HomeMy WebLinkAboutRESO 8813Recorded 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
DOCUMENT: 198Y~079
I UlllllllmUl1i
REGINA ALCOMENDRAS
Fees ... .
Taxes .. .
Copies ..
AMT PAID
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
Pages: 7
* No Fees
ROE # 001
6/19/2008
1: 47 PM
SPACE ABOVE LINE FOR RECORDER'S USE
A. P. No.:
Proj ect No.:
Project:
003-45 037
CEV 06//07
Vacation of Public
Utility Easement -
1401 Parkinson Ave
SUMMARY VACATION
RESOLUTION NO. 8813
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY
VACATING A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 1401 PARKINSON
AVENUE
WHEREAS, Chapter 4 of the Public Streets,
Service Easements Vacation Law, commencing with
ghways 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 1401 Parkinson Avenue as
shown in Resolution No. 1560 recorded in Book 1426 Page 414 on
March 10, 1947; 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superceded by relocation and there are no other public facilities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
copy of CMR No. 175:08, dated March 24, 2008, submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation public utility easement (\\Report").
lof3
,-
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 dence submitted, makes the
following findings:
1. The public utility easement at 1401 Parkinson Avenue
has not been used;
2. No public facilities are located within the Public
uti ty easement; and
3. The Public utility easement is not needed for
present or prospective public facilities; and
4. The public convenience and necessity does 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 facilitYi and
6. The Council has considered the Palo Alto
the planning
easement is in
Comprehensive Plan and ratifies the determination
department that the vacation of the Public utility
conformity with the Palo Alto Comprehensive Plan.
SECTION 2. Based upon the findings made 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 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
II
II
II
2of3
The Council finds that summary vacation of the
public easement 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: March 24, 2008
AYES:
NOES:
ABSENT:
ABSTENTIONS:
BARTON, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
SCHMID, YEH
BURT
APPROVED:
r~::de·
/'
ttorney
30f3
WADE HAMMOND
LAND SURVEYOR
36660 NEWARK BLVD. SUITE D
NEWARK, CALIFORNIA 94560-3000
TEL:51O-739-1600 FAX:51O-739-1620 WADEHAMMOND@COMCAST.NET
APN: 003-45-037
PREPARED: L. WADE HAMMOND PLS
CHECKED BY: L. WADE HAMMOND PLS
APPROVED BY:
November 20, 2007
LEGAL DESCRIPTION EASEMENT ABANDONMENT
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF PINE
STREET (NOW ABANDONED) AND THE NORTHERLY LINE OF PARKINSON AVENUE AS
SAID STREETS ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF ALBA PARK
ADDITION, ADJOINING PALO ALTO, BEING A SUBDIVISION OF LOT 4 IN THE MERCIER
TRACT," WHICH MAPS WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 18, 1905 IN BOOK
"L" OF MAPS, AT PAGE 8; THENCE NORTH 89°58'00" WEST ALONG THE SAID WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF PARKINSON AVENUE A DISTANCE OF
13.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°02'00" EAST AND
PARALLEL TO THE EASTERLY LINE OF PINE STREET A DISTANCE OF 147.00 FEET TO A
POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF AN ALLEY AS
SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF AN ALLEY, NORTH 89°58'00" WEST 17.00 FEET; THENCE SOUTH
00°02'00" WEST AND PARALLEL TO THE EASTERLY LINE OF PINE STREET, 147.00 FEET
TO SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARKINSON AVENUE;
THENCE ALONG SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
PARKINSON AVENUE SOUTH 89°58'00" EAST 17.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 2499 SQ. FT. MORE OR LESS
END OF REAL PROPERTY DESCRIPTION.
EXHIBIT A
PAGE 1 OF 2
SAID LANDS ARE SHOWN ON THE ATTACHED PLAT
HEREOF.
". I.
