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Home My WebLink About2020-12-14 City Council Agendas (11) 1 of 1 TO: HONORABLE CITY COUNCIL FROM: JONATHAN LAIT, DIRECTOR DATE: DECEMBER 14, 2020 SUBJECT: AGENDA ITEM 4 - QUASI-JUDICIAL. 4115 EL CAMINO REAL: REQUEST FOR FINAL MAP TO DIVIDE AN EXISTING 15,453 SQUARE FOOT PARCEL INTO CONDOMINIUMS FOR A MIXED-USE PROJECT, INCLUDING SEVEN RESIDENTIAL UNITS, FOUR COMMERCIAL CONDOMINIUMS, AND A PUBLIC ACCESS EASEMENT. ENVIRONMENTAL ASSESSMENT: EXEMPT. ZONING DISTRICT: CN (COMMERCIAL NEIGHBORHOOD) Attached is the Pedestrian Access Easement Agreement, signed by the applicant. This document confirms the agreement between the applicant and the City of Palo Alto to record a pedestrian access easement through a breezeway on the project site. This easement allows for pedestrian access between El Camino Real and El Camino Way as required by the Architectural Review and Tentative Map conditions of approval. This agreement, along with a standard sidewalk easement along El Camino Real and a utility easement near El Camino Way, will be recorded along with the Final Map. These will fulfill the conditions of approval for the previous Architectural Review and Tentative Map, as described in PAMC 21.16. _______________________ _________________________ Jonathan Lait Ed Shikada Director of Planning & Development Services City Manager 4 DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 RECORDED AT THE REQUEST OF: The City of Palo Alto WHEN RECORDED RETURN TO: The City of Palo Alto 250 Hamilton Avenue Palo Alto,CA 94301 EASEMENT AGREEMENT FOR PUBLIC PEDESTRIAN ACCESS APN 023-041 -09 THIS EASEMENT AGREEMENT FOR PUBLIC PEDESTRIAN ACCESS (‘Breezeway Easement Agreement”)is made as an easement in gross by and between Y &J Michele Way,LLC,a California limited liability company,as “Grantor”and the City of Palo Alto,a municipal corporation as “Grantee”,as of ________________,2020 with respect to the real property described herein as: All of that certain real property situated in the City of Palo Alto,Santa Clara County,State of California, described on Exhibit “A”attached hereto and incorporated herein by this reference (the “Servient Estate”) NOW,THEREFORE,in consideration of the mutual covenants and declarations set forth herein and for other good and valuable consideration,the receipt and sufficiency of which is acknowledged,Grantor now grants to Grantee the easement and right herein stated for access over and area of the Servient Estate for use of a breezeway pedestrian walkway for access by the public to and from El Camino Real and El Camino Way,which shall exist and endure for the benefit of Grantee and the public as hereinafter provided,over and across the Breezeway Easement Area within the Servient Estate for the term stated in this Breezeway Easement Agreement,subject to the terms and conditions stated in this Breezeway Easement Agreement being kept and fulfilled. 1.Creation of Easements.There is hereby established and granted in favor of Grantee and the public over and across,those portions of the Servient Estate shown on Exhibit “B”attached hereto as the Breezeway Easement Area as a non-exclusive easement in gross for the purpose of use as a breezeway pedestrian walkway to be constructed by Grantor (“Breezeway Access Easement Area”)for Grantee and the general public for the term herein stated.Such rights of access shall be limited only to the Breezeway Access Easement Area as herein provided,and no other areas of the Servient Property. 2.Duration of Easement.The easements herein granted shall be perpetual until such time as Grantee terminates or abandons such easements by written instrument. 3.Use of Easement Area.The Breezeway Access Easement Area and all improvements installed and located therein may be used by the Grantee for public pedestrian access purposes for use by City,for public use as stated in Paragraph 4 of this Breezeway Easement Agreement. Limitations on Use of Easement.The Grantor or its successors and assigns,including any common interest development association that operates the common areas of the Servient Property may establish reasonable limitations on the timing and extent of use of the easements and rights granted or created herein as the Breezeway Access Easement Area subject to reasonable approval of the City. Notwithstanding the foregoing,unless the City agrees in writing