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HomeMy WebLinkAboutRESO 6362ltUOLOTIO. llO. 6362 ORIGINAL RBSOLDTIO. OP Ut'DllO.-OP ~IL OP TB.I Clft OP PALO AL'IO 'lO ·~ emu• SUBSORFACB S!'R8Bt' ADAS AI.oBG POlft'I098 OP Li!Im AYBllDB, u..a. Sftt&ft AllD LAJIB 13 1IR8T AIU> Snt'IllG A PUBLIC BllAUllG WHEREAS, University National Bank & Trust Company (•UNB•) desires to construct an off ice building at the corner of Lytton and Ramona Streets and its plans have been approved by the City1 and WHEREAS, in order to satisfy City's parking ordinance require- ments, an underground parking structure, protruding under the public sidewalk is required; and WHEREAS, City desires to cooperate with UNB so that they may pro- vide sufficient on-site parking spaces which will require vacating small portions of subsurface public street right-of-way areas along Lytton Avenue, Ramona Street, near their intersections, and the alley between the UNB building and the adjacent public parking lot known as Lane 13 West; and WHEREAS, UNB owns, or will own, the fee underlying the affected public right-of-way areasi and WHEREAS, it is the intention of the Council of the City of Palo Alto to vacate certain subsurface street areas beneath Lytton Avenue, Ramona Street, and the alley between the UNB building and the adjacent public parking lot known as Lane 13 West, in the City of Palo Al to, County of Santa Clara, State of California described in Exhibit •A• and as shown on a map marked Exhibit •e• which exhibits are attached hereto and by reference made a part hereof (hereinafter referred to as •sub- surface street areas•)1 and - WHEREAS, the Council of the City of Palo Alto inte:tds to vacate such subsurface street areas according to the procedures set forth in California Streets and Highways Code Division 9, Part 3, Chapter 3 (S8320 et seq.)1 and NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SBCTION 1. The Council of the City of Palo Alto does hereby de- clare its intention pursuant to the Public Streets, Highways, and Ser- vice Easeaents Vacation Law, Section 8300 et seq. of the Streets and Highways Code to vacate certain subsurface street areas located in the City of Palo Alto, County of Santa Clara, State of California, as de- scribed in Exhibit •A• shown on Exhibit •s•, which exhibits are attach- ed hereto and by this reference made a part hereof and are on file in the off ice of the City Clerk. SECTION 2. This vacation is made under the authority of and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (58320) et seq.). -1- e. SECTION 3. The Council hereby orders that a public hearing take place on April 22, 1985, at the hour of 7:30 p.m. or as soon thereafter as the matter may be heard in the Council Chambers, 250 Hamilton Ave- nue, Palo Alto, California, for all persons interested in the proposed vacation. Upon vacation the City's interest in the vacated areas shall be quitclaimed to UNB upon the following conditions: 1. UNB shall at its own expenoe construct, maintain and repair the proposed parking garage in accordance with plans approved by, and o~ file with, City's Division of Public Works. The.under- ground garage within the vacated area shall be designed to withstand a load of 2 times e-20 or the equivalent lifting capacity of a 90-ton crane, whichever is greater in Lane 13 West. The struc- ture within the vacated subsurface area shall be the property of UNB. City does not warrant the suitability of said property for the contemplated use. UNB is responsible for inspecting said prop- erty to assure its fitness for said use. 2. UNB agrees to indeanify, save and keep City of Palo Alto, its officers, agents, and em- ployees free and haraless, from and ~gainst any and all claims for injury, damage, loss, liability, cost and expenses of any name or nature whatsoever, which City of Palo Alto, its officers, agents, or employees may suffer, sustain, incur or pay out as a result of any and all actions, suits, proceed- ings, claias and demands which may ~ brought, aade or filed against City of Palo Alto, its off ice~s, agents, and employees by reason of, or in any man- ner connected with construction use or repair of any structures or operations in the subsurface street areas which aay be vacated pursuant to the proceedings initiated by this resolution. 