HomeMy WebLinkAboutRESO 8791fl. ••
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 I CA 94303
No.: 120-34-012
SUMMARY
Pages: 16
Fees .... * No Fees
Taxes ...
Cop i es.. __ --~
AMT PAID
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
RDE j:I 009
2/11/2008
1 :26 PM
Ci ty
SPACE ABOVE LINE FOR RECORDERIS
Proj ect No.:
Project:
CEV 07/03
Vacation of Public
Right-of-way Town &
Country Shopping
Centerl 855 El Camino
Real
VACATION
RESOLUTION NO. 8791
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A PORTION OF THE
ABANDONED EMBARCADERO AVENUE ROAD RIGHT-OF-WAY
AND RESERVING AN EASEMENT FOR UTILITIES ADJACENT
TO THE TOWN & COUNTRY SHOPPING CENTER I 855 EL
CAMINO REAL
WHEREAS I Chapter 4 of the Public Streets I Highways and
Service Easements Vacation Law l commencing with Streets and
Highways Code section 8330 I provides summary vacation of
streets and public service easementsi and
WHEREAS, the City of Palo Alto acquired the right-
of-way for street purposes located along Embarcadero Road adjacent to 855
El Camino Real as shown on "PLAT of a tract of Land on the SAN FRANCISQUITO
RANCHO owned by CAPT. JOHN GREER," Map was filed March 11, 1878 in BookA
of Maps page 3, Records of Santa Clara County; and being a portion of the 32 Yz acres as
shown on said Map, also being apart of the right of way as shown on the "FINAL
CORRECTED PLANS OF EMBARCADERO ROAD UNDERPASS, DRAWING NO.
10,456 MARCH 1937, FILE NO. 10-A-1, SHEET 1 OF 20" (see City of Palo Alto file
number 120-1102-003 and 120-1102-009 for right of way dimensions along section being
abandoned); and.
WHEREAS I Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-
e, O(-r(X)5 1
, \
, ,
way for a street which is not required for street or highway
purposes; and
WHEREAS, a portion of the abandoned Embarcadero Avenue
roa? right of -way is no longer used or required for street or
highway purposes; and
WHEREAS, the in-place public utility facilities wi thin
the street right-of-way to be vacated will not be affected due
to the condition placed on this vacation that the City shall
reserve a public service easement for utilities; and
WHEREAS, the City Council intends to summarily vacate a
portion of a public service easement for streets, reserving a
public service easement for utilities, as more particularly
described in Exhibit "A", 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. 124:08, dated January 22, 2008 submitted by the
City Manager to the City Council setting forth the reasons for
the summary vacation of the portion of the street right-of-way
and the reservation of the public service easement for utilities
( "Report ") .
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
SECTION 1. The City Council hereby adopts
and, based upon the Report and all other evidence
makes the following findings:
the Report
submitted,
1. The portion of the abandoned Embarcadero Avenue
road right-of-way is excess right-of-way and not required for
street or highway purposes; and
2. This vacation is subject to the condition that
the public service easement for utilities is reserved for the
City; and
3. The portion of street right-of-way is not needed
for present or prospective public facilities, except for
utilit Si and
4. The public convenience and necessity do require
reservation of the public service easement for utilities; and
5.
vacated is
The portion of
not useful as
the street right-of-way to be
a non-motorized transportation
2
I
I
facilitYi and
6. The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the
planning department that the vacation of the portion of the
street right-of-way and reservation of an easement for utilities
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 8334 of the
Streets and Highways Code, the City Council does hereby order
that the portion of the street right-of-way as shown on the
attached map(s) shall be and hereby is summarily vacated,
subject to the reservation of the easement for utilities.
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 Maps and the Report.
SECTION 4. The portion of the public service easement
for streets described in Exhibit "A" and depicted in the plat
map attached as Exhibit "B" will no longer constitute a street
right of-way but will constitute a public service easement for
utilities from and after the date of recordation of the
documents identified in Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of
the portion of the street right-of-way and reservation of an
easement for utilities 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: January 22,2008
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
SCHMID, YEH
BARTON, BURT
APPROVED:
3
Director
Services
& ,
4
•
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA )
On ££8 Y , 2008, before me, M.l.L-' n In W. ~7-/)'7I1A-)
a Notary Public, in aQ-d for the State of California, personally appeared
LABAt) kLi!: I.IV , who proved to me on the basis of satisfactory evidence to
be the person,s1 whose name is/..a;re subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in histRer/their authorized
capacity(~), and that by his/her/tAeit signature~ on the instrument the person(~, or the
entity upon behalf of which the person(~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature~~ WILLIAM W. FELLMAN
COMM •• 1490052 m
Notary Publlc-CaUfomla !l!
