Adopt the attached resolution accepting the grant of pathway easement.

Transcription

1 AGENDA TEM #4.M TOWN OF LOS ALTOS HLLS Staff Report to the City Council September 21, 2017 SUBJECT: FROM: GRANT OF PATHWAY EASEMENT LANDS OF HENG AND P AREGS LA RENA LANE Allen Chen, Public Works Director City Enginee~ 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 along the easterly property line. 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 Heng and Pareigis) WHEREAS, Jiunn Benjamin Heng and Regina Danute Pareigis ("Owners"), are the owners of the property commonly known as La Rena Lane, 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: Gary Waldeck, Mayor Deborah L. Padovan, City Clerk 2

3 Attachment A Grant of Pathway Easement 3

4 Attachment 2 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 EASEfVENT TO THE TOWN OF LOS ALTOS HLLS (Lands of Heng and Pareigis) THS GRANT OF EASEMENT is made this j_l_ day of A:;, 2017, by Jiunn Benjamin Heng and Regina Danute Pareigis ("Owners"), the owners of the property located at La Rena Lane, 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 attache~ 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 CALFORNA ALL-PURPOSE ACKNOWLEDMENT 1189 CNLCODE 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 CALFORNA ) COUNTY OF ~Tl< PM.r(A. ~ On _fl(}fh»rjjjh., 201, before me,,.-~--.1-""-""'---d----==---<~ Public, p-ekonally appeared Z...>...!..L!-'---..!..!-=JY: '=~~..,..., ~... 1.y:rproved to me on the basis of satisfactory eviden to b 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, 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: (Seal)

6 N WTNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows: OWNERS: TOWN OF LOS ALTOS HLLS: Date: Gary Waldeck, Mayor ATTEST: Deborah L. Padovan, City Clerk

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

8 EXHBT 11 A 11 Legal Description of 10 foot wide Pathway Easement over the Lands of Heng and Pareigis La Rena Lane Los Altos Hills, California An easement over certain real property, being the Lands of Heng and Pareigis, as described in that certain Grant Deed, which was recorded as Document No , on February 26, 2015, in the Official Records of Santa Clara County, State of California, situated in the Town of Los Altos Hills, County of Santa Clara, State of California, more particularly described as follows: Beginning at the most northerly corner of that certain parcel of land conveyed by R. Wallace Comisky, Et Ux, to Charles H. Canaday, Et Ux, by deed dated August 7, 1950 and recorded on August 17, 1950, in Book 2037 of Official Records of Santa Clara County, at Page 178, said point of beginning being in the line dividing Lots 3 and 4, and distant thereon feet northwesterly from the point of intersection of said dividing line with the centerline of O'Keefe Avenue as shown upon the map entitled "M. & M. Taaffe Subdivision of Lot 4 of the Taaffe Partition in the Rancho La Purissima Concepcion, as recorded in Book "E" of Maps, Pages 118 and , filed for record on July 15, 1897, in Book "" of Maps, Pages 72 and 73, Santa Clara County Records; Thence, along the southerly boundary of said Lands of Heng and Pareigis, South West, feet, to a point on a line parallel, and feet distant, measured at a right angle, to the easterly boundary of said Lands of Heng and Pareigis; Thence, along said parallel line, North East, feet, to a point on the northerly boundary of said Lands of Heng and Pareigis; Thence, along the northerly boundary of said Lands of Heng and Pareigis, North East, feet, to the most northerly corner of said Lands of Heng and Pareigis; Thence, along the easterly boundary of said Lands of Heng and Pareigis, South East, feet, to the Point of Beginning. Containing an area of 5,081 square feet, (0.12 Acres), more or less. Page 1 of 2 Pages

9 Page 2 of 2 Pages Pathway Easement END OF DESCRPTON. Attached to this legal description is a plat entitled Exhibit "B" showing this Pathway Easement, which is made a part hereof. Basis of Bearings: The bearing North " West, being the centerline of La Rena Lane, (formerly Avenue), was used as the basis of bearings for this legal description, as shown upon that certain map entitled "Tract No. 1707, Broadmoor Estates", which was filed for record on October 1, 1957, in Book 85 of Maps, at Page 32, in Santa Clara County Records, State of California.

10 BASlS Qf B ABNGS: THE: BEARNG NORTH 19"20'oo l'r ST, BE'/NG TH CENTERLNE OF LA RENA LANE:, (FORMERLY A VE:NU ), WAS USED AS TH BASS OF BEARNGS FOR THS PLAT, AS SHOWN UPON THAT CERTAN MAP ENnTl.ED "TRACT NO. 1707, BROADMOOR E:STA rts, WHCH WAS FLED FOR RECORD ON OCTOBER t, 1957, N BOOK 85 OF MAPS, AT PAGE J2, N SANTA CLARA COUNTY RECORDS, STA rt OF CALFORNA. s70 4o oo w 214,50' r ~ N70"40'00" : m~ ~. ;1 to' PATHWAY EASEMENT AR A=5,081 :J: S.F. (0.12 :J: AC.).l'J1 ~, ~ () GRAPHC SCALE lii1 ~~~ -~rl~~ ~ i (,_.,)!ooh ' L LANDS OF HENG ANO PAREG/S APN S70"40'00"W 10.00' - - -;rrow;"ooir-214~.,..._ - - EXHBT e ' ' 1 8 C:Ji,?~'!!~::.~:!'2b.1nc. m~- :-----'e"-l ;,_~_,_.4/""""~-'- 7_t---P-"-t..;.;..~-'-G=T..:...A=r::...o--=D==-=~:...::~:...:8::...:R~O~l~_T..!...p!...:l~=..:~=-=Y: Stevens Creek Blvd. Suite 205 San Jose, CA CHECKED: E.T. 10' PATHWAY EASEMENT ---"=M.H'-'-' LA RENA LANE ( 408 ) Fax ( 408 ) JOB N0.:_-'-'15"-'-1=37'--- Auburn e San Jose e Oakdale SHEETS: _1.!...-:0,_F...c1_ LOS ALTOS HLLS, CALFORNA F1\2015\15137\clwg\15137plo.t,clwg 8/8/ AM PDT

11 LEGEND: PATH ARROWS TO BE CONNECTED, WHEN PROPERTY DEVELOPS f At' TOWN OF LOS ALTOS HLLS 1981 MASTER PATH PLAN > AMENDED MARCH 8, 2005 ~ 1 AMENDED SEPTEMBER 17, 2013 ~..-+w

12 Adopted May 8, 2008 Attachment 4 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 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. 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