Richard Chiu, City Engineer/Public Works Director -/2, e/i;;,.

Transcription

1 AGENDA TEM #8L TOWN OF LOS ALTOS HLLS Staff Report to the City Council October 6, 204 SUBJECT: FROM: GRANT OF PATHWAY EASEMENT LANDS OF EMAD-VAEZ AND AAZAD URSULA LANE Richard Chiu, City Engineer/Public Works Director -/2, e/i;;, APPROVED: Carl Cahill, City Manager r,c RECOMMENDATON: That the City Council: Adopt the attached resolution accepting the grant of pathway easement DSCUSSON: The attached ten (0) foot pathway easement is to be placed along the west property line from the flag portion of the property at Ursula Lane to Edgerton Road to the north 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 3 of the Pathways Element FSCAL MP ACT: There is no fiscal impact associated with this recommendation ATTACHMENTS Resolution 2 Grant of Easement 3 Master Path Map 4 Policies 3 of the Pathways Element Report prepared by: John Chau, Assistant Engineer cc: Pouran Aazad 520 Sandhill Road #304 Palo Alto, CA 94304

2 Attachment RESOLUTON NO --- RESOLUTON OF THE CTY COUNCL OF THE TOWN OF LOS ALTOS HLLS ACCEPTNG GRANT OF A PATHWAY EASEMENT (Lands of Emad-Vaez and Aazad) WHEREAS, Sadr Emad-Vaez and Pouran Aazad, husband and wife, as community property with right of survivorship ("Owners"), are the owners of the property commonly known as Ursula 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 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, 204 ATTEST: BY: John Radford, Mayor Deborah L Padovan, City Clerk 2

3 Attachment A Grant of Pathway Easement 3

4 Attachment 2 This Document s Recorded Fo r the Benefi t of th e Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 603 and When Recorded, Mail to: Town of Los Altos Hills Fremont Road Los Altos Hills, CA Attention: City C lerk GRANT OF PATHWAY EASEMENT TO THE TOWN OF LOS ALTOS HLLS (Lands of Emad-Vaez and Aazad) THS GRANT OF EASEMENT is made this _lq_ day of : \Atd, 204, by Sadr Emad-Vaez and Pouran Aazad, husband and wife as community property with right of survivorship ("Owners"), the owners of the property located at Ursula Lane, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town") Section 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 propeiy 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: t>7 - v -- tf Date: 0 8 -J8 -/ lf PAazad TOWN OF LOS ALTOS HLLS: Date: John Radford, Mayor ATTEST: Deborah L Padovan, City Clerk

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

7 PATHWAY EASEMENT URSULA LANE LOS ALTOS HLLS, CALFORNA EXHBT "A" LEGAL DESCRPTON AUG TOWN OF LOS ALTOS HLLS Certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: A portion of Lot, as shown on that certain Tract Map No 5762, filed for record on September 5, 976, in Book 379 of Maps, at Pages 36 and 37, in Santa Clara County records, more particularly described as follows; COMMENCNG at the most northwesterly corner of said Lot, also lying on the Southerly line of Edgerton Road; Thence along the northwesterly boundary of said Lot, South 35 37' 02" West, 038 feet; Thence along a line concentric with and 000 feet Southerly of said line of Edgerton Road, along a curve to the left from a radial bearing of South 50 53' 50" West, a radius of feet, through a central angle of 5 47' 34", an arc length of 2932 feet to TRUE PONT OF BEGNNNG; Thence, South 4 24' 37" West, 829 feet; Thence, South ' 54" West, 2835 feet; Thence, South 35 37' 02" West, 3882 feet; Thence, South 80 37' 02" West, 44 feet to a point lying on the Northwesterly line of said Lot ; Thence, along the Northwesterly line of said Lot, South 35 37' 02" West, 4800 feet; Thence, leaving the Northwesterly line of said Lot, South 9 22' 58" East, 44 feet; Thence, South 35 37' 02" West, 267 feet; Thence, South 8 27' 44" East, 7696 feet to a point of curvature; Thence, along a tangent curve to the right, having a radius of 3600 feet, through a central angle of 56 40' 56", an arc length of 356 feet to a point of tangency; Page l of 3

