Richard Chiu, City Engineer/Public Works Director. That the City Council:

Transcription

1 AGENDA TEM #4.0 TOWN OF LOS ALTOS HLLS Staff Report to the City Council May 19, 2016 SUBJECT: GRANT OF PATHWAY EASEMENT LANDS OF F ARAHY AR AND BROWN SUMMT WOOD ROAD FROM: Richard Chiu, City Engineer/Public Works Director APPROVED: Carl Cahill, City Manager c.c,. RECOMMENDATON: That the City Council: Adopt the attached resolution accepting the grant of pathway easement. DSCUSSON: The attached Grant of Pathway Easement is for a ten (10) foot pathway easement to be placed adjacent to Summit Wood Road. The dedication of the easement was offered by the property owner in conjunction with a site development permit for a new residence. The dedication is consistent with the Town General Plan Master Pathways Map and Policy 2.1 of the Pathways Element. FSCAL MP ACT: There is no fiscal impact associated with this recommendation. ATTACHMENTS 1. Resolution 2. Grant of Pathway Easement, legal description and exhibit 3. Master Path Map 4. Policies 2.1 of the Pathways Element Report prepared by: John Chau, Assistant Engineer

2 Attachment 1 RESOLUTON NO. --- RESOLUTON OF THE CTY COUNCL OF THE TOWN OF LOS ALTOS HLLS ACCEPTNG GRANT OF A PATHWAY EASEMENT (Lands of Farahyar and Brown) WHEREAS, Ayoub Farahyar and Christy L. Brown ("Owners"), are the owners of the property commonly known as Summit Wood Road, 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 and equestrian use ("Pathway Easement"); and WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein 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 to execute, the Grant of Pathway Easement. PASSED AND ADOPTED this_ day of, ATTEST: BY: John Harpootlian, Mayor Deborah L. Padovan, City Clerk 2

3 Attachment 2 Attachment A Grant of Pathway Easement 3

4 This Document s Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and When Recorded, Mail to: Town of Los Altos Hills Fremont Road Los Altos Hills, CA Attention: City Clerk GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HLLS (Lands of Farahyar and Brown) THS GRANT OF EASEMENT is made this day of, 2016, by Ayoub Farahyar and Christy L. Brown, husband and wife, as community property with right of survivorship ("Owners"), the owners of the property located at Summit Wood Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owners do hereby offer to grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use, together with right of access thereto, on, under, over, along and through the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Easement"). Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property. Section 3. The Town hereby accepts the grant of the Easement. [Next Page]

5 N WTNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNERS: Date: 3;\l;/b ~ ' Ayoub Farahyar Date:~ Chity L. Brown TOWN OF LOS ALTOS HLLS: Date: John Harpootlian, Mayor ATTEST: Deborah L. Padovan, City Clerk

6 CALFORNA ALL-PURPOSE ACKNOWLEDMENT 1189 CVL CODE 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. ST A TE OF CALFORNA ) ) COUNTY OF Santa Clara ) On March 11, 2016, before me, J. Cuneo-Daw, Notary Public, personally appeared Ayoub Farahyar and Christy L. Brown, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) #/are subscribed to the within instrument and acknowledged to me that )J/c/$1.e;lthey executed the same in lj'ij;jiteyt/their authorized capacity(ies), and that by }tif;/ljeyt/their signature(s) on the instrument the person, 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. WTNESS my hand and official seal. Signature:

7 Exhibit A Legal Description of Pathway Easement and Plat to Accompany Legal Description

8 EXHBT "A" LEGAL DESCRPTON LANDS OF FARAHYAR AND BROWN 10' PATHWAY EASEMENT SUMMT WOOD ROAD, LOS ALTOS HLLS, CA Easement to be a 10' wide strip of land adjacent to and left of the following described line. Commencing at the most southerly common corner of Lots 1 and 2, as said Lots are shown on that certain Map "Tract No being a portion of Lot 4 of the Sanborn and Stone Partition in the San Antonio Rancho, Town of Los Altos Hills, Santa Clara County, California", and which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on February 4, 1958, in Book 90 of Maps, page 29. Thence along the Southeasterly line of Lot 1 North 40 55'52" East a distance of feet; Thence along a curve to the left having a radius of feet, a central angle of 02 09'27", and a length of feet; Thence North 38 46'25" East a distance of feet; Thence along a curve to the left having a radius of feet, a central angle of 92 16'16", and a length of feet to the True Point of Beginning for this description; Thence, from said True Point of Beginning, continuing along said curve to the left having a radius of feet, a central angle of 92 16'16", and a length of feet; Thence South 34 13'52" West a distance of feet; Thence along a curve to the right having a radius of feet, a central angle of 00 48'30", and a length of 3.67 feet to the end of the Easement. Containing 3, sq. ft. more or less. Na SHEET 1OF2