otherwise,the Breezeway Access Easement Area shall be open to and for public use for access to and from El Camino Real to El Camino Way only from the hours of 7:00 a.m.to 9:00 p.m.,daily.Grantor and its successors in interest in and to the Servient Property may install lockable gates at the entrances to the Breezeway Access Easement Area to prevent access at hours other than the specified public use hours in the preceding sentence. Grantor and its successors in interest shall install and maintain signage at the entranceways to the Breezeway Access Easement Area,including on any gates,providing reasonable notice to the public that S:\PLAi\PLADIV\Current Planning\O —Application Types and Approvals\Subdivision\2018\4l15 El Camino Real )Tentative Map)\Breezeway —CCRs\4115 EL CANINO BREEZEWAY ACCESS EASEMENT FORN ayedit-DMVREVIEW3 docx 1. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 the area is open for public use and access 7:00 a.m.to 9:00 p.m.daily. 4.Construction of Breezeway Access Easement.Grantor shall construct the improvements that constitute the Breezeway Access Easement in accordance with the project plans as approved by the City at Grantor’s sole cost and expense,with the understanding that all such improvements shall be undertaken in accordance with the approved design and permit thereof,in a reasonable and prudent manner.All construction and installation of improvements hereunder shall be at no cost or expense to Grantee and shall be undertaken consistent in all material respects with the approved plans and City inspection requirements. 5.Maintenance of Breezeway Access Easement Area.The Grantor shall be responsible for general maintenance and repair of the improvements that constitute the Breezeway Access Easement during the term of this Breezeway Access Easement Agreement in a reasonable and prudent manner consistent with the City standards and at its sole cost and expense.If Grantor or its successors,assigns, contractors or invitees cause any damage to the Breezeway Access Easement Area,Grantor shall repair the Breezeway Access Easement Area within a reasonable time at its sole cost.Upon formation of a common interest development association that operates the common areas of the Servient Property the obligations of Grantor hereunder shall be deemed to have been assigned by Grantor to such a common interest development association which shall be obligated to assume and undertake such obligations for general maintenance and repair of the improvements that constitute the Breezeway Access Easement during the term of this Breezeway Access Easement Agreement.Grantee shall not bear any responsibility for the maintenance or repair of the Breezeway Access Easement improvements. 6.Easement in Gross.The easements and rights granted or created herein as the Easement Areas shall be an easement in gross for the use and benefit of Grantee and for the general public as a public access easement,and cannot be transferred,assigned,or encumbered. 7.Rights-Servient Estate Owner.The owner of the Servient Estate hereunder shall have the right to use the Servient Estate in any manner which is not inconsistent with this grant of easement hereby granted to the Grantee,which does not materially interfere with the easement rights hereunder granted to the Grantee.However,if Grantor or its successors,assigns,contractors or invitees cause any damage to the Breezeway Access Easement Area,Grantor shall repair the Breezeway Access Easement Area within a reasonable time at its sole cost. 8.Indemnity.Grantor shall indemnify and hold Grantee free and harmless from and against all cost,damage and/or liability which arises from or relates to the acts or omissions of Grantor,or of Grantor’s agents,employees,contractors,or invitees,in improving,maintaining,or using this Breezeway Access Easement Area,except to the extent that such cost,damage and/or liability arises from the gross negligence or willful misconduct of Grantee or Grantee’s agents,employees,contractors, or invitees. 9.Notices.Any notice request,demand or other communications permitted or required to be given under this Agreement shall be in writing duly addressed to the parties as follows: GRANTOR: Y &J Michele Way,LLC,a California limited liability company 433 Airport Blvd.Ste 550 Burlingame CA 94010 Attn:Bill Wu GRANTEE: The City of Palo Alto 250 Hamilton Avenue, Palo Alto,CA 94301 Attn:City Manager Any such notice sent by registered or certified mail,return receipt requested shall be deemed to have been duly given and received 5:00 p.m.