8 Thence, South 48 3 ' " West, 426 feet to a point lying on the Westerly line of said Lot ; Thence, along the Westerly line of said Lot, South 8 9' 53" East, 98 feet; Thence, leaving the Westerly line of said Lot, North 48 3' 2" East, 086 feet to a point of curvature; Thence, along a tangent curve to the left, having a radius of 4600 feet, through a central angle of 56 40' 55", an arc length of 455 feet to the point of tangency; Thence, North 8 27 ' 44" West, 7292 feet; Thence, North 35 37' 02" East, 268 feet; Thence, North 9 22' 58" West, 44 feet; Thence, North 35 37' 02" East, 3972 feet; Thence, North 80 37' 02" East, 44 feet; Thence, North 35 37' 02" East, 409 feet; Thence, North 56 49' 54" East, 2783 feet; Thence, North 4 24' 37" East, 8379 feet to a point of curvature lying 000 feet distant from the Southerly line of Edgerton Road, measured at a right angle; Thence, along a curve to the right, from a radial bearing of South 43 07' 34" West, having a radius of feet, through a central angle of 58' 4 ", an arc length of 00 feet to the TRUE PONT OF BEGNNNG Containing an area of approximately 4,729 square feet, more or less END OF DESCRPTON There is a plat to accompany this legal description, and which is attached and hereby made a part hereof Prepared by or under the direct supervision of: 4 Mark A Helton?dcPy Date Page 2 of 3

9 BASS Of BEARNGS THE BEARNG N8i9'53"W BENG THE '#ESTERLY LNE OF LOT, AS SHOWN ON THE CERTAN TRACT MAP NO 5762, WHCH WAS FLED FOR RECORD ON SEPTEMBER 5, 976 N BOOK 379 OF MAPS, AT PAGES 36 AND 37, N SANTA CLARA COUNTY RECORDS PONT OF COMMENCEMENT \ \ "=60' -- LOT 2 APN LOT TRACT 5762 LANDS OF EMAD-VAEZ & AAZAD DOC # ;;:, ' - t) "Cl:> ") it <": r c:i }o 0), <": C"J 'tja 0), C"J, < Q ":( NO (j) C?> BEARNG S56'49'54"W N56'49'54"E Q) S80'37'02''W (4) s35 37'02"w S9'22'58"E (6) N80'37'02"E 0 N35'37'02"E N9'22'58"W Sa8'22'4"E 32Q59 APN CURVE DATE: LENGn- NO DELTA RADUS LENGTH t::=05'47'34" R=29000' L=2932' t::=0'58'4" R=29000' L=00' 44' ij3 6=56'40'56" R=3600' L=356' 6=56'40'55" R=4600' L=455' 4 4 ' 4 4' LEGEND 3972' PROPERTY LNE 4 4 ' --- CENTERLNE S48'3'"W 426' EASEMENT N48i3'2"E 086' PAn-WA Y (i) S8'9'53"E 98' EASEMENT [$JkJa!:,,m!'f«:!Jilnc SCALE: DATE: 4880 Stevens Creek Bl vd Suite 205 San Jose, CA 9529 (408) Fax (408) Auburn San Jose Oakdale F:\2008\08 03\clwg\0803PL AT dw g 4/ 0/203 :4 7:28 PM PD T DRAWN: CHECK ED : JOB NO : SHEETS: ''=60' 4 / 0/3 ET MH OF 3 EXHBT "A" PLAT TO ACCOMPANY LEGAL DESCRPTON 0' PATHWAY EASEMENT URSULA LANE LOS ALTOS HLLS, CALFORNA

10 CALFORNA ALL-PURPOSE ACKNOWLEDGMENT CVL CODE 89 WR'<>R'OR:<'XWR'<>?WR'<'R<'R<>R<'R<'?X'e<> i: - i : State of California cl 0SWJ;:J County of on, \ ct\y Date personally appeared &_ l::t'yad Ve/L : i 0 a ' ' who proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed to the within instrument and acknowledged to me executed the same in ""' i;iefftheir authorized capacitye and that by herfttmt signature on the instrument the personts), or the entity upon behalf of which the person acted, executed the instrument aa Clara County certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CelMt Ealrtl U 20& u o cit, u Aevt a bi 0 a paragraph is true and correct Signature Place Notary Seal Document Date: J t \y _ : J D l ol U)\4 Po Capacity(ies) Claimed by Signer(s) Signer's Name: Glf n cf gth (A} Signer(s) Other Than Named Above : L)_[ iv C;ez, Corporate Officer - Title(s) : Partner - D Limited D General ' sifj c,,_ ;;:::c;;l(\ Y 8n / "J_ ndividual Top o f thumb here ay l- ernen\ Number of Page: 0 D Corporate Officer - Title(s): D ndividual D Partner - D Limited D General D Trustee D Guardian or Conservator D Trustee / D Guardian or Coi:i ervator D Other: D Other:,,,// D Attorney in Fact - Q\f Signer s Representing : ; ' er s Representing: : g g Signer's Name : o Attorney in Fact z_aj doatl "Radford :?! WL Description of Attached Document Title or Type of Document: X i: i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another WTNESS my hand and official seal ',: p a q, p, _ AVLA 0 00 Colllllalo 22, Putc Cam " cl ' l Here nsert Name and Title of the Officer : &Jzanne Avilsi before me, C'J o( a } // 6 gl : ): g 'g,g;g;'g(;''"'<;g;-g;;s<s<;?<,"g<;'g,'g;'9-)"g<;'9;'9;'g;'9;'q'm 200 National Nolary Association NalionalNotaryorg -8CC -US NOTARY ( ) tem #5907

