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HomeMy WebLinkAbout53-19RESOLUTION 53-19 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A VACATION OF A PORTION OF AN OPEN SPACE EASEMENT LOCATED AT 11641 BUENA VISTA DRIVE WHEREAS, an open space easement, legal description and plat accompany legal description was dedicated by the owner of 11641 Buena Vista Drive and accepted by the Town of Los Altos Hills and recorded in the Office of the Santa Clara County Recorder on February 23, 2012; and WHEREAS, Eric and Cheryl B. Evans ("Owner") own that certain real property commonly known as 11641 Buena Vista Drive (APN 182-29-060), Los Altos Hills, California; and WHEREAS, the Owner. seeks to vacate a portion of the existing open space easement in order to submit a lot line adjustment with the intent to enlarge a smaller vacant parcel (182-29-048) which is adjacent to 11641 Buena Vista Drive in order create a larger building envelope for a future residence further from the street; and WHEREAS, the Owner, in exchange for vacating a portion of the existing open space easement is dedicating a new open space easement along the westerly property line of 11641 Buena Vista Drive and dedicating an open space easement over the easterly half of APN 182-29-048 and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved with, the exception of a paved roadway and if retained in its current state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Town finds the vacation of a portion of the existing open space easement as described in Exhibit A and Exhibit B, attached, is consistent with the Town's General Plan and in the best interests of the Town; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that: The proposed vacation of a portion of the existing open space easement does not conflict with the General Plan because additional easements are being recorded over the subject property and an adjacent parcel that provide similar or greater benefits to the residents including encompassing a recognized pathway along the westerly property line and creating a large contiguous open space over both properties. 2. The City Clerk is hereby directed and authorized to record a certified copy of this Resolution, including the Exhibits at the Santa Clara County, Office of the Recorder. 3. The portion of the open space easement to be vacated on 11641 Buena Vista Drive will no longer constitute an open space easement from and after the date of recordation of the documents identify in this Resolution. Resolution 53-19 Page 1 4. The City Council finds that the vacation of a portion of the existing open space easement is exempt from review under the California Environmental. Act pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 21' day of August 2019 by the following vote: AYES: Spreen, Wu, Corrigan, Tyson NOES: Tankha ABSENT: None ABSTAIN: None ATTEST: &-,6 e"WL Deborah Padovan, City Clerk By: ti,�-. Ro Spre , Mayor Resolution 53-19 Page 2 EXHIBIT "A" Legal Description of the Open Space Easement to be Vacated (Abandoned) over 11641 Buena Vista Drive - Parcel A (502 Maps 43) Lands of Evans Los Altos Hills, California K 7Q An easement over certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of Open Space Easement Two, as described and shown upon that certain easement agreement which was recorded on February 23, 2012, as Document No. 21547695, in Santa Clara County Official Records, more particularly described as follows; BEGINNING at the most westerly corner of said Open Space Easement Two, said point being at the intersection of the southerly Right of Way line of Central Drive, being 30 feet distant and parallel, measured at a right angle, with the centerline of Central Drive, as shown upon that certain Parcel Map, which was filed for record in Book 846 of Maps, at Pages 30 -33, in Santa Clara County Records, with the westerly boundary of Parcel "A", as shown upon that certain Parcel Map, which was filed for record in Book 502 of Maps, at Page 43, in Santa Clara County Records; Thence, along said southerly right of way line of Central Drive, North 60040'50" East, 60.80 feet; Thence, continuing along said southerly right of way line, North 