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HomeMy WebLinkAboutCity Council Resolution 24-006, Accepting Offer to Dedicate Easement RESOLUTION NO. 24-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ACCEPT AN OFFER TO DEDICATE TO THE CITY OF SARATOGA A TEMPORARY CONSTRUCTION EASEMENT QUITO OAKS SUBDIVISION APNS 397-05-111,397-05-112, & 397-05-118 WHEREAS, at a public hearing on August 20, 2014 the City Council adopted Resolution 14-057, approving the Quito Road Bridges Replacement Project and authorizing the City Manager to file with Santa Clara County of Notice of Exemption from the California Environmental Quality Act (CEQA), stating that the project was exempt pursuant to CEQA Guidelines section 15302 as a replacement and reconstruction of existing structures where the new structures will be located on the same sites and will have substantially the same purpose and capacity as the structures replaced; and WHEREAS, the Quito Road Bridges Replacement project required City acquisition of temporary construction easements on private land; and WHEREAS,the City initially acquired a temporary construction easement that expired on September 30, 22022; and WHEREAS, at a public hearing on November 9, 2020,the Planning Commission adopted Resolution 22-024,approving a tentative map to subdivide a 11.43-acre site located at 14521 Quito Road and known as "Quito Oaks" into 10 lots ranging in size from .92 acres to 1.2 acres.; and WHEREAS; Resolution 22-024 imposed a condition to the approval of the project requiring the owner of the subdivided land to extend the existing temporary construction easements allowing the construction of the Quito Road Bridges Project; and WHEREAS, in compliance with the condition of approval Quito Oaks LLC has offered the required temporary construction easement to the City; and WHEREAS, the City Council desires to accept and authorize the recordation of the "Temporary Construction Easement" for the property referenced above and located in the City of Saratoga and more fully described in Exhibit A 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 "Temporary Construction Easement," attached hereto as Exhibit A. 2. The City Manager of the City of Saratoga is hereby authorized to execute the Certificate of Acceptance attached as Exhibit B on behalf of the City and to record the"Temporary Construction Easement" and Certificate of Acceptance thereof. Resolution 24-006 Page 2 3. This action is categorically exempt from CEQA pursuant to CEQA Guidelines section 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 21st day of February 2024 by the following vote: AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR AFTAB, MAYOR ZHAO NOES: NONE ABSENT: NONE ABSTAIN: NONE Y ao, Mayor ATTEST: Britt Avrit, MMC, City Clerk 1746648.1 Resolution 24-006 Page 3 Recorded at the request of: City of Saratoga Return to: City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Macedonio Nunez Record without fee pursuant to Government Code Section 6103 Assessor's Parcel Nos. 397-05-111, 397-05-112, &397-05-118 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made by and between Quito Oaks LLC, a California limited liability company, hereinafter called the GRANTOR, and THE CITY OF SARATOGA, a municipal corporation, hereinafter called the GRANTEE (together,"Parties'), WITNESSETH : 1. That the GRANTOR, for value received, hereby grants to the GRANTEE, and its successors and assigns, temporary easements for reconstructing the Quito Road Bridges ("Project'), and for ingress, egress, excavation, and construction of related structures, not to be exclusive, over and across that certain real property in the County of Santa Clara, State of California ("Easement'), described as follows: FOR DESCRIPTIONS AND PLAT MAPS SEE EXHIBITS"A" and"A-2" ATTACHED HERETO AND MADE A PART HEREOF. 2. The Easement shall include said Grantee, its officers, agents, and employees, and persons under contract with it and their employees whenever and wherever necessary to aid in the replacement and construction of the Project; to enter upon said land with personnel, vehicles and equipment; to remove trees, vegetation, earth, rock, sand, and gravel therefrom that interfere with the purpose for which the easement herein is granted; to construct the Project including driveway conform; to gain access as needed for the Project; and to perform related construction of embankments, fencing, protection works, and appurtenant structures by said GRANTEE, its officers, agents, and employees, and by persons under contract with it and their employees for road and bridge construction purposes. Notwithstanding the forgoing, Grantee shall not store equipment or vehicles on the subject property overnight or for any longer period of time. Grantee shall use the Easement solely for the Project and for no other purpose. 