11 CALFORNA ALL-PURPOSE ACKNOWLEDGMENT CVL CODE 89 [,G<>,W--R'<'R0ec-<'X'?l'<>R<' '(>,&R,<>We:<>RCR<',, '(>R(>,5-w?> State of California s: cjn-\-a C\ 8 Ca County of On } /\ 0 /") l"\\ ' t- U:A "')G-(> ' UJ before d c me, /? occr Q (\ personally appeared \ b who proved to me on the basis of satisfactory evidence to be the person whose namefg( taresubscribed to the within instrument and acknowledged,:, eythey to me that executed the same in i=lis< tfleir authorized capacity(es), and that by P!is!j:fleir signaturetil(j on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 9 _ i J SUZANNE AVLA Commlulon # Notary Public Callfomia Santa Cl County certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct - 'l t T"! rt':'! -}i tl 6 '// yx _ Place Notary Seal Above : : requir?!:'[!a!!;, Though the information below is not prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Document Date : _ Gr t 0f" P d±b u JQ-0 f:,6\s-ern t2-f\ t--l D 0- \- r umber of Pages: C, Title or Type of DocuJmen\ U \J Signer(s) Other Than Named Above : c) c -f-:ma:f - Capacity(ies) Claimed by Signer(s) Signer's Name : <t'? \ 0 U r 2J) A, 0;2-8 d D Corporate Officer - Title(s): r'q --V\ Signature of Notary Public Description of Attached Document :i / 0C> h () f'? fo ;rd Signer's Name : Top of thumb here D Partner - D Limited D Gene59" D Attorney in Fact D Attorney in Fact D Trustee D Trustee D Guardian or Conservator D Other: D Guardian or D Other: / //_, Conseator / :- : ; :; g <i D Corporate Officer - Title(s) : D ndividual ndv d ua D Partner - D Limited D General J <9 ::,: i WTNESS my hand and official seal i :', Top of thumb here i <i

12 y) \ ""' " /(fj \ /, -=- ' / J!!-::,tc' ( \""" \ /\\D \ ADOPTED BY THE CTY COUNCL MARCH 8, 2005 LEGEND: EXSTNG PATH WTH EASEMENTS FUTURE PATH - RECOMMENDED TO RETAN (CURRENTLY SHOWN ON THE 98 MASTER PATHWAY PLAN) FUTURE PATH - PROPOSED TO ADD (NOT SHOWN ON THE 98 MASTER PATHWAY PLAN) FUTURE PATH - PROPOSED FOR REMOVAL FROM THE 98 MASTER PATHWAY PLAN TOWN L,NDS ;J> :::4: () s (]) :::s w

13 Attachment 4 Adopted May 8, 2008 i_ - - ', ' : ' GOAL3 Develop and maintain a system of off-road paths that provide connections between neighborhoods and direct routes to schools and open space preserves Policy 3 Policy 32 Off-road paths shall be located on private property on easements that have been dedicated to the Town, or over public lands They shall provide connections between 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 adjoining neighborhoods whenever possible There shall be three classes of Off-Road Paths: Class -Off-road paths for which easements have been granted to the Town for a completed route, on which a path has been developed or pathway use has been established, and which is maintained by the Town and is open for public use Class 2-0ff-road paths for which easements have been granted to the Town for less than a completed route, or where the pathway easement exists but the path 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 of land, or may require easements over a number of smaller parcels Policy 33 Policy 34 Policy 35 Policy 36 Policy 37 Policy 38 Off-road paths shall be a permitted use in conservation and open space easements, and should be reflected as such in the language of the easement agreement 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-shall incorporate pathway connections to nearby neighborhoods or community facilities, such as schools, and to open space areas Dedication of off-road pathway easements 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 Off-road paths shall be maintained in as natural a state as possible, except that installed surfaces may be acceptable when paths serve as connectors to schools or neighborhoods, 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 Element Los Altos Hills General Plan Page P-6