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HomeMy WebLinkAbout3.3 Y ' 3,3 TOWN OF LOS ALTOS FALLS January 17,2008 Staff Report to the Planning Commission RE: CERTIFICATE OF CORRECTION,PARCEL MAP NO. 710 PAGES 28 AND 29 LANDS OF ROGEZ FROM: Richard Chiu, City Engineer R C. RECOMMENDATION: That the Planning Commission: - 1. Recommend Approval to the City Council of a Certificate of Correction Amending a Final Map subject to the Findings as recommended by Staff. BACKGROUND: In October 1998, Parcel Map No. 710 "A SUBDIVISION OF LANDS OF ROGEZ AS DESCRIBED IN P264 OF OFFICIAL RECORDS AT PAGE 637" was approved by the Town of Los Altos Hills City Council. This Parcel Map included an Irrevocable Offer of Dedication of Strom Drain Easement Series No. 14545156. The easement was for water management and/or storm drain purposes. The Town did not accept the offer of dedication in October 1998, but reserved the right to accept by resolution of the City Council at any time in the future. The Town's intent was to assign the easement to Santa Clara Valley Water District for flood protection. As part of the Adobe Creek Upper Reach 5 Restoration Project, Santa Clara Valley Water District has been working directly with the current property owners to obtain the necessary easements for flood protection, storm drain, and construction purposes. DISCUSSION: The property owners of lots 1, 2, and 3 of Parcel Map No. 710 request the modification of Strom Drain Easement Series No. 14545156 that was recorded with the Final Map. The attached exhibits indicate the lots where the property owners are requesting the Final Map Amendments. The Town proposes to record a Termination of Irrevocable Offer of Dedication of Storm Drain Easement and Quitclaim. Deed ("Termination and Quitclaim") only upon granting of Flood Protection Easements, and acceptance of the new easements by the Santa Clara Valley Water District. The Town will record the Termination and Quitclaim immediately following the recordation of the easements granted to Santa Clara Valley Water District. The Town's Municipal Code Section 9-1.1210 requires that specific findings be made to support Final Map Amendments. It is the Planning Commission's role to review these findings and make a recommendation to the City Council. The findings listed below have been made to support approval of the Final Map Amendments. F, FINDINGS: 1. There are changes in circumstances which make the Irrevocable Offer of Dedication of Strom Drain Easement Series No. 14545156 shown on the map no longer appropriate or necessary. The proposed Adobe Creek Upper Reach 5 Restoration Project will result in a modification of the easement limits necessary for flood protection. Representative from the Santa Clara Valley Water District has been working directly with the current property owners to obtain the necessary easements for flood protection, storm drain, and construction purposes. The new Flood Protection Easement Areas to be obtained by Santa Clara Valley Water District will replace the Storm Drain Easement Area offered to the Town. 2. The modifications do not impose any additional burden on the present fee owners of the properties. There is not any affect on the sizes of the lots, the locations or extents of the streets and roads, or the Maximum Floor Areas and Maximum Development Areas allowed for the properties. 3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map. While the modifications include the termination of an irrevocable offer of dedication of storm drain easement to the Town, the necessary easements will have been obtained by Santa Clara Valley Water District. The Town's intention was to assign the easement to Santa Clara Valley Water District for flood protection purposes. 4. The areas affected by the removals of the irrevocable offer of dedication of storm drain easement will be determined as to the physical suitability for residential development and density of development using the requirements that are currently provided in the Town Code for all development. 