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HomeMy WebLinkAboutRESO 6407ORl:INAL RESOLUTION NO. 6407 RESOLUTION OF TliE COUNCIL OF TBE CITY OF PALO ALTO AUTHORIZING CONVEYANCE OF CERTAIN EASEMENTS TO FIRST AMERICAN TITLE GUARANTY COMPANY WHEREAS, in 1981 the City of Palo Alto obtained a future interest in a parcel of land which is a portion of the former Lee Quarry, the •Reservation Parcel,• subject to an estate for years until 19961 and WHEREAS, the City of Palo Alto requires easements across the Reservation Parcel for an emergancy access road, utilities, and a storm drain channel; and WHEREAS, First American Title Guaranty Company, the current owner of the Reservation Parcel until 1996, will grant the required easements to the City in exchange for easements from the City for landscaping, utilities, and ingress/egress to benefit the adjoining properties fol- lowing the termination of the estate for years in 1996; and WHEREAS, granting these easements will not be detrimental to the City's interest; and WHEREAS, the landscaping easements are categorically exempt under Section 15302, Ciass 3, (e), and the underground utility easements are categorically exempt under Section 15302, Class 2, ( t'i ~-= and Section 15304, Class 4, (f ), of the California Environmental Quality Act; and WHEREAS, on June 27, 1983, the City Council approved the storm drain channel as part of the Foothills Park Erosion Control Project and found it to have no significant environmental adverse impact; and WHEREAS, an initial study recommending a Negative Declaration for the emergency access road has been completed; NOW, THEREFORE, the Council Of the City of Palo Alto does RESOLVE as follows: SECTION l. The Council of the City of Palo Alto hereby finds that the emergency access road will have no significant adverse environ- mental impact. · SECTION 2. The Council of the City of Palo Alto hereby authorizes the Mayor to execute and staff to deliver the Grant of Easement -City as Grantor, attached hereto as Exhibit I, upon notice from the Manager, Real Property that the Grant of Easement -City as Grantee, attached hereto as Exhibit 11, has been properly executed and delivered to Manager, Real Property for recordation. INTRODUCED AND PASSED: July 8, 1985 AYES: Bechtel, Cobb~ Fletcher, Klein, Levy, Renzel, Sutorius, Woolley NOES: None ABSTENTIO~S: None ABSENT: Witherspoon • 'Mayor '~d Attorney Recorded at no charge f n accordance wf th Goverraent Code Section 6103 at the Request of, and wtten recorded Return to: CITY OF PALO ALTO Real Estate Division P. o. Box 10250 Palo Al to, CA 94303 I A.P. No.: 182·45-6 ?rojec:t No.: CE 26/15-84/24 Project: Conveyance of Easements -City Reservation Parcel FOR VALUABLE C«*SIDERATION, rece1 pt of which ts hereby acknowledged, THE CITY OF PALO ALTO, a •unfc1pal corporation (GRANT-OR} hereby grants to First Aller1can Title Guaranty C011pany, a California Corporation f ts successors and ass f gns, (GRANTEE) easements for construe ti on and •ai nteriance of a stona drain, underground util 1tfes, ingress and egress and landscaping in, under, and through that certa f n rea 1 property 1 n the Cf ty of Palo A 1 to, County of Santa Cl ara. State of California, described in Exhibit A and ~hown on Exhibit B which exhibits are attached hereto, and made a part hereof, subject to the followfng conditions: GRANTEE. its successors and assigns. ar.d its and their respective contractors, agents and •ployees shall have free access to said easeSRents and right of way at all reasonable times for the purpose of exercf sf ng the rights herein granted, provided, however that: .1. All construction or 1aproveaents made within the easement area shall comply with pl ans appro\·ed by GRANTOR •s Public Works DepartMent, and any other body having jurisdiction over such construction or 1•provaaents. 