>-W
.J
.J
<C
S:
DA T[: 11
'00" W 147.00'
LOT 1
1401 PARKINSON AVE.
APN: 003-45-037
0" W PINE ST~
\( ABANDONED) l;;
----~
BLOCK J)L)) m 8
EASEMENT ABANDONMENT
PORTION OF IN (ABANDONED)
S OWN ON THE
"MAP OF AL K ADDITION,
ADJOINING ALO AL TO, BEING A
SUBDIVISION OF LOT 4 IN THE
M CIE ACT"
RECORDED ~12 '18 1905 IN BOOK
''L'' OF MA AGE 8
ALO L
EXHIBIT B
LAT TO ACC M
L GAL DESCRIP
NY
N age 2 of 2
7
z o en z -~ Lull:
• w >,
<C~ g<C
a Co c..o--J
()!fJ ~L ~J ~ P.O.B.
, v).....-';2 I, _____ -
t...J PINE 6 ,0 ST. 00 \D
CSl 00
VlI
Lo ~ad Hammond
Lic.ensed Land SlJrve~or
No. (;II
3bbbO Ne~ark Blvd. 5vite D
Ne~ark, CaliPornia
<::(4SbO
Tel,(SIO) is<::(-lbOO
Fa.x:(SIO) ;3'1-1620
r
5 City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: MARCH 24, 2008
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 175:08
SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 1401 PARKINSON AVENUE
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a public
service utilities easement (PUE) located at 1401 Parkinson A ven\le.
DISCUSSION
The owner of the property at 1401 Parkinson 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 for the project, the Utilities Department required the owner to grant the
City a new PUE to replace the existing PUE and to pay for the relocation of a portion of the
utilities located within the PUE to be vacated. Staff has notified AT&T (formerly SBC)
Communications as well as the City Utilities, Public Works and thePIanning Department of the
proposal to vacate the PUE, and all concur with the vacation. ThisPUE is not necessary for any
present or future use and it may be summarily vacated in accordance with Section 8333 of the
Califomia Streets and Highways Code.
RESOURCE IMPACT
The easement vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, has
been paid.
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.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from review under the
Califomia Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
CMR:175:08 Page 1 of2
Recorded at no
Government Code
at the request of,
ed return to:
in accordan
6103
when recor<
City of Palo Alto/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo to, CA 94303
DOCUMENT: 19897562
II ~ 111111111111 m
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Fees.
Taxes ...
Copies
AMT PAID
Pages: 5
* No Fees
ROE j:I 011
6/2512008
1 : 07 Plvl
0rh~~ hCUV~ IH1~ L1N~ ~DR
RECORDER'S USE ONLY
A.P. No.: 003-45-037
Property Address: 1401 Parkinson
Project No.: AE 08/01
IG RAN T 0 F E A 5 E MEN TI ---------------------------
FOR A VALUABLE CONSIDERATION, rece
acknowledged,
of which is hereby
Howa D. Look and Melissa D. rson,
husband and wi as joint tenants
GRANTORS, do hereby GRANT to the CITY OF PALO ALTO, a municipal
corporation, GRANTEE, an easement and right of way to
construct, mainta , repair, ace and
upgrade underground public utilities and related improvements
with the right of ingress and egress thereon and the right to
ss and repass over, along, across, under, and upon sa
easement whenever and wherever grantee desires for the pu ses
set h herein, perpetuity, in, over, under, across, along,
and upon that certain property in the City of Pa Alto, County
of Santa Clara, State of California, shown on the map attached
hereto and more particularly described Exhibit A attached
reto and by s reference incorporated herein.
IN WITNESS WHEREOF, t
be execut
undersi has caused
\ i.
s instrument
"1' i ! i
:. :)
Dated:
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On ~~ 1{ ,2008, be me,~Q..~,
a Notary PUblic, in and for the State of caliOirfla, personally appeare~~~~~~ho to me on the basis
of satisfactory evid~ be the rson(s) whose nam~~/are
subscribed to the within instrument acknowl to me that
h@/slrG!/they executed the same in
capacity(ies), and that by
instrument the person(s), or
person(s) acted, executed
ir si
the entity
instrument.
ir authorized
ture(s) on the
If of which the
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing pa raph is true and correct.
