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