2. Should it be necessary for GRANTEE to disturb the easement area for •a1 ntenance or repair, GRANTEE agnes to notify GRAtlTOR in advance of the location and extent of such work, ind to obtain GRANTOR' s consent and any re qui red construction permits prior to coamencement hereof, except, GRANTOP.~s consent shall not be necessary in an 111ergency s1tuatfon. GRANTOR agrees not to withhold its consent capriciously or unreasonably. For the purpose of granting consent, GRANTOR designates the followf ng agent: City Engineer Cfty of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 1 BJHIBl'I' -- GRANTEE shall further notify GRANTOR's City Engineer 1aned1ate1y upon completion of any work perfonaed hereby. 3. GRANTEE, fts successors and assigns, shall •ake any excavation, or perform any construction, in a •anner which causes the least injury to the easement area and shal 1 replace any earth so removed by ft, and restore or repair any surface or subsurfate improvements to as near the s•e condition as existed prior to such or constructfon as 1s possfble. GRANTEE agrees to repair to the satisfaction of GRANTOR 1 s City Engfneer any landscaping, sf dewal ks, ornamental pavanent asphalt paYfng, underground fac:n ft; es, or structural facn ftfes danaged or destroyed by GRANTEE. 4. GRANTEE shall et all times observe and comply, and cause all of its subcontractors ar.d employees, ff any, to observe and comply wfth 111 existing and future federal. state and local laws, ordinances, regulations, orders and decrees which 11ay affect the conduct of GRANTEE in the exercise of the r1ghts granted herein. 5. GRANTEE, by the acceptance of this f nstrument, agrees that fn the event that util 1t1es which have been constructed 1n the easeaent areas are d'fscont1nued and GRANTEE is not required by 1 aw, rule or regulation of any govermental authority to furnish service by •earts of saf d fac fl f ty, GRANTEE. at GRANTOR 1 s request, sha 11 remove and/or abandon any portion of said facilities owned, operated and maintained by GRANTEE, within ninety (90} days after receipt of written r.otfce fro1R GRAMTOR to so re11ove and/or abandon. In the event of s"ch nwoval and/or abandon111ent, GRANTEE shall quitclaim all rights acquired by ft under this Grant of Easement. 6. GRANTEE expressly agrees to fndean1fy, defend, and hold har11less, &RANTOR, its officers, agents and employees frCllll all 11ab11itfes, claims or danands on accGunt of or arising out of any fnjury or losses resulting from GRAKTEE' s e>tercise or rights granted herein. 7.. ln the event that GRAlfTOR aust brfog action to secun! GRANTEE 1 s perfonnance of the conditions set forth fn this Grant of Ease11ent, GRANTOR shal 1 be entitled m recover · from GRANTEE, reasonlble and fftecessary expenses, attorney's fees and court costs. RESERVING unto GRAKTOR all rights which are not incons1 stent with the rights granted to GRANTEE hereunder. Parcel 1 An Exclusive Easement for Constructing, Installing. Maintaining. Repairing, Using and Enjoying All landscaping, Irrigation, Sewer and Fencing Improvements Over, Under And Upon the Foll,,wing Described Parcel: BEGINNING at a point on the general Northerly line of that certain parcel designated as Parcel 1 in the gift deed to the City of Palo Alto recorded Au~ust 3, 1981 in Book G253 of Official Records, Page 88, Santa Clara County Records distant ther~n South 68 deg. 17 min. 19 sec. East 114.73 feet from the most Northerly corner thereof; thence leaving said POINT OF DEGINNING along said general Northerly line of said parcel South 68 deg. 17 min. 19 sec. East 932.53 feet, to the most Easterly corner thereof; thence along the general Southeasterly line of· said parcel 5,5,. 