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Home My WebLink AboutRESO 8753! Recorded 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: 19605137 U I11I11111 ~ U REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty Fees, ", Taxes, , ' Pages: 7 * 1\10 Cop i es" ___ _ AMT PAID ROE fI 009 10/0312007 3:07 PM SPACE ABOVE LINE FOR RECORDER'S USE A. P. No.: Proj ect No.: project: Various CEV 04/06 Vacation of Public Utility Easement for District 38 VACATION RESOLUTION NO. 8753 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 38, ENCOMPASSING THE AREAS CONTIGUOUS WITH PORTIONS OF HIGH STREET AND COWPER STREET, AND OREGON EXPRESSWAY AND COLORADO AVENUE. WHEREAS, Chapter 4 of the Public Streets, Service Easements Vacation Law, commencing with Highways Code section 8330, provides for summary streets and public services easements; and Highways and Streets and vacation of WHEREAS, the following easements were accepted by the City of Palo Alto and recorded in the Office of the Santa Clara County Recorder: 1) the Public Utility Easements as shown on the map of South Court Addition in blocks 200, 201, 202, 203, 204 and 205, recorded in Volume X of Maps pages 42 and 43 on June 17, 1929; and 2) the easements in the portion of Blocks 1, 2,13, 14, 15, 16, 27, 28, 29, 30, 40 and 43 as shown on the map of Stanford City recorded in Volume M, page 97 on May 3, 1910; 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authorizes the City Council to summarily vacate public service easements for utilities when the easements have been superceded by relocation and there are no other' public facilities located within the easements; and WHEREAS, on February 23, 1998, the City Council approved Ordinance No. 4483 establishing Underground District No. 38 requiring the removal of poles and overhead lines and associated overhead structures from the areas contiguous with portions of High Street and Cowper Street, and Oregon Expressway and Colorado 10f3 C; n1 "Ot,.~ Avenue, and shown on the Underground District 38 Boundary Map attached hereto as Exhibit Di and WHEREAS, in 2005, 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 "An attached to this resolution and depicted on the plat map attached as Exhibits "BItt and "B2" to this resolution; and WHEREAS, attached to this Resolution as Exhibit "Ctt is a copy of CMR No. 343 : 07 , dated Sept. 10,2001 submitted by the City Manager to the ty Council setting·· forth the reasons for the summary vacation of public service easements for utilities ( "Report II) • NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council hereby adopts the Report and I based upon Report and all other evidence submitted, makes the following findings: 1. The Public Utility Easements described herein on Exhibit "AI' and depicted on the plat map attached as Exhibits "BItt and "B2lf have been superceded by relocation; and 2. No public facilities are located within the said Public Utility Easements; and 3. The Public Utility Easements are not needed for present or prospective public facilitiesi 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 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 on the attached Map shall be and hereby is summarily vacated. 2of3 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 Exhibits "BI" and "B2" will no loriger constitute public easements from and after the date of recordation of the documents identified in Section 3 of this Resolution. 5. The Council finds that summary vacation of the =~==-=-Public Ut 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 1 2007 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER,KISHIMOTO, KLEIN, MOSSAR TiOES: ABSENT: KLEINBERG ABSTENTIONS: KLEIN ATTEST: THE FOREGOING DOCUMENT IS CERTIFIED TO BE A CORRECT COpy OF THE ORIGINAL ON FilE. ,":nYClERK, -:nv OF PALO ALTO APPROVED: .\~ .'\~ Director 0 30f3 EXHIBIT C City of Palo Alto City Manager's Report 16 TO: HONORABLE CITY COUNCIL FROM: DATE: CITY MANAGER SEPTEMBER 10, 2007 DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 343:07 SUBJECT: ADOPTION OF TWO RESOLUTIONS REGARDING SUMMARY V ACATION OF PUBLIC UTILITY EASEMENTS FOR OVERHEAD FACILITIES IN UNDERGROUND UTILITY DISTRICTS 37 AND 38 RECOMMENDATION 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 future use, and therefore they may be summarily vacated in accordance with Section 8333 of the California Streets and Highways Code. CMR:343:07 Page 1 of2 EXHIBIT A 8128/2007 DESCRIPTION OF DISTRICT 38 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 Blocks 200, 201, 202, 203, 204 and 205 as shown on South Court Addition recorded June 17, 1929 in Volume X pages 42 and 43, on delineated as '5' Easement" a total of 10ft wide; 2. The Easements of Blocks 1, 14, 15,28 and 29,45 as shown on Map of STANFORD CITY recorded May 3, 1910 in Volume M page 97 and the northwesterly portions of Blocks2, 13, 16,27,30 and 43 of said map STANFORD CITY and as delineated and shown upon the Exhibits BI and B2 herein attached, along with those portions of said map not showing easements but those easements either implied or of record at the rear of said Blocks are hereby vacated. 3. The following are addresses showing Poles but no easements of record and rights to be either vacated or remain if any exist as described below 'a' thru 'g': a. Waverley 2441 -2449, see El on EXHIBIT Bl & B2, to be vacated; b. Waverley 2465 -2489, see E2 on EXHIBIT BI & B2, to be vacated; c. Waverley 2525 -2563, see E3 on EXHIBIT Bl & B2, to be remain; d. South Court 2535, see E4 on EXHIBIT Bl & B2, to be vacated; e. Bryant 2485 -2491 ,see E5 on EXHIBIT Bl & B2, to be vacated; f. Ramona 2483 -2489,see E6 on EXHIBIT Bl & B2, to be vacated; g. Emerson 2473, see E7 on EXHIBIT B 1 & B2, to be vacated; 4. The Easement(s) shown on the following Maps are to remain; a. Parcel Map Book 284 of maps Page 48 shown as PUE 9355-396 and; b. Parcel Map Book 460 of maps Page 48 shown as P 125 O.R. 18 and P 194 O.R. 345 and; c. Record of Survey 755 of maps Page 9, shown as a 5 ft PUE per document 1567 O.R. 473 to remain. Description is based upon record maps and Utility Drawings of underground District 38. Plats showing the easements to be vacated and remain are attached and made a pari: hereof as Exhibits Bland B2. James David Kiehl L.S.7152 EXHIBIT A Page 1 of 1 S\ASD\REAL\Martha's\EASEMENTlEASEMENT_ VACATIOPi\DISTRICT 38\DISTRICT 38 DESCRIPTION,doc j' UNDERGROUND DISTRICT NO. 38 EASEMENT VACATION DOC: DISTRICT 38 DESCRIPTION.DOC DRAWING: DISTRICT38.DWG ITY OF PALO ALTO, STATE OF CALIFORNI PLAT TO ACCOMPANY DESCRIPTION EXillBITBl BLOCK NUMBERS -STAN PUE 9355 O.R. 396 to remain SHOWN ON 391 MAPS 17 I ~ """" ~ .-1 '" """"'" ~ ... 9'/ h 9'/~ A~' v(~~ " 9'1 g,'S , v/ r!f <1")" (// \~9 ~~I V> ~ y/ '"" ~ ,"," o ", ~~ APPROXIMA TE P __ _ LOCA nONS (TYPIC A:: UNDERGROUND DISTRIC EASEMENT VACATION <, ."'. C: DISTRlCT 38 DESCRlPTION.DOC DRAWING: DISTRlCT38.DWG CITY OF PALO ALTO, STATE OF CALIFORNIA PLAT TO ACCOMPANY DESCRIPTION EXHIBIT B2 '0:8 WV 9-snv 80 3a.l~;lO S.WB13 A.U3 va tOll\" OlVd dO Alt:J