HomeMy WebLinkAbout09-12 • S
RESOLUTION NO. 9-12
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
ACCEPTING GRANT OF A PATHWAY EASEMENT
(Lands of Evans)
WHEREAS,Eric Evans and Cheryl Breetwor Evans,husband and wife, as community property
("Owners"), are the owners of the property commonly known as 11641 Buena Vista Drive, 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.
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 14th day of March, 2012 by the following vote:
AYES: Larsen, Waldeck, Mordo, Radford, Summit
NOES: None
ABSTAIN: None
ABSENT: None
BY:
- - '' 'ch 117, Mayor
ATTEST:-,
- / /
-Deborah PadovaYi, City Clerk
Resolution No.9-12 Page 1
• • Attachment A
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
GRANT OF PATHWAY EASEMENT
TO THE TOWN OF LOS ALTOS HILLS
(Lands of Evans)
THIS GRANT OF EASEMENT is made this ND-day of friarCil , 2012,by
Eric Evans and Cheryl Breetwor Evans,husband and wife, as community property
("Owners"), owners of the property commonly known as 11641 Buena Vista Drive, 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.
I -
Section 3. The Town hereby accepts the grant of the Easement.
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Resolution No.9-12 Page 2
• •
• IN WITNESS WHEREOF,the Owners have properly executed, and the Town has
hereby accepted, this grant of the Easement as follows:
OWNERS:
Date: I -Qj P&12
Eric Evans
Date: -',LL -,Zvi
Cheryl Breetwor Evans
TOWN OF LOS ALTOS HILLS:
Date:
Rich Larsen, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Resolution No.9-12 Page 3
• S
Exhibit A
Legal Description of Pathway Easement and Plat to Accompany Legal Description
Resolution No.9-12 Page 4
• •
04'1- L410'�!f
00 A, Rp 9 4/4.
EXHIBIT "A" a Q
•
No.7999
Legal Description of the Exp.
Pathway Dedication cr, Q,
over 11641 Buena Vista Drive - Parcel A (502 M 43) 97
Los Altos Hills, California F'F
All that certain real property in the Town of Los Altos Hills, County of Sant. Clara, State
of California, described as follows:
Being a portion of Parcel A, lying North of Central drive, as said Parcel A is shown upon
that 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 as
follows;
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 line
being a line parallel, and 30.00 feet distant, measured at a right angle, with the centerline
of Central Drive;
Thence, leaving said easterly boundary of Parcel A, and following the northerly right of way
line 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 Central
Drive, North 73°59'18" West, 141.67 feet;
Thence, continuingalong the northerly right of way line of said future 60 foot wide Central
Drive, South 87°33'35" West, 20.29 feet, to a point on the northwesterly boundary line of
said Parcel A;
Thence, along the northwesterly boundary line of said Parcel A, North 37°00'17" 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, 181.96
feet, to the POINT OF BEGINNING.
Containing 21,019 square feet, more or less, as shown on the plat attached hereto and
made a part hereof.
End of Description.
Page 1 of 2
Resolution No.9-12 Page 5
• •
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LEGEND
////„/„,,,./ PA TH WA Y DEDI CA TION
•
SCALE: 1"=40'
r - . Giuliani & gull Inc. SCALE: 1"=40' PLAT TO
DESCRIPTIONY
♦ DATE: 12/6/11
Engineers • Planners • Surveyors DRAWN: E.T. PATHWAY DEDICATION
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. OVER PARCEL A (502 M 43)
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 07145
Auburn • San Jose • OakdoJ b,.,SHEE 0S,,a 2 OF 2 LOS ALTOS HILLS, CALIFQJ N�PI/�
Ft\2007\07145\dwg\07145ptat.dwg 9/11/2007 9150136 AM PDT
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State of California )
County of Santa Clara )
On 0-i3,-NI, 9--6.2z12-before me, l'ck AN-01--T lc-- 9\--11-, notary public,
personally appeared
87 (Z-c- CQA-tJ_. 111-4..D C f.-1 G-P-NI L n .T 1)' CV /
who proved to me on the basis of satisfactory evidence to be the person(s) whose name
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, 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 that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Resolution No.9-12 Page 7
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12220 . Attachment 3
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LEGEND: z"ws' 27635
EXISTING PATH WITH EASEMENTS - 27625
FUTURE PATH-RECOMMENDED TO RETAIN(CURRENTLY SHOWN ON- „
THE 1981 MASTER PATHWAY PLAN) 0-,,.......-...w.,„
FUTURE PATH-PROPOSED TO ADD(NOT SHOWN ON THE 1981 MASTER- y0�.
PATHWAY PLAN) MASTER PATH MAP
e� FUTURE PATH-PROPOSED FOR REMOVAL FROM THE 1981 MASTER PATHWAY PLAN
c' ROAD SIDE PATH IN PRIVATE AND PUBLIC ROADS ADOPTED BY THE CITY COUNCIL
a+2.rii^nve FSF ��
"�,.;„�.,;„c;+; : . TOWN LANDS MARCH 8, 2005
k •
• •
Attachment 4
Adopted May 8,2008
OFF-ROAD PATHS
GOAL 3
Develop and maintain a system of off-road paths that provide connections
between neighborhoods and direct routes to schools and open space preserves.
Policy 3.1 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. Cul-
de-sacs should have off-road paths that connect the end of the street to adjoining
neighborhoods whenever possible.
Policy 3.2 There shall be three classes of Off-Road Paths:
Class 1—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—Off-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 3.3 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.
Policy 3.4 Whenever possible,the Town shall require the dedication of easements for off-
road paths along designated emergency routes.
Policy 3.5 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.
Policy 3.6 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.
Policy 3.7 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.
Policy 3.8 Off-road paths shall be located along or as close to property lines as possible.
Pathways Element
Los Altos Hills General Plan
Resolution I4? P/6 Page 9