23' 09" w West 63.88 feet: thence leaving said 9eneral Southeasterly line North 71 deg. SO min. 53 sec. West 414.88 feet: thence North 64 deg. '2 min. 24 sec. West 521.82 feet: thence North 64 deg. 57 min. '6 eec. East 57.61 feet to the POINT OF BEGI~"NING. Parct=l 2 An Exclusive Easement for The Purposes of Ingress and Egress, And Constructing, Installing, Maintaining. Repairing, Us~ng And Enjoying All landscaping, Irrigation. ~er And F~nc1ng . Improvements Over, Under And Upon The following Described Parcel. BEGINNING at the most Westerly corner of that certain parcel of land designated as Parcel 1 in the gift deed to the City of Palo Alto recorded August 3, 1981 in Book G253 of Official Records. Page 88, Santa Clara County Records: thence leaving said POINT OF BEGINWING along the general Westerly line of said parcel North 29 deg. 04 min. 50 sec. Ea.st 37.94 fee·t: tbence leaving said general Westerly line South 35 deg. 04 min. 21 sec. East 202.94 feet, lftOre or less to a point on the general southerly line of said parcel: thence along said general Southerly line North 45 deg. 27 min. 16 sec. West 189.Sl feet, more or less to the POINT OF BEGINNING. RESERVING unto GRANTOR the right to construct end maintain underground utilities within the northwesterly 10 feet of said parcel. Parcel 3 A Non-Exclusive Easement For Constructing, Installing, Maintaining And Repairing Underground Utilities over, Un~er And Upon A Strip of !And Of A Uniform Width Of 10.00 Feet More Particularly DescribeO A& Follows: 9 · A BEGINNING et a poi~t on the general Northwe~rly line of that certain parcel of land designated es Parcel l in the 9ift deed to the City of Palo Alto recorded Au9ust 3, 1981 in Book G253 of Official Records et Page 88, Santa Clara County Records: distant thereon South 29 deg. 04 min. 50 &ec. West 157.00 feet from the T.1ost Northerly corner thereof: /thence leavi119 said general Northwesterly line alon9 the following eourses and distances: North 69 deg. 47 min. 13 sec. East 66.ai feet: North 52 deg. 13 min. 11 sec. East 25.10 feet: North 84 deg. 03 min. 10 sec. East 45.05 feet: South 54 deg. 17 min. SS sec. East 263.24 feet: South 56 deg. 14 min. CO sec. East 202.67 feet: south 60 deg. 50 min. 41 sec. East 37.95 feet: South 74 deg. 02 min. 03 sec. East 12.87 feet and South 23 deg. 03 min. 02 sec. East 9.65 feet to the T~UE POINT OF BEGINNING of this description: thence leaving said TRUE POINT OF BEGINNING south 74 deg. 02 min. 03 sec. East 203.12 feet and Nortl'a 73 de~-31 111in. 07 sec. East 266.24 feet to a pc:lint on the general Northe~sterly line of the hereinabove described Parcel l deeded to the City of Palo Alto~ thence leavin9 gaid last described course along said Northeasterly line of said Parcel l South 68 deg. 17 min. 19 s~c. East 16.17 feet; thence leaving said general Northeasterly line south 73 deg. 31 min. 07 sec. West 281.86 feet: thence North 74 deg. 02 min. 03 sec. West 185.05 feet; thence south 23 deg. 03 min. 02 sec. East 242.14 feet more or less to a point on the Southeasterly line of said Parcel 1 ~eeded to the City of Palo Alto; thence leaving said last described line aiong said southwesterly line South 57 deg. 23 ~in. 09 sec. West 43.97 feet ·to a point on the general Southwesterly line of said Parcel 1 deeded to the City of Palo Alto: tbence leavin9 said Southeasterly line along said general Southwesterly line North 32 deg. 36 min. 45 sec. West 5.00 feet and Nortb 64 deg. 22 min. 39 sec. We•t S.88 feet: thence leaving said general Southwesterly line North 57 deq. 23 min. 09 sec. East 38.61 feet: thence North 23 deg. 03 min. 02 eec. West 254.66 feet to the TRUE POINT OF BEGINNING. Parcel 4 '11 Exclusive Easement For The Purposes of Ingress and Egress. And Constructing, Installing, r.aintaining. Repairing. Using And Enjoying All l&r1d~'aping. Irrigation. Sewer And Fencing Improvements cner, Under And Upon The Following Described Parcel: BEGINNING at the most ~ortherly corner of that certain parcel of land designated as Parcel i· in the 9ift deed to the City of Palo Alto recorded August 3, 1981 in Book G,53 of Official Recor~• at Page 88, Santa Clara County P.ecords: t.hence leaving said POINT OP .BEGINNl•G along the general Northerly line of eai~ parcel S<?uth 68 deg. 17 min. 19 see. East 114.73 feet: thence leaving eaid general Northerly line South 64 deg. 57 min. ?