5. The proposed modifications will not cause public health problems, or environmental damage, including injury to fish or wildlife and their habitats since the properties will still be required to meet the provisions of the Town's Code which address these issues. 6. The proposed modifications will not affect any existing easements acquired by the public at large, for access through or use of, the affected properties. Staff is available to answer any questions of the Planning Commission or public. Attachments: A: Recommended Condition of Approval B: Termination of Irrevocable Offer of Dedication of Storm Drain Easement and Quitclaim Deed C: Plat Maps showing Modifications to lots 1, 2, and 3 of Parcel Map No. 710 cc: Santa Clara Valley Water District, Gani Jusuf and Caroline Jusuf, i Didier J. Rogez, Peter M. Astiz and Anne M. Astiz f RECOMMENDED CONDITION FOR CERTIFICATE OF CORRECTION AMENDING A FINAL MAP PARCEL MAP NO. 710 PAGES 28 AND 29 LANDS OF ROGEZ A. ENGINEERING DEPARTMENT: 1. The Town will record the Termination of Irrevocable Offer of Dedication of. Storm Drain Easement and Quitclaim Deed ("Termination and Quitclaim") only upon the granting of Flood Protection Easements, and acceptance of the new easements by the Santa Clara Valley Water District. The Town will record the Termination and Quitclaim immediately following the recordation of the easementsgranted to Santa Clara Valley Water District. t RECORDED WITHOUT FEE UNDER GOVERNMENT CODE SECTION RECORDING REQUESTED BY AND UPON RECORDING RETURN TO: TOWN OF LOS ALTOS HILLS 26379 FREMONT RD LOS ALTOS HILLS CA 94422 (ABOVE SPACE FOR RECORDER'S USE) TERMINATION OF IRREVOCABLE OFFER OF DEDICATION OF STORK DRAIN EASEMENT AND QUITCLAIM DEED This Termination of Irrevocable Offer of Dedication of Storm Drain Easement and' Quitclaim Deed(the"Termination and Quitclaim")is entered into this—day of January, 2008, by--the TOWN OF LOS ALTOS HILLS, a general law city of the State of California ("Town with reference to the following facts. RECITALS: A. Pursuant to that Irrevocable Offer of Dedication of Storm Drain Easement recorded in the Official Records of Santa Clara.County on December 10, 1948 as Document No. 14545156 (the "Offer of Dedication"), Didier J. Rogez and Isabelle J. Rog Rog (collectively, the "Grantors") offered the'Town an easement for water management and/or storm drainage and related purposes (the "Easement") in,upon, over and across certain real property situated in the Town of Los Altos hills and more particularly described in Exhibit A attached hereto and incorporated herein (the "Easement Area"). B. The Town now desires to decline to accept the Easement offered in the Offer of Dedication, to terminate the effectiveness of the Offer of Dedication and to quitclaim any interest that the Town may have in and to the properties comprising the Easement Area and resulting from the making or recordation Of the Offer of Dedication. C. The Offer of Dedication was expressly assignable to the Santa Clara Valley Water District (the "District") and the District is joining in the execution of this-Termination and Quitclaim to confirm that the Offer of Dedication has not been assigned to the District. NOW,THEREFORE, the Town agrees and declares as follows: 1. Termination of Offer of Dedication and Ouitclaim: The Town hereby declines to accept the Easement offered to it in the Offer of Dedication and terminates the effectiveness of the Offer of Dedication. Further, the Town quitclaims and conveys to the owners of each of the properties comprising the Easement Area any and all interest that the Town may hold in each such property by virtue of the Grantors having made or recorded the Offer of Dedication. It is Termination of Dedication Offer the Town's intent in executing this Termination and Quitclaim to completely and finally terminate the effect of the Offer of Dedication upon the properties comprising the Easement Area notwithstanding the express terms of the Offer of Dedication stating that it is irrevocable., that it shall run with the land and be binding upon the heirs,representatives, successors and assigns of the Grantors. Upon the,execution and recordation hereof, the Offer of