TOWN OF LOS ALTOS HILLSStaff Report to the City Council

AGENDA ITEM #3.C

March 14,2012

FROM:

SUBJECT: GRANT OF PATHWAY EASEMENT; LANDS OF EVANS11641 BUENA VISTA DRIVE

Richard Chiu, City Engineer/Public Works Director I?,~

APPROVED: Carl Cahill, City Manager C .C.

RECOMMENDATION: That the City Council:

Adopt the attached resolution accepting the grant of pathway easement.

DISCUSSION:

The attached 21,019 square feet pathway easement is to be placed over the area north ofCentral Drive. The dedication of the easement was offered by the property owner inconjunction with a site development permit for a new residence at the site. The dedicationis consistent with the Town General Plan Master Pathways Map and Policy 3.1 of thePathways Element.

FISCAL IMPACT:

There is no fiscal impact associated with this recommendation.

ATTACHMENTS

1. Resolution2. Grant of Easement3. Master Path Map4. Policies 3.1 of the Pathways Element

Report prepared by: John Chau, Assistant Engineer

cc: Eric Evans11641 Buena Vista DriveLos Altos Hills, CA 94022

Attachment 1

RESOLUTION NO. __

RESOLUTION OF THE CITY COUNCIL OF THETOWN OF LOS ALTOS IDLLS

ACCEPTING GRANT OF A PATHWAY EASEMENT(Lands of Evans)

WHEREAS, Eric Evans and Cheryl Breetwor Evans, husband and wife, as communityproperty ("Owners"), are the owners of the property commonly known as 11641 Buena VistaDrive, Los Altos Hills, California; and

WHEREAS, Owners have offered to grant to the Town an easement for the construction,operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle andequestrian use ("Pathway Easement"); and

WHEREAS, the City Council has determined it is necessary and proper and in the publicinterest to accept the grant of the Pathway Easement;

NOW, THEREFORE, the City Council of the Town of Los Altos Hills doesRESOLVE as follows:

Section 1. The Town hereby accepts on behalf of the public, and for the purposestherein described, the Grant of Pathway Easement attached to this Resolution as Attachment A.

Section 2. The Town shall accept, and the Mayor is hereby authorized and directed toexecute, the Grant ofPathway Easement.

PASSED AND ADOPTED this _ day of , 2012.

BY:Rich Larsen, Mayor

ATTEST:

Deborah L. Padovan, City Clerk

Attachment A

Grant of Pathway Easement

Attachment 2

I This Document Is RecordedFor the Benefit of theTown of Los Altos HillsAnd is Exempt from FeePer Government CodeSections 6103 and 27383

When Recorded, Mail to:

Town of Los Altos Hills26379 Fremont RoadLos Altos Hills, CA 94022Attention: City Clerk

GRANT OF PATHWAY EASEMENTTO THE TOWN OF LOS ALTOS HILLS

(Lands of Evans)

THIS GRANT OF EASEMENT is made this __ day of ,2012, byEric Evans and Cheryl Breetwor Evans, husband and wife, as community property("Owners"), owners of the property commonly known as 11641 Buena Vista Drive, LosAltos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipalcorporation ("Town").

Section 1. Owners do hereby offer to grant to Town a perpetual right andnonexclusive easement for the construction, operation and maintenance of existing andfuture pathway facilities, for pedestrian, bicycle and equestrian use, together with right ofaccess thereto, on, under, over, along and through the real property situated in the Townof Los Altos Hills, County of Santa Clara, State of California as described and depictedin Exhibit A attached hereto ("Easement").

Section 2. Owners shall not allow the placement or construction of anystructures or improvements on the Easement property.

Section 3. The Town hereby accepts the grant of the Easement.

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IN WITNESS WHEREOF, the Owners have properly executed, and the Town hashereby accepted, this grant of the Easement as follows:

OWNERS:

11.---.-------.-------..---Eric E?ans

/ Cheryl Breetwor Evans

TOWN OF LOS ALTOS HILLS:

Date: _Rich Larsen, Mayor

ATTEST: _Deborah L. Padovan, City Clerk

Exhibit A

Legal Description of Pathway Easement and Plat to Accompany Legal Description

EXHIBIT "A"

Legal Description of thePathway Dedicationover 11641 Buena Vista Drive - Parcel A (502 M 43)Los Altos Hills, California

All that certain real property in the Town of Los Altos Hills, County of Sant Clara, Stateof California, described as follows:

Being a portion of Parcel A, lying North of Central drive, as said Parcel A is shown uponthat certain Parcel Map, which was filed for record on July 27,1982, in Book 502 of Maps,at Page 43, in Santa Clara County Records and being more particularly described asfollows;

BEGINNING at the most northeasterly corner of said Parcel A, as shown on said map,Thence, along the easterly boundary of said Parcel A, South 20°12'58" West, 119.88 feet,to a point on the northerly right of way line of the future 60 foot wide Central Drive, said linebeing a line parallel, and 30.00 feet distant, measured at a right angle, with the centerlineof Central Drive;

Thence, leaving said easterly boundary of Parcel A, and following the northerly right ofwayline of said future 60 foot wide Central Drive, North 55°50'34" West, 57.65 feet;

Thence, continuing along the northerly right of way line of said future 60 foot wide CentralDrive, North 73°59'18" West, 141.67 feet;

Thence, continuing along the northerly right of way line of said future 60 foot wide CentralDrive, South 8r33'35" West, 20.29 feet, to a point on the northwesterly boundary line ofsaid Parcel A;

Thence, along the northwesterly boundary line of said Parcel A, North 3rOO'17" East,118.78 feet, to the northerly most corner of said Parcel A;

Thence along the northerly boundary line of said Parcel A, South 73°05'01" East, 181.96feet, to the POINT OF BEGINNING.

