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Home My WebLink AboutRESO 8752Recorded at no charge in accordance with Streets & Highways Code Section 8325 at the request of and when recorded return to: CITY OF PALO ALTO/REAL ESTATE 250 Hamilton Avenue P.O. BOX 10250 PALO ALTO, CA 94303 SUMMARY DOCUMENT: 1960:>{36 i 11111111111111 ~ III REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty Fees ... . Taxes .. . Cop i es .. AMT PAID Pages: 7 * No Fees RDE fI 009 10/03/2007 3:07 PM PACE ABOVE LINE FOR RECORDER'S USE A. P. No.: Proj ect No.: Project: Various CEV 03/06 Vacation of Public Utility Easement for District 37 VACATION RESOLUTION NO. 8752 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING PUBLIC SERVICE EASEMENTS FOR UTILITY POLES AND OVERHEAD LINES IN UNDERGROUND UTILITY DISTRICT 37, ENCOMPASSING THE AREAS CONTIGUOUS WITH PORTIONS OF EMBARCADERO ROAD, MIDDLEFIELD ROAD, SEALE AVENUE, BYRON STREET, BRET HARTE STREET, MARK TWAIN STREET, NEWELL ROAD, GUINDA STREET, FULTON STREET AND TENNYSON AVENUE WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and public services easements; and WHEREAS, the following easements were accepted by the City of Palo Alto and recorded by the Office of the Santa Clara County Recorder: l)the 5' easement at the rear of Blocks 141 and 142 as shown on Tract 37 Embarcadero Oaks, recorded February 5, 1929 in Volume X, page 24 and 25; 2) the 5' easement at the rear of Block 84 as shown on Tract 35 Emery Subdivision No.1, recorded December 9, 1935 in Book 1 page 22 and 23; 3) the 5' pole line easement at the rear of Blocks 140 and 141 as shown on Tract 37 Embarcadero Oaks No.2, recorded on February 24, 1936 in Book 1 page 17; 4)the easement at the rear of Block 85 as shown on Tract 43 Emery Subdivision Map No.2, recorded on O~tober 27, 1936 in Book 1 page 31; 5) the easement at the rear of Blocks 300 and 301 as shown on Tract 233, recorded October 17, 1945 in Book 8 pages 6 and 7; and 6) the easement at the rear of Blocks 140 and 300 as shown on Tract 253, recorded March 4, 1946 in Book 8 page34; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service easements for utilities when the easements have been superceded by 10f3 ) relocation, and there are no other public facilities located within the easements; and WHEREAS, on April 7 t 1997, the City Council approved Ordinance No. 4408 establishing Underground District No. 37 requiring the removal of poles and overhead lines and associated overhead structures from the areas contiguous with portions of Embarcadero Road, Middlefield Road, Seale Avenue, Byron Street, Bret Harte Street, Mark Twain Street, Newell Road, Guinda Streett Fulton Street and Tennyson Avenue, all as more particularly described on that certain map ent led "Embarcadero/Middlefield Road Underground Utility District Number 37 t ft on file in the office of the City of Palo Alto City Clerk; and WHEREAS, in September 2000 t the removal of the overhead poles, lines and associated structures and construction of replacement underground facilities were completed; and WHEREAS, the City Council intends to summarily vacate the Public Service Easements for Utilities as more particularly described herein in Exhibit "Aft attached to this resolution and depicted on the plat map attached as Exhibit "B" to this resolution; and WHEREAS, attached to this Resolution as Exhibit "C" is a copy of CMR No. 343 :~ , dated Sept. 10, 2007 submitted by the City Mariager to the City Council setting forth the reasons for the summary vacation of public service easements for utilities ( "Report ft) . NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council hereby adopts the Reportandt based upon Report and all other evidence submitted, makes the following findings: 1. The Public Utility Easements described herein on Exhibit "A" and depicted on the plat map attached as Exhibit "Bft have been superceded by relocation; and 2 . No public facilities are located wi thin the said Public Utility Easements; and 3. The Public Utility Easements are not needed for present or prospective public facilities; and 4. The public convenience and necessity do not require reservation