3. The Easement includes the right to make any necessary earth fills and to locate or Resolution 24-006 Page 4 relocate existing drainage pipes as necessary, and structures in connection therewith on lands of the GRANTOR provided that after such fill and location or relocation is completed, and upon expiration of the Easement, Grantee, at its sole cost and expense, shall remove any construction material, rubbish, or debris from the property subject to the Easement. Grantee shall restore the property subject to the Easement to substantially the same condition it was in prior to Grantee's use. 4. To the extent allowed by law, Grantee shall indemnify and hold the Grantor harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of Grantee and its officers, agents, employees, and persons under contract with Grantee and their employees for road and bridge construction purposes, including successors and assigns thereof, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of Grantor or its employees, contractors, or agents. To the extent allowed by law, Grantor shall indemnify and hold the Grantee harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of Grantor and its officers, agents, employees, and persons under contract with Grantor and their employees, including successors and assigns thereof, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of Grantee or its employees, contractors, or agents. 5. In the event of litigation between the Parties to enforce the terms of this Easement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. 6. Grantor reserves all rights attendant to its ownership of the subject property, including but not limited to the use and enjoyment of the subject property for all purposes not inconsistent with the terms and conditions of this Easement. 7. The benefits and burdens of this Easement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. 8. Upon termination of this Easement, all covenants in this Easement are released, except that Grantee's restoration obligations, both Parties' indemnification obligations, and the cost recovery provision set forth herein shall survive the expiration or termination of this Easement. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns from July 1, 2023 until a Notice of Completion for the Project has been filed with the County of Santa Clara Office of the County Clerk- Recorder. Resolution 24-006 Page 5 CALIFORNIA ALL-PUMOSE ACI NOWLEpGMIENT CIVIL CODE 89 "R rn•t ra�t'2rt rt n.�,,-t,Z 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 Cj 03,h6L before me, (�/1 e,11PiL Date / Here Insert Name and Title of the Dfficer personally appeared C a/!rY/iL Name(s)of Signer(s) 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CELINA MENDOZA ;'•" "`•; Notary Public•California WITNESS my han and official seal. Santa Clara County f Commission M 2315741 My Comm.Expires Jan 7,2024 Signature Signature of Notary Public 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 08paclty(Ies)Claimed by SIgnev(s) Signer's Name: Signer's Name: ❑Corporate Officer m Title(s): ❑Corporate Officer® Title(s): ❑Partner e ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attomey in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2015 National Notary Association=www.NationalNotary.org ^ 1-800-US NOTARY(1-600-676-6827 Item#5907 Resolution 24-006 Page 6 IN WITNESS WHEREOF, the GRANTOR has executed this indenture this�� day of --Tu , 2023. Date7/6 ��_.73 GRANTOR .� Jeff Curran Manager Quito Oaks LLC Resolution 24-006 Page 7 Exhibit "A" Legal Description of(T.C.E.) Temporary Construction Easement Along Quito Road, Over Portions Of Lots 3, 4 and 10, of Tract No. 10610, (955 Maps 52-53) Saratoga, California All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a strip of land, over those certain parcels of land described as Lots 3, 4 and 10, as shown upon that certain map entitled "Tract No. 10610 - Quito Oaks", which was filed for record on August 1, 2023, in Book 955, at Pages 52 and 53, in Santa Clara County Records, in the State of California, and said strip of land being more particularly described as follows: Commencing at an angle point in the easterly boundary of said Lot 10, said angle point being at the southerly terminus of that line described as"N 03°02'39" W, 82.13 feet", said point also being an angle point on the westerly Right of Way of Quito Road, having a 30 foot wide half-width, as shown upon said Tract Map No. 10610; Thence, continuing from said