Containing 21,019 square feet, more or less, as shown on the plat attached hereto andmade a part hereof.

End of Description.

Page 1 of 2

----

PARCEL A(REMAINDER)

502 M 43

LEGEND

PATHWA Y DEDICA nON

SCALE: 1"=40'

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4880 stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED:--,,-~=:~.:.:...·. __I PATHWAY DEDICAliON(408) 615-4000 Fax (408) 615-4004 JOB NO.: 07145 OVER PARCEL A (502 M 43)Auburn • San Jose • Oakdale SHEETS: 2 OF 2 LOS ALTOS HILL.S. CALIFORNIA

F'\2007\07145\clwg\07145plat.clwg 9/11/2007 9'50'36 AM PDT

State of California )County of Santa Clara )

~ AOn ::rA-N, ~,2f} 12.-before me, ~ A--\JL1:Je- fAr-:::,'J;1- i\-N'b'":t'T, notary public,personally appeared

5' f2-';r:e- E- \J f\,vs A=rJ'D C? f--\ t;-fL"f L ~P:f} 'i 101')'f?... b \I fr.10~

who proved to me on the basis of satisfactory evidence to be the person(s) whose nameare subscribed to the within instrument and acknowledged to me that they executed thesame in their authorized capacities, and that by their signatures on the instrument thepersons, or the entity upon behalf of which the persons acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct.

WITNESS my hand and offidal seal.Signature _-,=1=======~ (Seal)

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll~

§ MAULIK ANIL PANDIT ~~ COMM. # 1916213 ~~ NOTARY PUBUC - CAUFORNIA ~~ SANTA CLARA COUNTY. ~~ My Camm. Exp, Dec. 10, 2014 ~

illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll!!

27690

Attachment 3

11471

rOWN U\NDt;

EXISTING PATH WITH EASEMENTS

FUTURE PATI-I - RECOMMENDED TO RETAIN (CURRENTLY SHOWN ON-

THE 1981 MASTER PATHWAY PLAN)

FUTUliE PATH - PROPOSED TO ADD (NOT SHOWN ON THE 1981 MASTER-

FUTURE PATH _:~~~:~~~~N~ REMOVAL FROM THE 1981 MASTER PATHWAY PLANIMASTER PATH MAPADOPTED BY THE CITY COUNCIL

MARCH 8, 2005

[<OAD SIDE PATI-IIN P/{IVATE /\ND PUBLIC ROADS

11800

Foothill Park(Palo Alto)

LEGEND:

Attachment 4

Adopted May 8, 2008

OFF-ROAD;PATHS

GOAL 3Develop and maintain a system of off-road paths that provide connections

between neighborhoods and direct routes to schools and open space preserves.

Policy 3.1

Policy 3.2

Policy 3.3

Policy 3.4

Policy 3.5

Policy 3.6

Policy 3.7

Policy 3.8

Off-road paths shall be located on private property on easements that have beendedicated to the Town, or over public lands. They shall provide connectionsbetween neighborhoods and provide direct routes to schools and open space. Cul­de-sacs should have off-road paths that connect the end of the street to adjoiningneighborhoods whenever possible.

There shall be three classes of Off-Road Paths:

Class l-Off-road paths for which easements have been granted to the Townfor a completed route, on which a path has been developed or pathway usehas been established, and which is maintained by the Town and is open forpublic use.

Class 2-0ff-road paths for which easements have been granted to the Townfor less than a completed route, or where the pathway easement exists but thepath has not been constructed or maintained and is not open for public use.Such paths remain to be completed in the future.

Class 3-A planned future off-road path, as shown in the Master Path Plan.These paths may need dedication of easements over a single large parcel ofland, or may require easements over a number of smaller parcels.

Off-road paths shall be a permitted use in conservation and open spaceeasements, and should be reflected as such in the language of the easementagreement at the time of dedication.

Whenever possible, the Town shall require the dedication of easements for off­road paths along designated emergency routes.

The design of new subdivisions-especially those with cul-de-sac streets-shallincorporate pathway connections to nearby neighborhoods or communityfacilities, such as schools, and to open space areas.

Dedication of off-road pathway easements shall not affect the computation of thenet area, LUF (lot unit factor), MDA (maximum development area) or MFA(maximum floor area) for a lot.

Off-road paths shall be maintained in as natural a state as possible, except thatinstalled surfaces may be acceptable when paths serve as connectors to schools orneighborhoods, or where special use or topography make it necessary.

Off-road paths shall be located along or as close to property lines as possible.

Pathways ElementLos Altos Hills General Plan

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