77053'23" East, 65.69 feet; Thence, continuing along said southerly right of way line, North 69005'23" East, 156.28 feet, to a point in an easterly boundary line of said Parcel A (502 Maps 43); Thence, along said easterly boundary line of said Parcel A, South 20055'00" East, 154.22 feet, to an angle point in the boundary line of said Parcel A; Thence, along the northerly boundary line of said Parcel A, North 69005'00" East, 86.66 feet; Thence, at a right angle, leaving the northerly boundary line of said Parcel A, South 20055'00" East, 36.00 feet, to a point in the southerly line of said Open Space Easement Two; Sheet 1 of 3 Sheets Resolution 53-19 Page 3 Open Space Easement to be Vacated Sheet 2 of 3 Sheets Thence, along the southerly boundary of said Open Space Easement Two, the following eight courses: 1. South 69005'00" West, 122.66 feet; 2. North 51043'16" West, 94.85 feet, to the beginning of a tangent curve, concave to the Southwest, with a radius of 68.78 feet; 3. Northwesterly along said curve, through a central angle of 22'10'31", and an arc distance of 26.62 feet; 4. North 76046'33" West, 30.80 feet, to the beginning of a tangent curve, concave to the South, with a radius of 62.53 feet; 5. Westerly along said curve, through a central angle of 27054'33", and an arc distance of 30.46 feet; 6. South 67040'57" West, 48.84 feet, to the beginning of a tangent curve, concave to the Southeast, with a radius of 66.61 feet; 7. Southwesterly along said curve, through a central angle of 37°39'22", and an arc distance of 43.78 feet; 8. South 28013'06" West, 74.31 feet, to a point in the westerly boundary line of said Parcel A; Thence, along said westerly boundary line, North 12020'47" West, 131.08 feet, to the POINT OF BEGINNING. Containing 33,934 square feet, more or less, as shown on the plat, Exhibit `B', attached hereto and made a part hereof. The remaining area of Open Space Easement Two will be 52,730 square feet, more or less. End of Description. Resolution 53-19 Page 4 SCALE. 1`--100 40105"E I �9 �sxD sa o 9 J ` `.- �?`S84iY * ice. 12-31620 +W 296' �2�60 �►s 4 84-A? hN CN ? had i �Qri^ N N 2 /* LEGEND �� l®TOEEVA EASEMENT TED U /^ (AREA=33, 934± S.F.) fpp•55,sE w S2o36 00 9,Og8 m 11641 BUENA VISTA DR. p,PN X82,2 tp 0 3 ` 0 o�Y f f0 p"E�gq..22 '� � S2p•55 15� 2� \\ AC S77'53'23"W 67. POR71ON OF OPEN SPACE ESMT \ 1; TWO TO BE VACA7FD (ABANDONED). 100 0 50 100 1 inch = 100 ft. S12'20'47"E 9.89' Giuliani & Sull Inc. SCALE: DATE:_ 'DUrvt,yors. 71DRAWN 0 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED (408) 615-4000 Fax (408) 615-4004 JOB NO.: Ai iki im A Cnn .Irmo . OeAtelnlo SHEETS: t° APN 182-29-060 N �� PARCEL A ' (REMAINDER) J 0 502 MAPS 43 X* n=22'10' 1* --�R=68.78 L=26.62' A=27'54'33" R=62.53 L=30.46' r37'3�2" L=473.78k' _31pjaRj=66.61' 7"W p3.44 N12'20 ""S12� 48,"E EXHIBIT 'B' UNE TABLE PLAT TO ACCOMPANY LEGAL DESCRIPTION 1 S37b0'17"W 38.85' 2 S31 '49'33"W 36.34' 3 S20'1258"W 30.91' 4 S20'1258"W 30.91' 5 N76 4633"W 30.80' 6 S67'40'57"W 48.84' 7 S28'13'06"W 74.31' 8 N55'50'34"W 57.65' 9 S55'50'34 "E 60.31' N73'59'18"W 141.67' 1 S73'59'18"E 132.01' S87'33'35'W 20.29' S20'55'00"E 30.00' N77'53'23"E 65.69' N60'40'50"E 60.80' S60 40'50"W 56.18' N60'1747 "E 49.76' �9 �sxD sa o 9 J ` `.- �?`S84iY * ice. 12-31620 +W 296' �2�60 �►s 4 84-A? hN CN ? had i �Qri^ N N 2 /* LEGEND �� l®TOEEVA EASEMENT TED U /^ (AREA=33, 934± S.F.) fpp•55,sE w S2o36 00 9,Og8 m 11641 BUENA VISTA DR. p,PN X82,2 tp 0 3 ` 0 o�Y f f0 p"E�gq..22 '� � S2p•55 15� 2� \\ AC S77'53'23"W 67. POR71ON OF OPEN SPACE ESMT \ 1; TWO TO BE VACA7FD (ABANDONED). 100 0 50 100 1 inch = 100 ft. S12'20'47"E 9.89' Giuliani & Sull Inc. SCALE: DATE:_ 'DUrvt,yors. 71DRAWN 0 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED (408) 615-4000 Fax (408) 615-4004 JOB NO.: Ai iki im A Cnn .Irmo . OeAtelnlo SHEETS: t° APN 182-29-060 N �� PARCEL A ' (REMAINDER) J 0 502 MAPS 43 X* n=22'10' 1* --�R=68.78 L=26.62' A=27'54'33" R=62.53 L=30.46' r37'3�2" L=473.78k' _31pjaRj=66.61' 7"W p3.44 N12'20 ""S12� 48,"E EXHIBIT 'B' 0=100' PLAT TO ACCOMPANY LEGAL DESCRIPTION /17/19 E.T. OPEN SPACE EASEMENT TO BE VACATED LOS ALTOS HILLS, CALIFORNIA M.H. 07145 3 OF 3 Resolution 53-19 Page 5