(Pacific Time)two (2)business days after it is so addressed and S:\PLAN\PLAOIV\Current Planning\O —Application Types and Approvals’\Subdivision\2018\4115 El Camino Real (Tentative Map)\Breezeway —CCRs\4115 EL CANINO BREEZEWAY ACCESS EASEMENT FORN ayedit-DMVREVIEW3 .docx 2. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 mailed with postage prepaid.Any such notice sent by a recognized overnight courier service shall be deemed to have been duly given and received 5:00 p.m.(Pacific Time)one (12)business day after is so addressed and sent with the cost of such overnight delivery service prepaid.Notice sent by any other manner shall be effective only upon actual receipt thereof.Any party may change its address for purposes of this Agreement by giving notice to the other party as provided herein. 10.Attorneys’Fees.In the event any party hereto institutes legal action to enforce or interpret its rights under this Breezeway Access Easement Agreement,then the prevailing party or parties shall be entitled to reasonable attorneys’fees in addition to other costs of suit as awarded by the court. 11.Governinci Law and Venue.This this Breezeway Access Easement Agreement shall be governed under the laws of California.In the event that an action is brought pursuant to this Breezeway Access Easement Agreement,the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara. IN WITNESS WHEREOF,this Agreement is executed and made by the Grantor effective as of the date first above set forth. Grantor:Y &J Michele Way,LLC, a California limited liability company By: ________________________________ j1’AkI XAO TitJ&LI fIts:iJ’&’y-r& Grantee:City of Palo Alto,a California municipal corporation By: _______________________________ Its: ______________________________ S:\PLAN\PLADIV\Current Planning\Q —Application Types and Approvals\Subdivision\2018\4115 El Camino Real (Tentative Map)\Breezeway —CCRs\4115 EL CANINO BREEZEWAY ACCESS EASEMENT FORM ayedit-DMVREVIEW3 .docx 3. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -CIVIL CODE SECTION 1189 A notary public or other officer completing the certificate verifies only the identity of the individual who signed the7 document to which the certificate is attached and not the truthfulness,accuracy, or validity of that document. STATE OF CALIFORNIA ) SS COUNTY OF S’a /‘(‘d7o ) on V3 2O2’before me,kItth(.t4 ,Notary Public,personally appeared ‘€2C)who proved to me on the basis of satisfactory evidence to be the person whose name(is/.i’e subscribed to the within instrument and acknowledged to me that te1she/the executed the same in 1s!her/Ueir authorized capacity(js),and that by .1/her/tjieir signature)on the instrument the persorjs),or the entity upon behalf of which the person(s-)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Olifornia that the foregoing is true and correct. r.0.WI AU -flht.t.Ilm IUI —I Cou.#2209018 rSe ii (fl NOTARYPUBLIC.CAUF0RNIA L °.1 SANUATEOCOUNTY — MxCOMM.ExP.SEP.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -CIVIL CODE SECTION 1189 A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which the certificate is attached and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA SS COUNTY OF CA ) On I1-Ib ,j2 C 2-2O2’before me,L t2 )&&,Notary Public,personally appeared jY\9 t —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 that ieishe/ther executed the same in ba1her/their authorized capacity(es),and that byJis7her/their signatures)Thn the instrument the person(61 or the entity upon behalf of which the petson4)Thcted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. (Signature) [Seal] RITU BHAGRA-t COMM.#2294068 z Notary Public -California Z Santa Clara County — MtComrt Expires June 2 20231 S:\PLAN\PLADIV\Current Planning\O —Application Types and Approvals\Subdivision\2018\4115 El Canine Real (Tentative Map)\Breezeway —CCRs\4l15 EL CAMINO BREEZEWAY ACCESS EASEMENT FORM ayedit-DMVREVIEW3 .docx Witness 4. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 S:\PLAN\PLADIV\Current Planning\O —Application Types and Approvals\Subdivision\20l8\4115 El Camino Real (Tentative Map)\Breezeway —CCRs\4115 EL CANINO BREEZEWAY ACCESS EASEMENT FORM ayedit-DMVREVIEW3 dccx 5. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 Exhibit “A”-Servient Estate All of that real property situated in the City of Palo Alto,Santa Clara County,State of California described as: BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF THE OLD SAN FRANCISCO-SAN JOSE ROAD WHERE IT IS INTERSECTED BY THE SOUTHEASTERN LINE OF THAT CERTAIN 0.275 ACRE TRACT OF LAND AS DESCRIBED IN THE DEED FROM TYNAN LUMBER COMPANY,A CORPORATION,TO THOMAS HUNE,ET UX.,BY DEED DATED OCTOBER 7,1935,IN BOOK 749 O.R.PAGE 50,SANTA CLARA COUNTY RECORDS;THENCE ALONG SAID SOUTHWESTERN LINE OF THE OLD SAN FRANCISCO-SAN JOSE ROAD,NORTH 56°55’WEST 100 FEET;THENCE AT RIGHT ANGLES SOUTH 33°05’WEST 155 FEET,MORE OR LESS,TO A POINT ON THE NORTHEASTERN LINE OF THE NEW SAN FRANCISCO-SAN JOSE ROAD (STATE HIGHWAY),AS SAID NORTHEASTERN LINE WAS ESTABLISHED BY DEED FROM THERESA L.RHODES TO STATE OF CALIFORNIA,BY DEED DATED JULY 31,1929,RECORDED SEPTEMBER 13, 1929,IN BOOK 484 O.R.,PAGE 110,SANTA CLARA COUNTY RECORDS;THENCE RUNNING SOUTHEASTERLY ALONG SAID NORTHEASTERN LINE OF THE NEW SAN FRANCISCO-SAN JOSE ROAD (STATE HIGHWAY)ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3050 FEET,A DISTANCE OF 116 FEET,MORE OR LESS,TO THE NORTHWESTERN CORNER OF THAT CERTAIN 2-1/2 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM THERESA L.RHODES TO ANDREW J.MCCOY,El UX.,DATED MARCH 18,1925,RECORDED MARCH 21,1925,IN BOOK 149 O.R. PAGE 163;THENCE ALONG THE NORTHWESTERN LINE OF SAID 2-1/2 ACRE TRACT OF LAND ABOVE REFERRED TO;NORTH 33°05’EAST 190 FEET,MORE OR LESS,TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF FRONTING ON THE HIGHWAY LEADING FROM SAN FRANCISCO TO SAN JOSE KNOWN AS EL CAMINO REAL TAKEN OR CONVEYED FOR THE PURPOSE OF WIDENING SAID ROADWAY. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND GRANTED TO THE CITY OF PALO ALTO,A MUNICIPAL CORPORATION IN THAT FINAL JUDGMENT OF CONDEMNATION RECORDED OCTOBER 3,1967 AS INSTRUMENT NO.3296676,IN BOOK 7880,PAGE 102 OF OFFICIAL RECORDS. S:\PLAN\PLADIV\Current Planning\O —Application Types and Approvals\Subdivision\2018\4115 El Carnino Real (Tentative Map)\Breezeway —CCRs\41l5 EL CAMINO BREEZEWAY ACCESS EASEMENT FORM ayedit-DMVREVIEW3 .docx 6. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 Exhibit “B”-Breezeway Access Easement Area [ATTACH DRAWING SHOWING EASEMENT AREA] S:\PLAN\PLADIV\Current Planning\O —Application Types and Approvals\Subdivision\2018\4115 El Camino Real (Tentative Map)\Breezeway —CCRs\41l5 EL CAMINO BREEZEWAY ACCESS EASEMENT FORM ayedit—DMVREVIEN3 docx 7. DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 LANDS OF Y &J MICHELE WAY /DOC.NO.24110052 /-APN:132—46—100/TRUE t I POINT OF—\ I BEGINNING1O$-./ ________S33’05’O0”W 178.04’ ____ ;;/r.— P05 479 M 41 LANDS OF 10 (IR.) APN:132—46—105 0 20 40 80 /4.LEA &BRAZE ENGINEERING,tIC BREEZEWAY ACCESS EXHIBIT NGINEERS•LANDSURYORS FOR 4115 EL CAMINO AVENUEBAYAREAREGIONSACRAMENTOREGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGlAS BLVD.f 300 PALO ALTO,CALIFORNIAHA’rWARD,CAUFORNIA 94545 ROSEV1LLE,CA 95661 (F’)(510)887—4086 (P)(916)966—1338 (F)(510)887—3019 (F)(916)797—7363 WWW.LEABRAZE.COM APN:132—46—100 JOB #21 81522 / / /7.87’ /PARCEL 2—314 M 11ILANDSOFCCIGROUP LP APN:132—46—116 •—__N3Y05’48”_136.54’—-S. 15.42’ 69.62’5.13 2.50’ LLC I ..i_33•LANDS OF 0 (TR.) APN: 132—46—90 SCALE:1”=40’ LEGEND ______ BOUNDARY LINE PROPERTY LINE—BREEZEWAY ACCES DRAWN BY:PC DEC 4,2019 DocuSign Envelope ID: 1A608A51-7BCD-469C-B447-683F8CF14B25 Certificate Of Completion Envelope Id: 1A608A517BCD469CB447683F8CF14B25 Status: Completed Subject: Please DocuSign: PDS At Places Memo Council Dec. 14 Agenda Item No 4.pdf Source Envelope: Document Pages: 9 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Madina Klicheva AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Madina.Klicheva@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/8/2020 7:01:42 PM Holder: Madina Klicheva Madina.Klicheva@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 12/8/2020 7:02:36 PM Viewed: 12/9/2020 10:38:27 AM Signed: 12/9/2020 10:39:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 12/9/2020 10:39:08 AM Viewed: 12/10/2020 8:02:20 AM Signed: 12/10/2020 8:02:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/8/2020 7:02:36 PM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 12/10/2020 8:02:20 AM Signing Complete Security Checked 12/10/2020 8:02:54 AM Completed Security Checked 12/10/2020 8:02:54 AM Payment Events Status Timestamps