SANTA CLARA COUNTY ....
My Comm. Exp. May 18. 2008
~ .:, J •• ,
} (:~ 1\ {\I?
EXHIBIT "A"
LEGAL DESCRIPTION
SUMMARY VACA1'ION
./
PORTION OF EMBARCADERO ROAD, PALO ALTO
BEING A SUMMARY VACATION OF REAL PROPERTY IN THE CITY OF PALO ALTO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL ONE, AS DESCRIBED IN THE
TRUST TRANSFER DEED RECORDED MARCH 28, 2007, DOCUMENT NO. 19362067, SANTA
CLARA COUNTY RECORDS;
THENCE SOUTH 70°10'00" WEST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL
ONE, A DISTANCE OF 336.77 FEET;
THENCE SOUTH 51°45'00" EAST, A DISTANCE OF 32.22 FEET;
THENCE NORTH 70°10'00" EAST. A DISTANCE OF 306.51 FEET;
THENCE NORTH 38°15'00" EAST, A DISTANCE OF 25.69 FEET TO AN INTERSECTION WITH
THE SOUTHWESTERLY LINE OF THE PENINSULA CORRIDOR JOINT POWERS BOARD
RIGHT-OF-WAY;
THENCE NORTH 51°45'00" WEST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 16.22 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 9,004 SQUARE FEET OR 0.21 ACRES MORE OR LESS.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT. "EXHIBIT B",
AND BY REFERENCE, MADE A PART HEREOF.
SHEET 1 OF 2
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DEED DOC J\]O,
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32.22'
551 '45'00"£
45'
GRAPHIC SCALE
o 24 48 72 96 120
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1 inch = 120 ft.
LEGEND:
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF.
NEW BOUNDARY LINES
OLD RIGHT-OF -WA Y LINE
PARCEL LINES
STREET CENTERLINE '" ~ PLAT TO ACCOMPANY LEGAL DESCRIPllON EXHIBIT -B-s ~ ____________________________ ~~~~ ____________ '-__ ~o
DAlE, 01 11 08 SHEET
• SAN DIS I :~:::~::~.... ~:~~8Y' 1»=1S~~ SUMMARY VACATION
EMBARCADERO ROAD API'liOVEO BY . DWB 60S C.suo Stteet I MountllnVlew,CA94041 1,.650,969.6900 I F.650.969.6472 I www ... ndls.n.t IV.WINGNQ,
MOUNTAIN VIEW ROSEVILLE OAKLAND 204148 PALO ALTO
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204148
'" • " ~ ,.
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)
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 Av'enue
P.O. BOX 10250
PALO ALTO, CA 94303
USE
ATTACHMENT A
SPACE ABOVE LINE FOR RECORDER'S
A. P. No.:
Proj ect No.:
120-34-012
CEV 07/03
Project: Vacation of Public
Right-of-way -Town &
Country Shopping
Center, 855 El Camino
Real
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A PORTION OF THE
ABANDONED EMBARCADERO AVENUE ROAD RIGHT-OF-WAY
AND RESERVING AN EASEMENT FOR UTILITIES ADJACENT
TO THE TOWN & COUNTRY SHOPPING CENTER, 855 EL
CAMINO REAL
WHEREAS, Chapter 4 the Public Streets,
Service Easements Vacation Law, commencing with
Highways Code section 8330, provides for summary
streets and public service easements; and
Highways and
Streets and
vacation of
WHEREAS, the City of Palo Alto acquired the right-
of-way street purposes located along Embarcadero Road adjacent to 855
EI Camino Real as shown on "PLAT of a tract of Land on the SAN FRANCISQUITO
RANCHO owned by CAPT. JOHN GREER/) Map was filed March 11, 1878 in Book A
of Maps page 3) Records of Santa Clara County; and being a portion of the 32 Y2 acres as
shown on said Map, also being apart of the right of way as shown on the "FINAL
CORRECTED PLANS OF EMBARCADERO ROAD UNDERPASS, DRAWING NO.
10,456 MARCH 1937, FILE NO. lO-A-l, SHEET 1 OF 20" (see City of Palo Alto file
number 120-1102-003 and 120-1102-009 for right of way dimensions along section being
abandoned); and.
