HomeMy WebLinkAboutCity Council Resolution 22-035 Accepting Grant of Landscape Easement 12799 Miller Avenue Recording requested by,
And to be returned to:
City of Saratoga
Office of the City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
RESOLUTION NO. 22-035
RESOLUTION ACCEPTING GRANT OF LANDSCAPE EASEMENT
WHEREAS, Rogelio N. Diaz and Maria R. Diaz as joint tenants, 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 7t" 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 � ��
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Tina Walia, Mayor
ATTEST:
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Britt Avrit, City Clerk
1548142.1
RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
Ciiy 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 R�elio
N. Diaz and Maria R. Diaz,husband and wife as joint tenants ("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 12799 Miller Avenue in the City of Saratoga,the County of Santa Clara, in the
State of California. The Properly is also referenced as Assessor's Parcel Number 386-40-
031.
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
Properiy and shall continue as a servitude running in perpetuity. The terms"Grantor"and
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"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 nnortgage, 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
Grantor)to prevent the use of the Easement area for the purposes contemplated by this
grant of easement.
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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: Rogelio N. Diaz and Maria R. Diaz
12799 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
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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 WIT'NESS WHEREOF, Grantor has duly executed this Offer as of the day and year stated
below.
GRANTO
By: ,
Its: 12�c� �I D N DI�z
Date: � �� �zz-
By:
Its: Nf A►� 1�. -��OSA��� �Dl��
Date: 5,��}�"/Zo zZ
(All signatures must be acknowledged before a Notary Public-attach either corporate,
individual or partnership notary form.)
E�ibit List
Exhibit A-Property Description
Exhibit B -Easement Area
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public orother officercompleting this certificate verifies only the identity of the individual who signed the
documenttowhichthiscertificate is attached,and notthetruthfulness,accuracy,orvalidityofthatdocument.
State of California )
Countyof Santa Clara )
on before me, Christina M. Guerra. Notary Public
Mo th ay Year Here Ins Nam and Title of the Officer
personally appeared (1) . �
.
(and(2) � )
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the p on(s)whose name(s) ' re ubscr'
to the within instrument and acknowledged t me that the executed the same i ' their
authorized capacity(ies), and that by JfiiSfITL� eir signature(s) on t instrument the person(s), or the en y
upon behalf of which the person(s)acted, exe ed the instrument.
ertify under PENALTY OF PERJURY under the laws
o the State of California that the foregoing paragraph
i true and correct.
�,,`,��,,, CHRISTINA M.GUERRA ITNESS my hand a sea.
�' ; Notary Public•California
� W � Santa Clara County �
Y +° Commission a 2323073
'��a""�� My Comm,Explres Mar 30,2024
Signature of Notary Public
Place Norary Seal Above
OPTIOIVAL
Though this secfion is opfional, completing this information can deter alteration of the document or
fraudulent reattachment of this form fo an unintended document.
Description of Attached Document
Title or Type of Document: ocument Date:
Number of Pages: ""�'f er s the an Named Above: (V
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
�-_; Corporate Officer-Title(s): �-i Corporate Officer-Title(s):
❑ Partner ❑Limited ❑General �Partner ❑ Limited i� General
_�' Individual J Attorney in Fact ❑Individual !��Attomey in Fact
`fJ' Trustee ❑Guardian or Conservator !-'Trustee '_^ Guardian or Conservator
��Other: _�] Other.
Signer Is Representing: Signer Is Representing:
Christina M. Guerra
Notaiy Public, Lo�n Signing Agenl
�408��497-5�1 14 :: info@cmgnotary.com
Cornmission #2323073
Expires: iVl�rrh 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 Date:
City Manager
Attest:
Britt Avrit
City Clerk
Approved as to form:
Richard Taylor
City Attorney
***************�****�********�*�**�*�****��*�******���**�***********�**�x
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Exhibit A—Property Description
Lot l,as delineated upon that certain Map entitled"Tract No. 4572, Prides Crossing South,"
filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on
December 4�h, 1968 in Book 245 of Maps, at Page 18.
Excepting Therefrom the underground water or rights thereto with no rights of surface entry,as
granted to San Jose Water Works, a California corporation, by Instrument recorded January 22nd�
1969 in Book 8410 of Official Records,Page 290.
APN 386-40-031
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LEGAL DESCRIPTION
y_ ,�. EXHIBIT B: LANDSCAPE EASEMENT
Real property situate in the City of Saratoga,County of Santa Clara,State of California,described
as follows:
Being a portion of Lot 1 as shown on that certain Tract No.4572 entitled"PRiDES CROSSING
SOUTH", filed on December 4, 1968 in Book 245 of Maps at Page 18 as File No.3530560 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,58.09 feet;
Thence perpendicular to the last described course North 85°26'00"West,30.00 feet to the
easterly line of said Lot 1,being also the TRUE POINT OF BEGINNING of this description;
Thence along the easterly and southerly line of said Lot 1 the following three(3)courses:
1) South 4°34'00" West,8.09 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 85°26'00" West, 14.65 feet;
Thence leaving the southerly line of Lot 1 the following tlu•ee(3)courses:
1) North 4°34'00" East,337 feet to the beginning of a non-tangent curve,having a radius of
39.00 feet,concave southeast, from said point a radial line bears South 65°53'OS" East;
2) Northeasterly along said curve through a central angle of 56°O 1'21", for an arc length of
38.13 feet;
3) South 85°26'00" East,7.61 feet to the TRUE POINT OF BEGINNING.
Containing 666 square feet,more or less.
END OF DESCRIPTION.
As shown on plat attached hereto and by this reference made part hereof.
For: BKF Engineers
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No.6868
09/O 1/2021
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4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799 Page 1 of 1
www.bkf.com
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LEGEND �
POC = POINT OF COMMENCEMENT I
TPOB = TRUE POINT OF BEGINNING
(R) = RADIAL BEARING
= CENTERLINE
= DESCRIBED AREA
= LOT LINE I
LINE TABLE y�o LAND s�R
DIRECTION LEN�TH v�J' `F�
L1 S4'34'00"W 8.09'
DAVIS THRESH �
L2 N85'26'00"W 14,65' No. 6868 I
L3 N4'34'00"E 3.37' �
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L4 S85'26'00"E 7.61' o�'� � -
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