B. No one has the legally enforceable right (for example, under a lease, easement or right- of-way agreement in existence as of the date this grant of easement is executed by 2 Grantor) to prevent the use of the Easement area for the purposes contemplated by this grant of easement. C. To the best of Grantor's knowledge, the Easement Area is not contaminated with materials identified as hazardous or toxic under applicable law and no such materials have been stored or generated within the Easement Area. 6. INDEMNITY The City shall indemnify, defend, and hold harmless Grantor from and against any and all loss, liability, expense, claim costs, fines, penalties, consequences, and suits and damages to the extent arising from the City's negligence or willful misconduct in connection with its activities under this grant of easement, except to the extent caused by the negligence or willful misconduct of Grantor. 7. CONTROLLING LAW This Grant of Landscape Easement is made in the State of California and shall be construed and interpreted in accordance with the laws of said state. Paragraph headings and captions contained herein are for convenience of reference only and are not to be used in the interpretation of this grant of easement. In no event will any failure by City or Grantor to enforce any right, covenant or restriction contained in this grant of easement be deemed a waiver of the right to enforce such a right, covenant or restriction or any other right, covenant or restriction thereafter. 8. NOTICES Any notices required by this grant of easement or correspondence between the parties shall be addressed as follows, unless the parties shall provide written notice of a change: Grantor: Sandra Lee Andris and Robert Peter Andris II 12792 Miller Avenue Saratoga, CA 95070 City: John Cherbone, Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1200 With a copy to (which copy shall not constitute notice): City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This grant of easement together with the exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements with respect thereto. 10. ACCEPTANCE The undersigned understands that the within grant of easement 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. 11. RECORDING City shall cause this Grant of Landscape Easement to be recorded in the Official Records of Santa Clara County. City shall pay any recording fees and costs and shall provide to Grantor a conformed copy of the recorded document promptly following recordation thereof. IN WITNESS WHEREOF, Grantor has duly executed this Offer as of the day and year stated below. GRANTOR By: Its: n-1 ✓R� �� t Date: 12-24 -;! ;2 By: Its: Date: ---4- - ! Z._ - &Z (All signatures must be acknowledged before a Notary Public - attach either corporate, individual or partnership notary form.) Exhibit List Exhibit A - Property Description Exhibit B - Easement Area CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documenttowhichthiscertificate is attached, and notthetruthfuIness, accuracy, orvalidityofthat documen I. State of California Count anta Clara On . /�jyczeforeme, Christina M. Guerra, Notary Public Month Day Year n A _ n _ ` 't Here Insert Name and �itle of >�e Officer A a .. A personally appeared (1) (and (2)NV,I 9 4 -F' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p (s) whose name(s e subscr' to the within instrument and acknowledge me that he executed the same ' ei authorized capacity(ies), and that by �thei signature(s) own In the person(s), or the I y upon behalf of which the person(s) acted, executed the instrument. CHRISTINA M. GUERRA Notary Public • California Santa Clara County Commission k 2323073 *My Comm. Expires Mar 30, 2024 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS C�7jlLd►�/1� Signature of Notary Public 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 Document Title or Type of Document nSwa�kf Document Date: Number of Pages: W"nt er an Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -Title(s): ❑ Partner ❑ Limited EL General ❑ Individual Attorney in Fact ❑ Trustee _j Guardian or Conservator Signer's Name: []Corporate Officer -Title(s): ❑ Partner L " Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Christina M. GUerra Notary Public, Loan Signing Agent 408-497-5114 info@cmgnotary.com Commission # 2323073 Expires: I\Jarch 30th, 2024 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Saratoga by the foregoing GRANT OF LANDSCAPE EASEMENT, which is dated , and executed by , is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. , dated . The City of Saratoga, as grantee, consents to recordation of said GRANT OF LANDSCAPE EASEMENT. James Lindsay City Manager Attest: Britt Avrit City Clerk Approved as to form: Richard Taylor City Attorney Date: 5 Exhibit A — Property Description All of Parcel C, as shown upon that certain Map recorded in the Office of the Recorder in the County of Santa Clara, State of California, on May 21, 1976 in Book 371 of Maps at Page 51. APN: 386-47-036 III W September 1, 2021 BKF Job No: 20211095-40 _e_� IdApArm LEGAL DESCRIPTION EXHIBIT B: LANDSCAPE EASEMENT 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Real property situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of Parcel C as shown on that certain Parcel Map filed on April 14, 1976 in Book 371 of Maps at Page 51 in the Office of the County Recorder, more particularly described as follows: COMMENCING at the centerline intersection of Cox Ave. and Miller Ave. as shown on said map, thence northerly along the centerline of Miller Ave. North 4°34'00" East, 52.63 feet; Thence perpendicular to the last described course South 85°26'00" East, 30.00 feet to the westerly line of said Parcel C, being also the TRUE POINT OF BEGINNING of this description; Thence leaving said westerly line southeasterly along a non -tangent curve having a radius of 25.00 feet, concave southwest, from said point a radial line bears South 2° 10' 15" West, through a central angle of 87°00'45", a distance of 37.97 feet to the southerly line of said Parcel C; Thence along the southerly and westerly lines of said Parcel C the following three (3) courses: 1) North 85°26'00" West, 5.93 feet to the beginning of a curve to the right, having a radius of 20.00 feet; 2) Along said curve, through a central angle of 90°00'00", for an arc length of 31.42 feet; 3) North 4°34'00" East, 2.63 feet to the TRUE POINT OF BEGINNING. Containing 370 square feet, more or less. END OF DESCRIPTION. As shown on plat attached hereto and by this reference made part hereof. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 09/01 /2021 Dated DAVIS THRESH No. 6868 Page 1 of 1 W a I w U-)I _ol I NI �I S85'26'00"E 30.00 L2 LEGEND POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING (R) = RADIAL BEARING TPOB Q 00,17011 0 00,00. �r a- z POC COX AVE. = CENTERLINE = DESCRIBED AREA = LOT LINE LINE TABLE DIRECTION LENGTH L1 N85'26'00"W 5.93' L2 N4'34'00"E 2.63' PARCEL C 371 Ail 51 LANDSCAPE EASEMENT 370 SQ. FT.f EXISTING 3FT. FENCE EASEMENT 20 0 10 N (SCALE IN FEET) 4670 WILLOW ROAD Subject EXHIBIT B SUITE250 PLAT TO ACCOMPANY LEGAL DESCRIPTION PLEASANTON, CA 94588 Job No. 20211095 (925) 396-7700 By MGR Date 9 1 21 Chkd.WS www.bkf.com SHEET 1 OF 1