1
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to surrnna ly vacate excess right-o
way for a street which is not red for street or highway
purposes; and
WHEREAS, a portion of the abandoned Embarcadero Avenue
road right-of-way is no longer used or required street or
highway purposes; and
WHEREAS, the in-place public utility facilities wi thin
the street right-of-way to vacated will not be a ed due
to the condition placed on this vacation that the y shall
reserve a public service easement for utilities; and
WHEREAS, the City Council intends to surrnnarily vacate a
portion of a public service easement for streets, reserving a
publ service easement for utilities, as more particularly
described in Exhibit "AU, 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. 124:08, dated January 22, 2008, submitted by the
Ci ty Manager to the City Council setting forth the reasons
the surrnnary vacation of the portion of the street right-of-way
and the reservation of public service easement for utilit s
("Report") .
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
SECTION 1. The City
and, ba upon the Report
Council
and all
hereby adopts
other evidence
the Report
submitted,
makes the following findings:
1. The portion of the abandoned Embarcadero Avenue
road right-of-way is excess right-of-way and not required
street or highway purposes; and
2. This vacation is subj ect to the condition that
the public service easement for utili ties is reserved for the
City; and
3. The portion of street right-of-way is not needed
for present or prospective public facil ies, except for
utilities: and
4. The public convenience and necessity do require
reservation of the public service easement for utilities; and
2
5. The the street ght-of-way to
vacated is not
facility; and
portion of
useful as a non-motorized transportation
6. The Council has considered Palo Alto
Comprehensive an and rati s the determination of the
planning department that the vacation of the portion of the
street right-of-way and reservation of an easement for utilities
is in conformity with the Palo to Comprehens Plan.
SECTION 2. Based upon the findings made in Section 1
this Resolution and the provi ons of Section 8334 of the
Streets and Highways Code, the City Council does hereby order
that the portion of the street right-of-way as shown on the
attached map(s) shall be and hereby is summar y vacated,
subject to the reservation of easement for utilities.
SECTION 3. The City Clerk, acting by and through the
.Real Property manager, is hereby directed to record at Santa
Clara County Records a certi ed copy of this Resolution,
including the Maps and the Report.
SECTION 4. The portion of the publ service easement
for streets described in Exhibit "A" and depicted in the plat
map attached as Exhibit "B" will no longer const ute a street
right-of-way but will const a public service easement for
utilities from and after the date of recordation of the
documents identi ed in Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of
the portion of the street right-of-way and reservation of an
easement for utilities is exempt from review under the
California Environmental Act pursuant to Ie 14 Californ
Code of Regulations section 15305 as a minor alteration in land
use limitations.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
3
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
APPROVED:
C Y Manager
Director of Administrative
Services
LEGAL DESCRIPTION
SUMMARY VACATION
PORTION OF EMBARCADERO ROAD, PALO ALTO
BEING A SUMMARY VACATION OF REAL PROPERTY IN THE CITY OF PALO ALTO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE MOST EASTERLY CORNER OF PARCEL ONE, AS DESCRIBED IN THE·
TRUST TRANSFER DEED RECORDED MARCH 28,2007, DOCUMENT NO. 19362067, SANTA
CLARA COUNTY RECORDS;
THENCE SOUTH 70°10'00" WEST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL
ONE, A DISTANCE OF 336.77 FEET;
THENCE SOUTH 51°45'00" EAST, A DISTANCE OF 32.22 FEET;
THENCE NORTH 70°10'00" EAST, A DISTANCE OF 306.51 FEET;
THENCE NORTH 38°15'00" EAST, A DISTANCE OF 25.69 FEET TO AN INTERSECTION WITH
THE SOUTHWESTERLY LINE OF THE PENINSULA CORRIDOR JOINT POWERS BOARD
RIGHT -OF-WAY;
THENCE NORTH 51°45'00" WEST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 16.22 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 9,004 SQUARE FEET OR 0.21 ACRES MORE OR LESS.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, "EXHIBIT B",
AND BY REFERENCE, MADE A PART HEREOF.
SHEET 1 OF 2
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-(OWN AND COUNTHY V JLLAGE
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THUST THANSFEH
DEED DOC )\JO,
19362067
6' O.
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I 32.22'
551"45'00"£
45"
I I ~
I I ~
i~
I
I
I
GRAPHIC SCALE
o 24 48 72 96 1 20 '2.~
1 inch 120 ft.
LEGEND:
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF.