~ sec. We~t 194.14 feet to a point on the general Northwesterly line of aa1d parcel; the~ce alona said 9eneral Northwesterly line North 29 deg. 04 min. 50 9ec. East 142.60 feet to the P<JINT OF BEGINNING. RESERVING unto GRANTOR the right to construct and maintain underground utiiittes within tne northwesterly 10 feet of said parcel. J. CF' 3 ; . Parcel 59 A non-exclusive·easement for storm drainage purposes over, under end upon a atrip of land of uniform width of 15.00 feet, the centerline of which is described as follows: BEGINNING at that certain point described as Point "A" in the hereinabove described Parcel SA: thence leavin9 said POINT OF SEGINNING South 74 deg. 02 min. 03 sec. East 219.88 feet and North 73 deg. 31 min. 07 sec. Eest 254.53 to a point on the 9eneral Northeasterly line of the )iereimt.bOve described Parcel l deeded to the City of Palo Alto. Sidelines of the easements described herein as SA, SB and SC shall be lengthened or shortened as required to create continuous sidelines bet.ween each other which shall be bounded by the boundary lit1es of said Parcel l deeded to the City of Pi!.lo Alto. RESERVING unto GRANTOR the right to convert the surface channel to underground pipe. r I I ~ , I I ~/ p;¢1:1 I r t H.Ge•A7' 19• e. t N.&2•ts•u•e.. ~ w.&4·~· tO" E. 4 s..M•n ''f!lb• E. ~ &.SG•M'OO" E. G S.G09'50'~ r E. '7 &. 74 ~'a!)· E.. t> s. '2?>•09•02• f. 9 !t.74 .O'l'0!>9 e.. to N. 7!)•~t'07" E.. If ~.teie•n•te• e. lt:! S.7~·~t'07"' N. .· . iSG:&2 ·~ '25.K) t4 •5.oe e 2Ge,.M tG 202.G.2 17 97.9!) t& '2.8'7 t!t 6..Z VO ~~.12 ~· 2~.M • ••.n e <ze• .sa ·. - N. "M•O'l'o&"'ft. ·~·~ 9. 2~·~'02·e.. 242.14 ~-sre·09•,.. ·~-97 N.s·~·45·w. 9.00 N."4•22 '~N. SM N.97·~·ce·ii::. 96181 N. ~·a&·O'l•N. ~.GG N.2!;~'02 .... ~&4.M MW 1HOMAS & CO • ..C. N. ";'4•02 'O••w. 9f9.e& H. 'T5•~1·ar~. ~.~~ _, __ ..,..,llS.~~ ---_ _......_.. __ .-. .............. ...... ______ .....,.. H. 'Z9-o4 '!iO" E. MAO ---!?Zo77 --.. 2 .· .. _ ...... -. ............ O•Y-....... , ...... ,, ........... -.-.... ,•--... ·.-.-·-.·----·,-·' . . . . . •.·.· ... '. RKorded at no charge in eccordance with Governaent Code Section 6103 at the st.quest of. and when recorded Return to: CITY OF PALO ALTO Real Estate 01v1s1on P '· O. Box 10250 Palo Alto. CA 94303 I A.P. No.: 182-46-6 Project No. : AE 28/15-84 /12 Project: Easement Acqufs1t1ons -Foothills Erosion Project -City Reservation Parcel I FOR VALUABLE CONSIDERATION, receipt of wh1ch 1s hereby a:k.nowledged, First 1-erican Ti t1e Guaranty tmpany, a tali fomia torporat ion does hereby GRANT to the CITY OF PALO ALTO, a aun1cfpal corporation, easements and right of way for construction and uintenance of a ston1 drain, underground utilities, and a road for emergency vehicles, together w1th the right of ingress .ad egress thereon and the right to pass and repass over, along, across, under, and upon safd ease•ent whenever 1nd •erever grantee desires for the purposes set forth herein. 