3,. ONB shall maintain in full force and effect an insurance policy (or policies) issued by an insurance coapany satisfactory to the City's Loss Control Manager which shall name as an addi- tional named insured the City, its officers, agents and employees, and which shall indeJD.nify the City, its officers, agents and employees, against all personal injury and/or proptery damage claias, personal injury and/or property du.age liability, and personal injl.lry and/or property damage loss resulting from. the use of said subsurface space. The policy shall have a single limit of lisbility of not less than $1,000,000 with an aggr~ate limit of not less tban $5,000,000. The first such policy or policies shall be issued prior to starting con- struction of the proposed garage. All policies or -2- c~rtif icates of Insurance shall be subject to ap- p~oval as to form by the Loss Control Manager. 4. Such subsurface street areas may be used only for the purpose of constructing, maintaining, repairing, and operating the parking garage and related stair wells and mechanical and electrical equipment. s. Before 9ari19e, U'NB shall required permits, required building commencing constru~tion of apply for and obtain any and including but not limited to permit from the City. the all the 6. If the construction of said subsurface parking structure has not cORU1enced and excavation for said subsurface parking structure is not com- pleted within 12 months of Council's adoption of this resolution, the vacations described in this resolution shall be null and void. 7. If (i) construction is not completed within 36 aonths of Council• s adoption of this resolution, (ii) the parking garage or the building to which it connects are voluntarily demo! ishech (iii) the parking garage or t.,_e building to which it connects are destroyed and reconstruction ana repair have not co .. enced within 12 aont~s of such destruction and completed within 36 months of de- structionr or (iv) if. the subsurface parking struc··· ture is abandoned for a period of three months, (v) if the insurance policy is not maintained in accor- dance with condition 3, and if the City gives UNB notice of its intention to exercise its rights under this ; .. aragraph then in any such events, all UNB intere$t in said subsurface area shall terai- nate and automatically revert to the City and Gran- tee, upon written deaand from the City so to do, shall forthwith commence and diligently prosecute the re•oval of all of its improvements from such subsurface area at ORB' s sole expense. Px-ovided that if during any period referred to above that UNB shall be unable to reconstruct or repair said structure because of war, insurrection, strikes, lockouts1 rlots1 floods, earthquakes1 fires1 casu- alties: acts of God1 acts of the public -eneays epi- cleaica; quarantine reatrictions1 freight ellbargoess lack of tranaportationr governaent restrictions or priorityr unusually severe weather1 inability to secure necesaary labor, aaterials or toola1 acts of the City or said Agency, and any other causes be- yond the control of owner causing delays or de- faults, the deadlines set forth in this paragraph shall be extended by a tiae equivalent to that -3- e. during which such inability exists. Financial in- ability, failure to lease or sell or to obtain a satisfactory mortgage commitment or equity or oper- ating funds is not an event of Force Majeure. 8. Petformance Bond or Completion Bond guar- anteeing completion of subsurface parking structure in an amount equal to estimated cost to construct said structure shall be provided to the City prior to commencement of construction of said garage. 9. The vacation of easements shall not be- come effective unless and until the underlying fee ownership to the portion of the easements affected by the vacation vests with UNB. SECTION 4. The Council finds that this project will have no sig- nificant environmental impact. INTRODUCED AND PASSED: March 18, 1985 AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Witherspoon~ Woolley NOSS: None ABSTENTIONS: None ABSENT: Hone APPROV _AS TO FORM: -~~-~~ -·- • . . ' LmAl!SCRinION OF NET !BCROACHMENAtw or ~TY NATION ~ It TRUST COOA!d"BoILDING Ill that ctrtl1n real property situated in the City or Palo Alto, Count1 ot Santa Clara, State ot C&Uforr.ia, described &a tollovat IOB lt AU elevations hereinafter mentioned refer to United states Coaat and Qeodet.1~ &lM'ey Datwa. l!OTI 2a All streets and street lines hereinatter mentioned at"e 1.n accordance vi.th that certain :cap entitled, 'Mills SJ.bd.1V1s1on or Bleck 1:3 in the 1'0ll.ll ot Un1Yersit7 Park1 opposite Leland stantord University, Santa Cl&N Co •• Cal.• recorded February 28, 1889 in Book: •D• or Kaps, at pqe ?l, 1n the Of tic a or the Recorder of the Count1 ot Sant& Clara, ~te ot California. PARCKL OBla All that real property between the· bottom ot 'the sidewalk paving generally tolloving a horizontal plane at eleTation 51.