Dedication shall be of no further force or effect and all duties or restrictions imposed upon the properties comprising the Easement Area and all rights granted to the Town by the Offer of Dedication shall be null and void. 2. Cooperation: In furtherance of the above-stated i'ntent, upon written re-quest by any of the owners of the.properties comprising the Easement Area, the Town agrees, at no out- of-pocket cost or expense to the Town, to execute such further documents and instruments as may be reasonably necessary to clear title to the properties comprising the Easement Area of any continuing impact upon said properties resulting from the Offer of Dedication, 3. Binding on Successors: The covenants and terms herein contained shall apply to and be binding upon the signatories hereto and their respective heirs executors, administrators assigns, and other successors in interest. IN WITNESS WHEREOF, the Town has executed this Termination and Quitclaim with an intent to be bound hereby as of the date this Agreement is recorded. TOWN: The Town of Los Altos Hills, a General law city of the State of California By: Mayor ATTEST: City Clerk BY THE EXECUTION HEREOF, the undersigned Santa Clara Valley Water District Termination of Dedication Offer 2 acknowledges that it has not.en or prior to the date hereof received an assignment of or accepted the Offer of Dedication,the Easement or any rights or interests granted to the Town under the terms.of the Offer of Dedication. DISTRICT: The Santa Clara Valley Water District, a 01 Ub Name:pe a m no-- tL Tw� Title:Igea.-\ Esi?.t-e Gn1-t Man l:c Termination of Dedication Offer j EXHE3IT A Legal Description of Easement Area i Termination of Dedication Offer X14, LEGAL, DESCRIPTION STORM DRAIN EASEMENT OVER ADOBE CREEK GRANTED TO THE TOWN OF LOS ALTOS HILLS LANDS OF ROGEZ A portion of Lot 34 of the Taaffe Partition as Recorded in Book"I" of Maps at Pages 72 and 73, Town of Los Altos Hills, Califomia. Being a perpetual Easement for Storm Drainage purposes over, under, through and across a strip of land lying adjacent to and Southerly , of Adobe Creek described as: Beginning at the most Southerly comer of Lot 7 of Tract No. 4878 as designated and delineated upon that certain Official Map filed in Book.288 of Maps at Page 55, Santa Clara County Records and running thence, along the Southerly Boundary of Tract No. 4878 as shown on Map filed in Book 288 of Maps at Page 55, and Tract No. 1431 as, , shown on Map filed in Book 55 of Maps at Pages 32 and 33, the following (18) courses; (1) S.80- 1500-E 84.00!. (2) S.33- 50'00-E 69.20'. (3) S.35- 13'00-E 17.50'. (4) S.26° 16'00"E 55.50'. (5) S56- 36'00-E 108.70'. (6) S.77- 36'00-E 48.00'. (7) N.65- 24,00-E 16.60'. (8) N.13020'00"E21.40'. (9) N.56010'00'E9.32. (10) S.05" 00'00EI1.22 . (11.) N.85000'00"E66.13'. (12) S.26-45'00-E0.23'. (13) S.85- 48'00"E21.20'. (14) N.67- 54!00-E16.10'. (15) N.80- 00'00-E30.00'. (16) S78' 00'00-E35.60'. (17) N.76- 17'00"E 64-50'. (18) N.89- 43'00"E 9.28' to the Westerly right-of-way line of West Edith Avenue. w Thence, S.48' 18'49"W 99.50' along said right-o# ay line i to a point Thence, leaving said right-of-way line S.88' 5335"W 18.01' to a point. Thence, through a non-tangent curve concave to the North with a beginning Radial Bearing of N.37" 15'45"W a Radius of 302.00' a Central Angle of 42' 04'47" and an Arc Distance of 291.80'. Thence, through a non-tangent curve concave to the North with a beginning Radial Bearing of N.4' 49'02"E a Radius of 158.00' a Central Angle of 32'3 35'02*' and an Arc Distance of 89.85 . Thence, N.52" 3556"W 83.40'. Thence, through a tangent curve concave to the North having 148.00' a Central Angle of 16' 49'48" and an Arc Distance of 43.47' to a point of reverse .curve. Thence,-through a non-tangent curve concave to the South with a beginning Radial Bearing of S.54° 13'52"W a Radius of 148.00' a Central Angle 19' 5452' and an Arc Distance'of 51.44. Thence, N.550 41'00"W.89.39.to a point of curve. Thence, through' . a tangent curve concave to the North having a Radius of 52.00' a Central Angle of 370 1650" and an Arc Distance of 