1n perpetuity, in, unda·, over, Kross, along, and upon that certain property in the City of Palo Alto. County of Slnta Clara. State of ta1tfornia, shown on the up attached hereto and awe ,articu1arly described as follows: See Exhibit A attached and •de 1 part hereof. (DOC: 7 /84: 6 .1 ) 11e1en·.1f_ ~-:--~---:---------------------------.......... _ .. • Parcel SA A non-exclusive easement for atonn drainage purposes over, under, and upon a atrip of land of e uniform width of 30.00 feet, 10 feet of which lies Northerly of, and 20 feet of which lies Southerly of the following described line: BEGINNING at a point on the general Northwesterly line of that certain parcel of land designated as Parcel l'in the gift deed to the City of Pale• Alto recorded August 3, 1981 in Book G253 of Official Records at Page 88, Santa Clara County Records: distant thereon South 2~ deg. 04 min. 50 sec. West 157.00 feet from the most Northerly corner thereof: thence leaving said general Northwesterly line along the following courses and distances: North 69 deg. 47 min. 13 sec. East 66.82: Horth 52 deg. 13 min. i1· sec. East 25 ... 10 feet: Nort.b 84 deg. 03 min. 10 sec. East 45.0S feet: South 54 deg. 17 min. SS sec. East 263.24 feet: South 56 deg. 14 min. 00 sec. East 202.62 feet: South 60 deg. 50 min. 41 sec. East 37.95 feet to a point hereinafter referred to as Point •A•, said point being the terminal point of the line hereinbeing described. Sidelines of the easements described herein as SA, SB and SC shall be lengthened or shortened as required to create continuous sidelines between each other Which shall be bounded by the 'boundary lines of said Parcel l deeded to the City of Palo Alto. Parcel SC A non-exclusive easement for storm drainage purposes over, under and upon a strip of land of a unifonn width of 30.00 f~et, ~o feet of which lies Northeasterly of, and 10 feet of which 11e& Southwesterly of the following described line: BEGINNING at that certain point described as Point "Aw in the l1ereinabove described Parcel SA: thence leaving said POINT OF BEGINNING south 23 deg. 03 min. 02 sec. East 284.24 feet to a point on the general Sou~heasterly line of the hereinabove aescribed Parcel l deeded to t.he City of Palo Alto. Sidelines of the eaeements described herein as SA, SB and S~ ahall be lengthened or shortened as required to cre~te continuous eid~!ines between each other vhicb •hall be bOunded by the boundary lines of said Parcel l deeded to the City of Palo Alto. Parcel 6 Emergency Easement For Ingress and Egress And For Constructing, Installing, Maintaining And Repairing Underground Utilities OVer Lands Of First llmerican Title ~'GiTAf. I OF 3 9 ---------------------·------- .. Being an easement of a uniform wi~th of 15.0~ feet ~he centerline of which ii described as (ollows: BEGINNING at a point on the qeneral Northwesterly line of that certain parcel of land designated as Parcel l in the gift deed to the City of Palo Alto recorded August 3, 1981 in Book G253 of Official Records at Page 88, Santa Clara County Records distant thereon south 29 ~eg. 04 min. SO aec. West 189.01 feet from the most Northerly corner thereof: thence leaving said POINT OF BEGINNING along the folloWing courses and distances: North 68 deg. 10 min. 12 sec~ East 105.60 feet, along a tangent curve to the right with a radius of 80.00 feet through a central angle of 57 deg. 31 min. 53 sec. for an arc length of 80.33 feet: south 54 deg. 17 min. 55 sec. East 223.14 feet: South 56 de9. 14 min. 00 sec. East 273.20 feet: and South 78 deg. 2n min. East 336.11 feet to a point on the general Southeasterly line of said Parcel 1 deeded to the City of Palo Alto: said point being the terminal point of the centerline hereinbein9 described. s~~d easement being boundet' on the North•est by said general Northwesterly line and bounded on the Southeast by said general Southeasterly line of said Parcel 1 deeded to the City of Palo Alto. txH'.~fT A ( J or 3 ) -.------..... ;· .. :----... ~ ....... ,... .. _ . . · .v. ;g.,47·;~·=· #4.!I~' ...,, 5r1F1rs. ·21.10' -~ ~ . ~ .. ~. -..... --:--. 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