~)lteet and a horizontal plane at elevation JO.J9 teet. "bo\inded by planes projected vertically below the aurtace limits ot certain laM. described as tollows1 Be11nning at • point on the Sou.thwester]3' line or Ruona Street distant thereon Saith 510 451 last ,S.5() feet f'roll the Soutbea1ter}7 line Of Lytton !Tenue; thence num1:lg along said Southwester~ line or Ruona street South 510 45' £1st. l.SO feet: thence parallel with said Sou.theasterey· line ot I.¥tton Avenue North 350 is• last. 6.00 teet; thence parallel with aa1d SOQ.thvester:q line of Ramona street lort.'-. 510 45• West l.SO feet; thence parallel with said Southeasterly line ~ t.Jtt.on Avem• South 350 15' Vest 6.oo feet to the point ot beginning. Being a portion of Jtamona Strest. PARC!L Ma .. . ,, ·.· . AU that real property between the bottoa ot th~ aidewalk paving ~.-,neral~ tolloving a slopacl pl.&ne vitb elevation 51.31 !eet at its nort.hvesterl.y line am elevation 56.~ re-.t. at its aost ·~t.hea.at.erl) line. and 'l boriaontal plane at elevation )0.39 teat, baurwied by planes projected . Tert.S.Cally belov the wrtac• 11!11.ts ot certain land deacribed as tollowa1 8eg1nn1M at a point on the Soa.thw•t.er]¥ line ot Raaana St.reet distant thereon Sol.th jJ.6 4S' Eaat 7.00 feet troll the ao.ltbeast.erl.1' line ot Lytton Avenue; thence runm.na.along aaid Sou.t.h11eaterly line of Raona Street South 510 45• Jut. 9l.OO fHt: theNH panllel with aaid SootbMsterq line ot 1.7t-ton Aveme Borth )SO lS' Jr.at. l.j4 teats thence parallel v1th aa.1.d Southwesterq Un• ot·&.uaona Street lorth si0 4S' Weat 21.00 feet: thence parallel with said b.tbeaster}:f line ot . Litton Avenue Borth )80 15' last 't.66 fHts thence parallel with 1&1d Sau.thweaterl.y line of Aaaona street lort.b 51° 4S• We•t 72.00 feet; thence parallel with said So.lt.heasterly Una or tytt.on lYenue Saut.h )8° lS' wst 6.00 teet to the point ot bt11Jm1nc. Bein& a portion ot b&ona street. ... .. e. All that nal property. betwen the bottCll ot the sidewalk paving generally follov1.nc a •loped plane with elevation 57.)l feet at 1ts northeasterly UM and elnat1cm S1 .61 tHt at it• southveaterly 11ne, and a horbontal plane at elevation )0. )9 teet, bounded by planes projected vert1.call,y below the Nrtaae l1.1111ts ot certain land. described a.a tollovs: De11nnifts at a point on the sov.thwel!t•rlr line or Raaona. street distant thereon Sout.b 510 451 East S. SO feet trom the Southeasterly line or Lytton Avenue; thence runnin& along •-14 Southvesterl.y line or Ramona Street South 510 45' East 1.60 feet..1 thence parallel with aaid bthea.steri, line ot t)tton A.venue South )8 15' Wltat 81.00 teeta thence parallel with said Southwsterq line ot Ramona Street lorth 510 45' Vest. l.SO ffft: thence parallel w1tb said southeasterly line ot If'ttoD l~env.• Borth )80 lS' East. 81. 00 tfft. to t."he point or beginning. - Being a portion of Lot 22 of Mills SW:>dirtaion ot Block 1) in tbe Tow ot Vni.Yera1t7 Park aocordinl to aboTe un\ioned Map. PARCEL FOtnh 111 tb&t real property between the bottc. ot the sidewalk paving genurall,y tolloving a alopeil plane with elevation S'l.67 teet at its northwester~ line and elavat1on 51.~ feet at its amtheasterl7 line, and a boM.zontal plane at •lrtation )0.39 feet. bcurded by planes projected TerUcally below the wrtace l.illlit' of certain land described aa tollovss Bq1mdng at a point perpendicular]JP dUtant 2s.oo teet Southeasterq !rom \be btbeaster~ lJ» of JQtton lveme am perpend1cularq distant 100: 00 feet Soathwesterl3' rrcm the Soathwater~ l1De ~t RalD'AR Streat; thence running parallel v1tb aa1d Scmtbvester~ line ot Ramona street. South sio 4S' East ?S.00 feets thenc.e parallel vit.b aai.d SolQtbeasterU" line ot LJtton AYenue SoGtb 38° 15' West 6 .. oo feet.a thence parallel with s&irl Southwesterly line ot laaona. street Borth si0 45' West 75.00 teet; thence parallel with sud :sc:Ntheaster~ line ot Jatt.on ~~· ~ ~o lS' Baat 6.00 feet to the point ot bet'nn'DI· Being porli.Ons ot tots 22, 23, 2r. and 2.S ot Milli $lbcliYia1on ot Bleck 13 in -the Town ot Un1•ersit1 Park according to mo.. aentianecl Map. 20'""/w PALO ALia • LYTTON AV£. ( 74' wwlt.. ) .. ~ 0 ; -~ s1· /?!rct/ 7'7rct. f.lfptr Li,.,;+ Parct! 7wo tJppt,. L1W1i-I ~ ' SlorJ PJo,,,_ JNrllt : &I~. 51 . .sr 'of ~w L11tt. £Iv. 56. iO' P'f 51& Linc. S!cp"I Ple:nc. wrlil. Elf/. 57 "' •f ""' LI"" Elv. S7.•?'al .S/""' 1.;,, .. Lowt,. L1-;f H,,,;%. P/t1,,t. of £lt1. ~O· ~'1 1 LtJWt:I' L,,.:-1- ffonz... P/titnC. g./-£it'. 3~. "" • UNIVER3 llY NA7IONAL BANI< 131JILDING Pa,..(t/ Four tlf¥'•,.. L;,,,;.; S /o~~" P/bnt, t1111-llt • £'.'it. 5 7. (,1 'ri 1'¥w Luu Elv 57. 16 '3-f-~>'£ t.1A(. t..owt,. L,,,.,-.; I Ho~;t.. Pl~nc. • t#"I Elv. 30. 39' LEGEND 6'. ·' ' ' ' ' •. ' . UNIVERSITY NATIONAL BANK EASt:M£NT VACATION PARC£L 5 earc-t I One. ~---t Upp~,. 1.,,-,,,,-+ Hon r. PJ11nL frl £/.-. 57, !>I ' LOwt,. J.j,.,,-_, /.lor1z. P/a,,e. o-f £1... 3o. 3q ' ~ .. / '· .. I t . CALIFORNIA SCAL.£ : / '\. 20'