The URL can be used to link to this page

Home My WebLink AboutRESO 5976' • ORIGINAL RESOLUTION NO. 5976 RESOLUTION Of THE COUNCIL Of THE CITY OF PALO AL~O CRDF.RING THE VACATION Of AN EASEMENT FCR PUBLIC STREET PURPOSES BEING A PORTION OF GRANT AVENUE BETWEEN PARK BOULEVARD AND THE SOUTHERN PACIFIC RAILWAY TRACKS. WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate a possible easement for public street purposes acquired by implication on the Map of Addit1on to the Town of Mayfield, recorded in Book C of Miscellaneous Records, at Page 641, Records of Santa Clara County in the City of Palo Alto~ County of Santa Clara, State of California as described in Exhibit 11A11 attached hereto and as shown on a map marl<ed Exhibit "811 attached hereto and by reference made a part hereof; and WHEREAS, the adjacent property owners propose to develop their property including this easement, and upon such development, which incluoes relocation of the access to the Southern Pacific parking lot, there will be no foreseeable future use for this easement; and WHEREAS, on November 16, 1981, pursuant to Streets & Highways Code S8320j the Council of the City of Palo Alto passed a resolution setting forth the time and place for a public hearing for all persons interested in the proposed vacation; and WHEREAS, from all evidence submitted to the Council of the City of Palo Alto at said hearing it is found that said easement as described herein is not necessary for present or prospective public use as a street or non-motorized transportation facility. The Council's findings are set forth in Exhibit C attached hereto and incorporated by reference. NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council of the City of Palo Alto in accordance with Streets and Highways Code Section 8300 et seq. does hereby order that said easement as described herein be and thereby is vacated with the condition that this order is not effective unless and until the final subdivision map for Tract 7237 is recorded. SECTION 2. The Council finds that an environmental impact assessment was completed for the project that is to be built on the easement. The Council finds that there are no new circumstances and no substantial change in the project; therefore, the Council finds that no new environmental assessment is necessary. Resolution No. 5976 Page 2 • • Section 3. The City Clerk shall cause a certified copy of its resolution to be recorded in the office of the County Recorder of Santa Clara County after the recordat1on of the final subdivision map for Tract 7237. INTRODUCED ANO PASSED: December 7, 1981 AYES: Bechtel, Eyerly, Fazzino, Fletcher, Henderson, Klein, Levy, Witherspoon NOES: Renz el ABSENT: None ABSTENTIONS: None APPROVED A5 TO FORM: APPROVED: ~<'~ Mayor ... . ,. • HMH, Incorporated C1v1! Ern1,r.wers. • Planneri;, • Sur11t-.,,o•s PROPOSED ABAHDOKMEHT OF GRANT AVENUE PALO ALTO, CALIFORNIA • !'I N!'i! ltj >• tHll\j"IN~. H, ~ lUW1r • .! M1, d ~ AC l JAMt ~ T liA.RPf A October 13, 1981 Job No. 667-80-0 Page 1 of 1 Revised November·io,1981 All that certain parcel of land s1tu1te 1n the City of Palo Alto, County of Santa Clara, State of California. described as follows: A portion of Grant Avenue (Formerly Grant ~treet) 60.00 feet wide, as shown upon that certain map entitled MMayfield" recorded July 9. 1867 1n Volume Mc• of Miscellaneous Records at Page 641, Records of Santa Clara County. being 1ROre particularly described as follows: Beginning at~ point in the centerline of Grant Avenue as shown upon the above mentioned map, d1Stdnt thereon, N 33° 30' 18" E, 159.43 feet from the center11Ge of Park Boulevard (formerly Third Street} as shown upon the Record of Survey recorded May 25. 1967 ;n Book 223 of Maps at P1ge 2. Records of Santa Clara County; Thence, from said point of beginning. leaving said cer.terline. N 51° 301 5211 w. 30.115 feet to the northwesterly right of way l1ne of G,.ant Avenue; 1hence, along said northwesterly right of way line, N 33° 30' 1811 E, 2G7.5>6 feet to the centerline of the Southern Pacific Transportation Company's track designated as "Center lineofR.R. Track" and delineated upon said NP of Mayfield; ' Thence, leaving said northwesterly right of way line, along said centerline, S 51• 32' 07" E., 60.23 feet to the southeasterly right of way 1 ine of Grant Arenue; Thence, leaving said centerline, along said southeasterly right of way line, S 33• 30' 1811 Y, 267.58 feet; Thence, leaving said southeasterly right of way 1 ine, N 51° 30' 52" w. 30.115 feet to the point of baginning. Containing 0.369 ! Acres. EXHIBIT A 1353 Oakland Road, San Jose. CA 95112 (408) 294-3232 ~- /·,-.. ,, *Y.~y -., I I H+ 'VI -~----------.· R'1 TR4cir'• p ,i,U. N P4CIFIC . -·-fR -MISC 641 J TRA'fSPORATION _ _ COM~AN)" '5 , ' .:.:> -----------· • ....... .--. .... -._ I GRANT AVENUE PER MAP OF "'MAYF/£1. o': ''g" ilt/Sl /,'/ t~'JROS 462, JUL'f lflb7. 4.1 , • ;"• 'F _t/-.f.~ (,l_' ,, JI' ~ li. ~~ '1 ~ I \ I I I ! (iRANr AVENVE PER MAP "MAYFIELD," 't"MrSC. RECO 641, JI/LY 9, 186T. -------~ -- _ __.., ____ ............... -----i---------_ _,_ _______ _ EXHIBlr B ! ~I . ' -•• • EXHIBIT C FINDINGS IN SUPPORT OF THE RESOLUTION OROERI NG THE VACll.TION OF AN EASEMENT FOR PUBLIC STREET PURPOSES BEING A PORTION OF GRANT AVENUE BETWEEN PARK BOULEVARD AND THE SOUTHERN PACIFIC RAILWAY TRACKS. The Council of the City of Palo Alto finds that the easement for public street purposes on a portion of Grant Avenue between Park Bou1evard and the Southern Pacific Railway tracks, as described in the resolution and exhibits attached thereto, is not necessary for present or prospective public use as a street or non-motorized transportation facility in t:1at: 1. The easement is not shown on any City or County official records nr maps but is mentioned only in a judgment of the Superior Court of Santa Clara County, signed by Judge Eugene Premo, dated Septemeber 28, 1978, establishing title (Case ho. P-31144). That judgment, sought by Southern Pacific Transporta·~;on Company as pl air.tiff, did not explain the factual or legal basis for the existence of the easement. The City of Palo Alto was not a party to the suit. 2. The easement wil 1 not be ner:essary for access to the Southern Paci fie Railway parking lot since development plans include the creation of one new access point through Sheridan Avenue. There is also an existing access point at California Avenue which will continue to be utilized. These access points will be adequate to absorb a11 traffic. 3. The easement is not necessary for access to other properties along that portion of Grant Avenue as a sufficient portion of Grant Avenue will b~ dedicated to the City of Palo Alto by the developers of Tract 7237 to allow such access.