9 ~ ' \ ~C) ~C) \, \ ()) ' ~~- \, fu'-\~- ~ \ \ \, \, ' \ EXHBT "B" PLAT TO ACCOMPANY LEGAL DESCRPTON 1 O' PATHWAY EASEMENT LANDS OF FARA HY AR AND BROWN SUMMT WOOD ROAD, LOS ALTOS HLLS, CA Prepared By: Pat McNulty Professional Land Surveyor 1604 Francis Avenue Belman t, California MARCH 2016 JOB NO.: '\. AD "'-., ""-"-,~ WOQQ_RO -~<t~'9..?a "'-,"'- <!~'<so-& +~" ~. "' "-,""' sum}at:ht of way 1it ~ "-... l"<e~.j;:ac4 1;;,'?~000>-."-._ R:~go4B'30'\,," 'l(), RG 2 11, "-, ' 111'9 <a<e., ~ ~ ~ ""'--- - "'-, '----..,_,, t:s67' "\_-,-!!DE PATHWAY \ \ "-, C\l L2"--- FT. \ E-< <!~%; SQ. l / 0 /,,, ~ ' ' /~1 1 EXST ROAD R GHT OF WA <v<e. a. <'e.. BEGJJ>N /,, / -1 Ro970.00',. N _:JB"46' }' "'~ ~ EASEMEN! ~~<Y-./'6'-, -,_...::i L 0 T 1 2' x 20 A.E. NG 40' PRVAJE <~"'e:1so./true;i>oj~t _ " E '" ' '52" E 85.40' ,...,,. L=36.53' r f 4 -,...- -Tc;~MENCEMENT N-T-QE ~ -.:, ~ p '\ o ~r ro ~o 0 ~ ro ~o OF - ~~ 3/11/11, GRAPHC SCALE ~~;J 1 NCH = 50 FT. ~~ SHEET 2 OF 2

10 25605 ' mi ll a i $100 i ~ 24 s- o O"' 8 (t) g UJ LEGEND: PATH ARROWS TO BE CONNECTED WHEN PROPERTY DEVELOPS ' L l... l.... ~ AlllF""' -- L TOWN OF LOS ALTOS HLLS 1981 MASTER PATH PLAN AMENDED MARCH 8, 2005 AMENDED SEPTEMBER 17, 2013

11 Attachment 4 Adopted May 8, 2008 ROADSDE PATHS GOAL2 Develop and maintain a system of roadside paths adjacent to public and private streets. Policy 2.1 Policy 2.2 Roadside paths shall be located within or immediately adjacent to the right-of-way of Town streets and on separate pathway easements adjacent to or over private streets. Roadside paths shall be separated from the roadway pavement by landscape buffering and shall meander, where possible. The Town Council shall adopt a list of those streets or segments of those streets that shall be planned for paths on both sides of the street. (The approved list is included in Appendix A.) Landscaping separates this path from Fremont Road. Policy 2.3 Policy 2.4 Policy 2.5 Policy 2.6 A roadside path shall be maintained on only one side of the street unless the street is included on the list adopted pursuant to Policy 2.2. The path may be located on alternating sides of the street, however, depending on factors such as available easements, topography, or proximity to schools or other facilities. f only one side of the street is in Los Altos Hills, there should be a path on the side within the Town's corporate limits. Typically, a roadside path shall not be maintained on a cul-de-sac that serves or could serve eight or fewer lots. However, a roadside path along a cul-de-sac may be required by the Planning Commission or Council for topographic or safety reasons, and shall be required where it would connect to an off-road path. The Planning Commission or City Council may require that an easement separate from a private street be dedicated, or that a pathway easement over the paved 1. roadway be granted (if feasible), when the width of a private street easement of right-of-way will not accommodate both the paved surface and a separate path..'i Dedication of pathway easements outside of required road rights-of-way shall not. ; affect the computation of the net area, LUF (lot unit factor), MDA (maximum =, development area) or MFA (maximum floor area) for a lot. Pathways Element Los Altos Hills General Plan Page P-5