of any portion of the Public Utility Easements; and 5. The Public Utility Easements to be vacated are not useful as non-motorized transportation facilities; and 6. The Council has considered the Palo Alto 20f3 Comprehensive Plan and ratifies the determination of the planning department that the vacation of the Public Utility Easements is in conformity with the Palo Alto Comprehensive Plan. SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the Public Utility Easements as shown on the attached Map shall be and hereby are summarily vacated. SECTION 3. The City Clerk, acting by and through the Real Property manager, is hereby directed to record at Santa Clara County Records a certified copy of this Resolution, including the Map and the Report. SECTION 4. The easements for overhead utility purposes described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute public easements from and after the date of recordatioI]. of the documents identified in Section 3 of this Resolution. SECTION 5. The Council finds that summary vacation of the Public Utility Easements is exempt from review under the California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as a minor alteration in land use limitations. INTRODUCED AND PASSED: September 10, 2007 AYES: BARTON, BEECHAM, MORTON, MOSSAR NOES: ABSENT: KLEINBERG ABSTENTIONS: KLEIN Attorney CITY CLERK, MI certify (ord CITYOF PALOAL~O ofperJurytha andcorrec ' true CORDELL, APPROVED: ~~1..J -0.., ceofttslRGlki ____ ....;:;_..._ tJate & Place ~ A. Sillnllture 30f3 DREKMEIER, KISHIMOTO, EXHIBIT A 8/28/2007 DESCRIPTION OF DISTRICT 37 EASEMENT VACATION All those easements to be vacated are situated in the City of Palo Alto, Santa Clara County, and State of California being a portion of the lands more particularly described as follows; 1. The Easement at the rear of Block 141 and 142 as shown on Tract 37, EMBARCADERO OAKS recorded in Volume X page 24 and 25 on Feb 5, 1929 delineated as 'Easement 5' wide"; 2. The Easement at the rear of Block 84 as shown on Tract 35 EMERY SUBDIVISION NO.1 recorded in Book 1 page 22 and 23 on Dec 9, 1935 delineated as "Easement 5' wide for Public Utility'; 3. The Easement at the rear of Block 140 and 141 as shown on Tract 37, EMBARCADERO OAKS NO.2 recorded in Book 1 page 17 on Feb 24, 1936 delineated as 'Pole Line Easement Line" and shown as 5 feet wide; 4. The Easement at the rear of Block 85 as shown on Tract 43, EMERY SUBDIVISION, MAP NO 2 recorded in Book 1 page 31 on October 27, 1936 delineated as 'EASEMENT 10' WIDE FOR PUBLIC UTLITY'; ,5. The Easement at the rear of Block 300,301 and 300 as shown on Tract 233 recorded in Book 8 pages 6 and 7 on October 17, 1945 delineated as "Easement for Utilities' and shown as 5 ft wide; 6. The Easement at the rear of Block 140 and 300 as shown on Tract 253 recorded in Book 8 page 34 on March 4, 1946 delineated as 'Easement for Utilities' and shown as 5 feet wide; . 7. The following Area's are affected accordingly by easements: a. Area "A" per record maps do not show any easement, although City of Palo Alto Geographic Information System does indicate pole lines at rear of property, therefore City of Palo Alto will vacate the utility rights at the rear of the lots for utility use. b. Area "B" is City of Palo Alto Owned Land (Art Center, Main Library), and no easement to be vacated. c. Area "c" is City of Palo Alto Owned Land (Rinconada Park, Fire Station,) and no easement(s) (see title report 56901-51990227-PRT, dated October 12,2001) to be vacated. d. Area "D" is Walter Hays School, there are no record maps (see Record of Survey Book 707 pages 14 & 15, dated August 19,1998) and no easements to be vacated. e. Area "E" does not show any easement per Record Map' Map of the Subdivision of Block 1 00 'recorded in Vol. N of maps Page 9. Page 1 of 2 S:\ASD\REAL\Martha's\EASEMENTIEASElVIE:Nl_ VACATION\DISTRICT 37\DISTRICT 37 DESCRIPTION. doc · . 