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HomeMy WebLinkAboutCity Council Resolution 97-06 Recording requested by and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO. 97-06 RESOLUTION ACCEPTING OFFER OF DEDICATION WHEREAS, James K. and Judi Craik, the owners of Lot No. 2 of Tract No. 7888 in the City of Saratoga, have executed an Offer to Dedicate a Water Line Easement over said property, said Offer attached hereto and to be recorded concurrently herewith. NOW, T~EREFOR, the City Council of the City of Saratoga hereby accepts the aforementioned Offer of Dedication and directs a copy of this Resolution and the Offer to be recorded together 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 .__~ day of February__ .................. , 1997, by the following vote: AYES: CouncilmembersBogosian, Jacobs, Shaw, WolfeandMayorMoran NOES: None ABSENT: None ABSTAIN: None ~ ~d~ ATTEST: 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 WATER LINE EASEMENT APN 517-36-007 LOT 2 TRACT 7888 20959 HIDDEN VIEW LANE 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 water line easement under, over, and across said property. Said water line easement is offered with the following terms and conditions: 1. The easement is for the sole purpose of installing, operating and maintaining a pressurized water line to serve the City's Hakone Gardens. The City shall be fully responsible for the water line, 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 water line. 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 immediate access to the easement. 3. The easement shall be kept free and clear at all times of any permanent structures and other physical encumbrances which would prevent access to the easement and any portion thereof, including the water line. 4. City shall, in a timely manner, restore owners' property, including the easement, to conditions existing prior to entrance onto owners' property, after the performance of any maintenance, repairs or other activities in connection with the water line. 5. The water line where it exists within the easement shall, at all times, be buried to a minimum depth of one foot, except during those times when it is necessary to temporarily expose the line for maintenance or repair. 6. The easement shall benefit the City of Saratoga and remain in full force and effect for as long as the City continues to own the Hakone Gardens property. In the event the City sells or otherwise transfers title to the Hakone Gardens property to a private party, Grantor reserves the right to terminate the easement after providing the City with thirty (30) days written notice of Grantor's intention to terminate the easement. 7. Grantor shall not be responsible for any damage resulting to the water line unless such damage is caused by the willful or intentional misconduct of the Grantor. 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 day of _ ~ .... ~ _ ~" , 19 . (All signatures mst be acknowledged before a Nota~ Public - attach either a colorate, individua or partnership nota om. ) STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On this 17th day of January, 1997, before me, the undersigned Deputy City Clerk, personally appeared James K. Craik and Judi Craik, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same in their authorized capacity; and that by their signature on the instrument they, or the entity upon behalf of which they acted, executed the instrument. Witness my hand and official seal of the City of Saratoga. Grace E Cory De y City Clerk aov. co , EXHIBIT "A" AsCription A water line easement over and across the lands of James K. Craik and Judi Craik to be conveyed to the City of Saratoga. All that certain parcel of land situate within the City of Saratoga, County of Santa Clara, State of California, being an easement of uniform width of 10.00 feet for the installation and maintenance of a water line, the centerline of which being more particularly described as follows: COMMENCING at the Southwest corner of Lot 2 as said Lot 2 is shown on the map of Tract No.7888, flied in Book 568 oof Maps at page 34 in the office of the Recorder of the County of Santa Clara, State of California, THENCE Easterly, from the Point of Commencment, along the South line of said Lot 2, North 89°58'52"East for a distance of 130.00 feet; THENCE North, departing from said South line of Lot 2, North 00°01 '08"West for a distance of 10.00 feet to the True Point of Beginning for this description; THENCE Northwesterly, from True Point of Beginning, North 57°1 l'20"West for a distance of 183.00 feet to a point on the West line of said Lot 2, said point being distant North 25°25'30"West a distance of 52.74 feet and North 01 °05'03 "West a distance of 61.58 feet from aforesaid South west corner of Lot 2, said point being the terminus of this easement. APN: 5 17-36-007 descriptionprep by m~ ten E .~c~ ..~ Land Surveyor No. 3414 ' License Expires: 06-30-96 ' '9',~. ',.,.... ~ L 0 T ! F'--: 2. 4 ACRES ' N 88'54'57' E 205.00' TRAC..T NO. ....7888 " ~ LOT 2 ~.~-~.--V-' ZF-- ~o' ~ ~ N 47'~6'I0' W ~ ~ 135.54' , MILLER ' IATER LZNE EASEMENT WARREN E. McDO'W~L[ i~l ~" Z'); DATE: 08-08-95 L2cense Expires 06-30-96 ~...,~ ../,%~ ,, , 7974 PUMPKIN DRIVE SCALE: ~ = 60 CUPERTINO CA 950~4 ' PAGE ~ of 2 (408) 257-82~0