Point of Commencement, and along the easterly boundary of said Lot 10, and said westerly Right of Way of Quito Road, South 27°41'43" West, 10.00 feet, to the Point of Beginning; Thence, leaving said easterly boundary of said Lot 10, and the westerly Right of Way of Quito Road, North 66°36'55" West, 34.06 feet; Thence, along a line parallel with the easterly boundary of said Lot 10, South 27041'43" West, 120.00 feet; Thence, leaving said parallel line, South 25022'06" West, 72.62 feet; Thence, South 62'18'16" East, 25.00 feet; Thence, along a line parallel with the easterly boundary of said Lot 10 South 27°41'43" West, 22.50 feet; Thence, leaving said parallel line, South 62017'43" East, 4.27feet; Thence, South 8049'42" West, 103.80 feet; Thence, North 76013'33" West, 10.00 feet; Thence, at a right angle, South 13046'27" West, 35.00 feet; Thence, at a right angle, South 76013'33" East, 8.85 feet; Sheet 1 of 3 Sheets Resolution 24-006 Page 8 Sheet 2 of 3 Sheets T.C.E. Along Quito Road Thence, South 15°40'44" West, 60.00 feet; Thence, South 24°23'57" East, 4.27 feet, to a point on the easterly boundary of said Lot 3, said point also being on the westerly Right of Way of Quito Road, (having a half-width of 10.00 feet); Thence, along the easterly boundary of said Lot 3, and Lot 4, and the westerly boundary of said Quito Road Right of Way, North 21 °59'55" East, 59.54 feet; Thence, continuing along the easterly boundary of said Lot 4, and the westerly boundary of said Quito Road Right of Way, the following courses and distances: North 15°41'14" East, 52.23 feet; North 10'38'08" East, 53.03 feet; North 3005'48" East, 42.08 feet; Thence, leaving said easterly boundary of said Lot 4, and the westerly boundary of said Quito RoadFRight of Way, North 75001'03" West, 8.34 feet; Thence, along a line parallel with the easterly boundary of said Lot 10, and the westerly boundary of said Quito Road Right of Way, North 27041'43" East, 49.00 feet; Thence, leaving said parallel line, and at a right angle, North 62'18'17" West, 10.00 feet; Thence, at a right angle, and along a line parallel with the easterly boundary of said Lot 10, and the westerly boundary of said Quito Road Right of Way, North 27°41'43" East, 81.00 feet; Thence, leaving said parallel line, and at a right angle, South 62018'17" East, 13.00 feet, to a point on the easterly boundary of said Lot 10, and the westerly boundary of said Quito Road Right of Way; Thence, along the easterly boundary of said Lot 10, and the westerly boundary of said Quito Road Right of Way, North 27°41'43" East, 83.95 feet, to the POINT OF BEGINNING. Containing an area of 7,632 Square Feet, more or less. End of Description. The bearing, North 27'41'43" East, being the centerline of Quito Road, as shown upon said Tract Map No. 10610 is the Basis of Bearings for this legal description. LZ Attached hereto, and made a art of this legal description, p 9 p is a plat showing the easement across the subject properties. Resolution 24-006 Page 9 9 G• LEGEND NO. DIRECTION LENGTH P.0.C. POINT OF COMMENCEMENT 1O N27'41'43'E 10.00' P.O.B. POINT OF BEGINNING P.O.B. 2O N75'01'03"W 8.34' T.C.E. TEMPORARY CONSTRUCTION 10 3O N62-19'01"'W 4.63' EASEMENT N �� °I �111q 7 ® N21 59.55E 24.52' AREA = 7,632 f S.F. A, I, O5 N215955"E 59.54' � I�D� © S62'14 21"E 3.00' 0 ry1 I G�' ��� I tit •�%pc0 O7 N3'02'39"W 10.44' � � � �� h� / ® S24 2357'E 4.27' O �,�0� 6•V / O9 N3'02'39"'W 82.13' 00' /n rnNi F, / rp . Id) ���A A -' / moo, S, A s- 0 5 I ti o Asos� ti� 3 ND \ / / SCALE. 1"--40' �0 �o Ci LAND v A�G� P � „� Ph� ary CO ,�v N0. L7078 V / ci h� * W. 12-91-24 'o 0;�3 /�� o� _ I"� / l o OF cAL1�04 9 M O h�`l v O sus. �N"'^`� EXHIBIT 'A' Giuliani&Kull-San Jose Inc 9Q �� (4dp °ry ,� `l / / 4880 Stevens Creek Blvd.Suite 100 / / San Jose,California 95129.� 4 �h�A) ��1 // / SCALE: 1"=40' PLAT TO' ACCOMPANY �® �N� DATE: 7/28/23 LEGAL DESCRIPTION 4� / / DRAWN: E.T. TEMPORARY CONSTRUCTION 6 5 �4, / / CHECKED: M.H. EASEMENT JOB NO.: 09153 TRACT NO. 10610 �4' /�4� SHEETS: 3 OF 3 SARATOGA, CALIFORNIA Fl\2019\19115\dwg\19115PLAG,dwg 5/29/2019 1025130 AM PDT Resolution 24-006 Page 10 CERTIFICATE OF ACCEPTANCE (Pursuant to Cal. Gov't Code § 27281) This is to certify that the interest in real property conveyed by the TEMPORARY CONSTRUCTION EASEMENT from grantor QUITO OAKS, LLC, to grantee the CITY OF SARATOGA, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Saratoga, pursuant to authority conferred by Resolution No. 24-XXX of the City Council, adopted on February 21, 2024, and grantee consents to recordation thereof by its duly authorized officer. Dated: 23 By James Lindsay,City Manager CITY OF SARATOGA 1746846.1 1