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Home My WebLink AboutRESO 8756I DOCUMENT: 19634005 Pages: 7 III 11111111111111111 Fees ... Taxes .. Copies. Ail1T PAID * I~o Fees 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 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 009 10/3012007 I: 56 PM SPACE ABOVE LINE FOR RECORDER'S USE A.P. No.: Proj ect No.: Project: 120-14-102 CEV 07/01 Vacation of Public utility easement, 325 Lytton Avenue VACATION RESOLUTION NO. 8756 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 325 LYTTON 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 City of Palo Alto acquired a public service easement for utilities on the property at 325 Lytton Avenue as shown on the Grant of Easement recorded in Book J636 Page 1038, Document #8726342 in the office of the Santa Clara County Recorder on March 21, 1986; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service utility easements when the easement has never been used, has been superceded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the public utility easement as more particularly described in Exhibit A attached to this Resolution; and WHEREAS, attached to this Resolution as Exhibit "c" is a Exhibit C of3 1 copy of CMR No .~;,§53 : ~ , dated Sep,t 2~, 200] submitted by the City Manager to the City Council settlng forth the reasons for the summary vacation public utility easement ("Report"). NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council hereby adopts the Report and, based upon the Report and all other evidence submitted, makes the following findings: 1. The public utility easement at 325 Lytton Avenue has not been used; 2. No public facilities are located within the public utility easement; and 3. The public utility easement is 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 easement; and 5. The public utility easement to be vacated is not useful as a non-motorized transportation facility; 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 easement 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 easement as described on Exhibit A shall be and hereby is 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 Description and the Report. SECTION 4. The easement for electrical purposes described in Exhibit A will no longer constitute a public easement from and after the date of recordation of the documents identified in Section 3 of this Resolution; and SECTION 5. The Council finds that summary vacation of the five-foot public utility easement is exempt from review under the Exhibit C of3 2 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 24, 2007 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: A~ BARTON, CORDELL, DREKME IER, KLEINBERG, MORTON, MOSSAR BEECHAM APPROVED: Senior Asst. C t Exhibit C of3 KISHIMOTO, KLEIN, 3 EXHIBIT A (1 of 2) LEGA~ PESCRIPTIQN .-J'S'3S'PAGE10 12 -.- A.P. NO. 120;14·102 ~REPAR£D 8Y: J.R. CHECKED 8Y: APPROVED BY: ''-~ - OAT!: 1/2871e For und.rqroun~.~I.ctrleal Elsem.nt Blg'nnlng 15. "oint on tha nortRwist.rly lin. of Lytton Avenue, Said point btlng S 3S 18' W 28.50 f •• t from the In~.rstct1o~ of the nortnelsterly lin' of plrl:lli 'S" with the northwuterly line of L1tton Avenu. as shOwn nn that map e"tltl.d ·Plr,.1 Hlp 8elng I ReJubdfvlslon of a Portion of Lot 2. Block 19. University Park. Recorded in Book 0 of Map, At Plge 69, Santa clara County Records, City of Palo Alto. Santa Clara County, CalifornIa" rRcol"ded Decemb.r 28. 1979, In Book 456 of Maps at page 44, Santi Chra County Records. Thence through said plrco~ "B" the following 9 courses; 1. N 510 42' W SO.SO feet 2. S 380 18' W 14.50 feet 3. N 510 42' W 7.50 f.et 4_ 5 380 18' W B.OO feet 5. S 510 42' E ZO.OO f3et 6. N 38° 18' E B.OO feet 7. N 510 42' W 7.50 feet 8. "38° 18' E 9.50 feet 9. S 51° 42' E 75.50 feet to the northwesterly I1ne of Lytton Avenuel Thence tj JSo 18' E 5.QO feet to the point of beginning conta1nlng 0.014 Dcres .nd beln~ a portfon of lot 2, Block 19 U~iver5t~ Park, recorded February ,7. lS89. in Book 0 of Maps at pagl 69, Santa Clar. County Records. DeScript:ion: Sant:a Clara, CA DocWDent-DocID 8126342 Page: 5 of 6 O:rder; Jaime Commen t: -----. . .-. . --. ---------_. ~ EXHIBIT A (2 of 2) " { J 636PAGE1043 ~ ... ,. II' .:' n 0' ,ALO U'O Ij If' "'" 1.1 .• ' • a.· ,.' If '4,110'·. -. t~~m;~~~:;;;;:~ ",,-.,' w r.llo······. ::.: .• "-4t" 11,Il00'' •••• ,.' W '.00', ":-·W ••• ,.' t: •• 10' ..... a , ...... .,0.'' If 1.10' '0' \ ... I.· .. • I: •• 00' .. .a.' 0' _1.P ,j. ....... en It ""'.0 U AL .....,ICCII(_ ELECTRICAl. UHDEftG.ROU,",O i:ASEMfHT PillE 1M" 1£_. ""_ "1.0' I '~OCI I. I ....... 1,.,. 1""" __ ,U. lIN 321· '45. LYTTON AVENUE = em OF PALO ALTO. CAUFORNlA ~~~MR~~ __ '" I .. ! • • .. • ,.' ----of z o l-I-,.. ..J 'J)esoript.ion: Santa Clara, CA Document-DocID 872&342 Page: & of & Order: Jaime Comment:· -_._-.--.--- 'LORENCE 10' STUn EXHIBIT C City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL 8 FROM: CITY MANAGER DATE: SEPTEMBER 24, 2007 DEP ARTMENT: ADMINISTRATIVE SERVICES CMR: 353:07 SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC UTILITY EASEMENT AT 325 LYTTON A VNUE RECOMMENDATION Staff recommends that Council approve the attached Resolution Summarily Vacating a Public Services Utilities Easement (PUE) located at 325 Lytton A venue. DISCUSSION The owner of the property at 325 Lytton Avenue plans to remove the existing building and redevelop the property. The new building will encroach on the City's existing PUE. As a condition of approval of the project, the Utilities Department required the owner to grant the City a new PUE to replace the existing PUE, which has never been used. The owner will grant a new PUE in exchange for the City vacating the existing easement. Staff has notified SBC Communications and the City Utilities, Public Works and Planning Departments of the proposal to vacate the existing PUE, and all concur with the vacation. The PUE would not be useful due to its limited use and size. This PUE is not necessary for any present or future use, and it may be summarily vacated in accordance with Section 8333 of the California Streets and Highways Code. Before issuance of a final certificate of occupancy, the owner will be required to grant the City a new PUE. RESOURCE IMP ACT The easement-vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, is not applicable when a new easement is granted in exchange for the one vacated. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive Plan. CMR: 353:07 Page 1 of2 ENVIRONMENTAL REVIEW The proposed summary vacation of the PUE is categorically exempt from the review under the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. PREPARED BY: WILLIAM W. FELLMAN Manager, Real Property DEPARTMENT HEAD APPROVAL: Di ctor, Administrative Services CITY MANAGER APPROVAL: ATTACHMENTS ~~tkJ) EMILY HARRISON Assistant City Manager Attachment A: Summary Vacation Resolution cc: Property Owner gO :9 WV 9-~nv 90 I-I{JI.:I.:IO S.}4C!31J A L/1 \Iv '011'1 Ol'ltd jO All~) CMR: 353:07 Page 2 of2