33.32'. Thence, N.180 25'10"W69.11' to the North line of lands called for in Deed Recorded in Book "P-264" at Page 639, Santa Clara County Records. Thence S.86' 56'59"E 71.41' along said North line to the point of beginning. End of Description %'AND fy �xo 15792 OF -A STATE OF ) ss COUNTY OF ) On before me, Notary Public,personally appeared personally-known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC (SEAL) STATE OF ) ss COUNTY OF ) On before me, Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC (SEAL) Termination of Dedication Offer JUSUF FAMILY TRUST LiPPE TM 878 DOC, 13114226 288— —55 ECHERD .175-11-045 DOC. 1783650 175-11-044 CONSERVATION EASEMENT SERIES NO. 14545155 PER �® PM 710 M 28 TO 29 °,\ MOOS �3 ADo&E 175-10-015 ,'g� ., - PARCEL 1, 2 DOC. 12896322 °6 3 �: :�cn CREEK 6 �e ro food Prd~fecfcdn POINT OF �menf TERMINUS -S ��s 0 1 '27 TA g�G. .�•' N T.P.O.B. PARCEL 2 JUSUF _ ------ --------- --------- FAMILY TRUST DOC. 19002162 • , �` O175-25-066 STORM,DRAIN EASEMENT SERIES NO. 14545156 PER P M 710—M-28TO29 S s�\ PM 710 M 28 TO 29 Co LOT 1 `t20 � . O 'pCD '• m BASIS OF BEARINGS: Bearings are based on and identical to that certain Parcel Map filed December 10, `, S d.��t ROGEZ 1998 in Book 710 of Maps at Pages 28 to 29, Santa Clara 1�cS`,1 ,�'�1 DOC. 15830166 County Records. •ti` "6 175-25-067 0 9 Q LANG? �`. PM 710—M-28T029 DWIGHT J. � �ti`�y ,\\ LOT 2 U BUSALACCHI O tiLU w M -� L.S.7903 AREA TO BE ACQUIRED 1`�a� 1 g * EXP. 12-31-07 * PARCEL 1: 2038.797 SF:t or 0.047 AC '0 U PARCEL 2: 1822.519 SF t or 0.042 AC± OF CAL��O TOTAL AREA: 3861.316 SF t or 0.089 AC a CC a PROJ. NO. 1010 0 5onto Clora%iley Water DisEdd 8 9 SCALE: 1°=40' FILE NO. 1 _ APN 175-25-066 REV. APPR. DATE DESCRIPTION TITLE REPORT NO. 1 DJB 09/07 combine 1010-198 p&d 8/9/06.&5/16/07;sep. pcls. DRAWN 8DQ cCn 2 DATE 09/11/07 Sheet 1 of 1 t VAS ` ROGEZ LIPPE ECIERD \ •17OC. 13114-226 DOC. 1783650 SELIGMA 175-11-045 ,� �'.r. . 175-11-044 DOC. 17186601 Q �• STORM DRAIN EASEMENT �' SERIES NO. 14545156 PER PM 710 M 28 TO 29 175-11-043 �� 7�� TM 4878 288-M-55 o���.':•-.':�.�.•.".=..�':-••�.���:'.8~:'.�:°�``'... s3 o FRIES NO 1i4O54EASEMENT 55E EENP . ,00P ��a . . . . . m,,�r�,4© R M 710 M 28 TO 29 ':':.:.- " - •:.:':-: :;.; F.CREEFC.�?5 Fldad Aro��'t`rtln a3g01 E: : : : : .•. ' ' : : . ,�526P.O.B. PARCEL I,2 a •.TA • . .� . . C?p L=80.18' . '*�y4.' 'C' � S56'36'00"E ice'•'•'• •'• G y °' G3: : : . ' : ' . : :•: : ;. : : : : : RaB��:'.:;:;: ; : 108.70 v 0 m C2-:-: PACE 2 �,. o.,.6zg 0, e6,.,.• rt ' :.•:.�, 3 05.: '1326W 11576 M a -77 N55 07'07"W.:cv u� \ . ':'': co 4 113.21` —N57'13'26" 1N4 PARCEL 2 ! TP ARG _ 6,�::.;:::.:�•a�� ,,, `————— ————————————— cin "f5 cn CURVE TABLE. � ROGEZ CURVE RADIUS DELTA LENGTH � � DOC.15830166 C1 20.00' 56'.31'01" 19.73' 4V � 7\\ 175-25-067 C2 10.00' 29'33'59•' S 16' �`�' p��' 0\. \� C3 99.98' 1 10°30'05" 1$.32` 2 PM 710-M-28TO29 LOT 2 C4 100-00' 113-12'4710 23-06' " O � C5 30.00' 25'43'57" 13.47' IN 1 C6 40.00' 24°15136" �94Cc dn-' ,<;, .e-N `� o. ��� C7 120-00' 07"51'45" �AY 1 claG "1`'R �`�' `��� \`'�,� BASIS OF BEARINGS: Bearings are based on ,N0 �h `,, and identical to that Certain Parcel Map filed December 10, 1998 in Book 710 of Maps at Pages o � rv� 28 to 29, Santa Clara County Records. o . LANA . U-1 v DWIGHT J. o U= BUSALA CH O o _ o .-' /S. O3 AREA TO BE ACQUIRED - - Q 12-31-07 PARCEL 1. 10650.062 SF±or 0.244 AC a � � � ��� PARCEL 2: 5984:048 SF+or 0 137 AC + TOTAL AREA: 1'6634.110 SF±or 0.381 AC± LU T�pF CAL�FO�` 0 CL C:> PROD. NO. 1010 g o Santa Clara Valley Water disidd � 19 SCALE: 1"= 50' FILE NO. 7 _.._. ARN 175725-067 3: REV. APPR. DATE DESCRIPTION TITLE REPORT NO. 1 DJB 9/10/07 ADD MITIGATION EASEMENT DRAWN . 2 DATE 09/06/07, Sheet 1 of 1 4. a" i .r SA Mc -60 GOT �'pgyF 11.x• �a '� L."3 pD _• 5.8{3 .{ :... :•. .::,.::-��' ,��'� i5 ,pec,-f t LpfiPro2 101p bA . ASS71 Lip. 9 . Al bi p to j ¢ flan of(� \ ?66 '49 S48° 8'49^ �' tJeJl?. at r � Y Ctna of. a ' fan ° T 9t? Parc. LQt 3 SPR ZZq { is.0/ate e gams aft �xrR arthgs ae Shakap R aFAr S . . .h�p' „�. lieCeorl y `fie f pRe� acI� jp010 195 Baste o 'gF'jy'. . 17, 3. of � 'N aRTll�p ? B t-J 1