'EXHIBIT A 8/2812007 DESCRIPTION OF DISTRICT 37 EASEMENT VACATION f. Area "F" does not show any easement per Record Map 'MAP of the SEALE ADDITION to the CITY OF PALO ALTO', recorded in Vol K Page 75 May IS, 1905 .. g. Area "G" does not show any easement per Record Map 'MAP of the SEALE ADDITION to the CITY OF PALO ALTO" recorded in Vol K Page 75 May 15, 1905. h. Area "H" does not show any easement per Record Map 'MAP of the SEALE ADDITION to the CITY OF PALO ALTO', recorded in Vol K Page 75 May 15, 1905. 1. Area "I" does not show any easements per' AMENDED MAP OF SUBDIVSION NO.8, SEALE TRACT FOR BLOCK 77 AND 78', recorded in Volume S page 42 on February 25,1925. . J. Area "J" easement may be shown on 'SEALE TR SUBD NO 4 AMENDED LOT 3 Vol D' page 82 (City of Palo Alto does not have a copy of said map), k. Area "K" is School District property, Jordon Middle School, no record maps showing easement( s) and no easement to be vacated. 1. Area' L" is School District property, Garland Elementary School, no record maps showing easement(s) and no easement to be vacated. m. The easement(s) pertaining to transmission line (poles) along Embarcadero Road must remain. n. Those easements existing along the front of properties within District 37 are to remain. Description is based upon record maps and Utility Drawings of underground District 37. The easements discussed above are shown on Exhibit B and are attached and made a part hereof. J ames David Kiehl L.S.7152 Expire 6-30-2009 EXHIBIT A. ,..;";;,,,~ ..... ' Page 2 of 2 S:\ASD\REAL\Martha's\EASEMENnEASEMENT_ VACATION\DISTRICT 37\DISTRICT 37 DESCRIPTION. doc ~~ Yt .:r ,~, _.J;~ DISTRICT),:; \~" ~0.tJ &?:" LIMIT LINE CO DISTRICT 37 EASEMENT VACATION EXHIBITB PLAT TO ACCOMPANY DESCRIPTION DRAWING: DISTRICT 37.DWG DESCRIPTION: DISTRICT 37.DOC DRAWN BY: JAMES DAVID KIEHL L.S. 7152 l' EXHIBIT C City of Palo Alto City Manager's Report 16 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: SEPTEMBER 10, 2007 DEP ARTMENT: ADMINISTRATIVE SERVICES CMR: 343:07 SUBJECT: ADOPTION OF TWO RESOLUTIONS REGARDING SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS FOR OVERHEAD FACILITIES IN UNDERGROUND UTILITY DISTRICTS 37 AND 38 RECOMl\1ENDATION Staff recommends that Council approve the attached: 1) Resolution summarily vacating public service easements for utility poles and overhead lines in Underground Utility District 37 (Attachment A); and 2) Resolution summarily vacating public service easements for utility poles and overhead lines in Underground Utility District 38 (Attachment B). BACKGROUND On April 7, 1997, the City Council approved Ordinance No. 4408 establishing Underground District No. 37 and requiring the removal of poles, overhead lines and associated overhead structures in areas contiguous with portions of Embarcadero Road, Middlefield Road, Seale Avenue, Byron Street, Bret Harte Street, Mark Twain Street, Newell Road, Guinda Street, Fulton Street and Tennyson Avenue. On February 23, 1998, the Council approved Ordinance No. 4483 establishing Underground District No. 38, requiring the removal of poles, and overhead lines and associated overhead structures from areas contiguous with portions of High Street and Cowper Street, and Oregon Expressway and Colorado A venue. The removal of the overhead utility facilities and construction of replacement underground facilities was completed in Districts 37 and 38 in 2000 and 2005 respectively. Necessary easements for replacement facilities in 'both Districts have been acquired and recorded with the County of Santa Clara Recorder. DISCUSSION The attached two Resolutions will vacate the easements for overhead facilities within Underground Districts 37 and 38 respectively. The vacations are in accordance with the Streets and Highways Code which authorizes the City Council to summarily vacate public service easements for utilities when the easements have been superseded by relocation and there are no other public facilities located within the easements. Staff has notified the City Utilities, Public Works and Planning Departments of the proposal to vacate these public utility easements and all concur with the vacation. These easements are not necessary for any present or futu,re use, and therefore they may be summarily vacated in accordance with Section 8333 of the California Streets and Highways Code. ' . 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