--- ---NEW BOUNDARY LINES
-----------------------OLD RIGHT -OF -WAY LINE
---PARCEL LINES
---STREET CENTERLINE ~
PLAT TO ACCOMPANY LEGAL DESCRIPllON EXHIBIT "B" 5-~ ______________________________ ~~~~~ ____________ ~~ ____ ... o
DAlE' 01 \I 08 SHEET
SA .... DIS I ~~v:~.~~~':"'S SCALE, 1-=120' SUMMARY VACATION 2 .,. 1"II1II PLAN.... DRAWN BY, SLK .l, AP~OV£DBY . Dwe EMBARCADERO ROAD 6
DRAWING NO; ~ ~2~04.1~4~8~~P~A~LO~A~LT~O~ __ ~C"A~L~IF~O~RN~laA~o_F_2~,~~~~~T.,S ~
605 (astro Street I Mountain View, CA 94041 J P.650.969.6900 I ,. ';50.969.6472 I www ... ndl,.n.t
MOUNTAIN VIEW ROSEVILLE OAKLAND
EXHIBITC
City of Palo Alto
City Manager's Report
6
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: JANUARY 22, 2008
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 124:08
SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY V ACATING A
PORTION OF THE ABANDONED EMBAR<:ADERO ROAD RIGHT-OF-
WAY AND RESERVING A PUBLIC UTILITIES EASEMENT
ADJACENT TO THE TOWN & COUNTRY VILLAGE SHOPPING
CENTER, 855 EL CAMINO REAL
RECOMMENDATION
Staff recommends that Council adopt the attached resolution summarily vacating a portion of the
abandoned Embarcadero Road· right-of-way and reserving a public utilities easement along
Embarcadero Road adjacent to the Town & Country Village Shopping Center, 855 EI Camino
Real.
DISCUSSION
In conjunction with a redevelopment project for the Town and Country Village shopping center,
the owner/developer has requested that the City vacate a segment of the abandoned 37-foot right-
of-way for the former Embarcadero road (see plat map attached to Resolution). This right-of-way
is no longer used or needed for street purposes. The vacated right-of-way will be used to provide
additional parking and vehicular circulation for new development on the site, including a new
grocery store. The City will retain a portion of the right-of-way for pedestrian and bicycle use
and will retain a utility easement over the entire right-of-way. In exchange for the use of the
vacated right-of-way, totaling about 9,000 square feet, the owner/developer will: 1) construct a
bike/pedestrian path on the remaining segment of the abandoned right-of-way; and 2) install a
new traffic signal at the intersection of the shopping center main driveway and Embarcadero
Road. In addition, the developer has included a number of bicycle and pedestrian improvements
into the project: new railing along both sidewalks on Embarcadero in the vicinity of the
signalized pedestrian crossing; re-Iandscaping of the planted area behind the sidewalk along
Embarcadero Road to provide a wider flat walking surface for pedestrians; and enlargement of
the island for pedestrian storage area on the shopping center side of the signalized pedestrian
crosswalk on Embarcadero Road. The bike/pedestrian path will provide a connection to the bike
path extending along the west side of the Caltrain right of way, which is adjacent to the easterly
boundary of the shopping center. The traffic signal will mitigate traffic impacts of the new
development on the site and improve traffic flow at the intersection. The redevelopment project
for the shopping center was recommended for approval by the Architectural Review Board on
December 20, 2007.
CMR: 124:08 Page 1 of3
The attached Resolution will vacate a portion of the City's abandoned right-of-way (see plat map
attached to Resolution). This right-of-way is no longer needed for street purposes; however, it
does contain utility facilities. Therefore, the Resolution also reserves an easement for utilities.
Staff has notified the City Utilities, Public Works and Planning departments of the proposal to
vacate the right-of-way, and all concur with the vacation subject to the reservation of a utility
easement. The portion of the right-of-way to be vacated is not necessary for any present or future
use, except for utilities facilities, and therefore it may be summarily vacated, subject to the
reservation of a PUE in accordance with Section 8334 of the California Streets and Highways
Code.
RESOURCE IMP ACT
The owner/developer's cost to install the bike/pedestrian path and the traffic signal is estimated
at a minimum of $366,000. In exchange for the 9,000 square feet of right-of-way to be vacated,
the $366,000 cost amounts to $40.00 per square foot. This is a fair value for use of the vacated
right-of-way, especially considering the City will reserve an easement for utilities beneath the
entire right of way to be vacated.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of a portion of the public right-of-way and the reservation of a
public utility easement is inconformity with the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the portion of the street right-of-way 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 FELLMAN
Manager, Real Property
DEPARTMENT HEAD APPROVAL:
LALOPEREZ
Director, Administrative Services
CITY MANAGER APPROVAL:
ATTACHMENTS
,,--~tb.4)
EMILY HARRISON
Assistant City Manager
Attachment A: Summary Vacation Resolution
CMR: 124:08 Page 2 of3
cc: Ellis Partners, LLC
CMR: 124:08 Page 3 of3
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