WITNESS my hand offi al seal
MARll VN J. ANDERSON
Comm. No.1520500
NOTAAY'UBUC·CAUFO~
8AHTA CLARA COUNTY COI'IIm. Expire, Oct. te. 2OIJ8 Signature p~,9~
This is to certify that the interest
the within deed ()rgra~t'to the City
corporation, is hereby accept by
agent on behalf of the Oouncil of . / to authorlty conferred/by resol
on March 15, 1971, anct the C
recordation thereof ~y its,dUly a
( \.._/'
Dated __________________________ __
rty conveyed by
, a municipal
cer or
pursuant
adopted
By: ________________________ _
This is to certify that the interest in real property conveyed by
the within deed or grant to the City Palo Alto, a California
Charter City, is hereby accepted by the undersigned officer or
agent on behalf the Council of the City of Palo Alto, pursuant
to authority conferred by resolution of the said Council adopted
on March 15, 1971, and the City Palo Alto consents to
recordation thereof by its duly authorized officer.
Approved as to Form
Sr. Asst. City Atto~~y
'"'. ~(' i
By w~JJ \, :5
APPROVALS
~tLo By :"'.,.,w, ~1 ~ ~
Ass~stant Clty Manager
Approved as to Content
Utilities
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On /)2AJ2~/.J /),1!1 WJ:" 2 0 0 8, be fore me, k!.N-':-/ A,n j/ h:U/1J.II#
a Notary Public, in and for the State of California, personal
appeared 13 "Ii j,.JI II~RR IS(J,A-I ,who proved to me on the basis
I
of satisfactory evidence to be the person(~ whose name is/~
subscribed to the within instrument and acknowledged to me that
~/she/~ executed the same in ~/her/~r authorized
capacity(~), and that by ~/her!,tJ:lf;jx signature{:-&) on the
instrument the person~), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
Cmlifornia that the foregoing paragraph is true and correct.
WITNESS my hand and ficial
COMM. '1490052 m
Notary Publlc.clilfomia en
SANTA CLARA COUNTY ::;
IIIV L'~mm. Exp. May 11, 2808
WADE HAMMOND
LAND SURVEYOR
36660 NEWARK BLVD. SUITE D
NEWARK, CALIFORNIA 94560-3000
TEL:510-739-1600 FAX:51O-739-1620 WADEHAMMOND@COMCAST.NET
APN: 003-45-037
PREPARED: L. WADE HAMMOND PLS
CHECKED BY: L. WADE HAMMOND PLS
APPROVED BY:
November 20,2007
LEGAL DESCRIPTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRlBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF PINE
STREET (NOW ABANDONED) AND THE NORTHERLY LINE OF PARKINSON AVENUE AS
SAID STREETS ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF ALBA PARK
ADDITION, ADJOINING PALO ALTO, BEING A SUBDIVISION OF LOT 4 IN THE MERCIER
TRACT," WHICH MAPS WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 18, 1905 IN BOOK
"L" OF MAPS, AT PAGE 8; THENCE NORTH 89°58'00" WEST ALONG THE SAID WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF PARKINSON AVENUE A DISTANCE OF
23.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00002'00"EAST AND
PARALLEL TO THE EASTERLY LINE OF PINE STREET A DISTANCE OF 147.00 FEET TO A
POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF AN ALLEY AS
SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF AN ALLEY, NORTH 89°58'00" WEST 7.00 FEET; THENCE SOUTH
00°02'00" WEST AND PARALLEL TO THE EASTERLY LINE OF PINE STREET, 147.00 FEET
TO SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARKINSON AVENUE;
THENCE ALONG SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
PARKINSON AVENUE SOUTH 89°58'00" EAST 7.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 1029 SQ. FT. MORE OR LESS
END OF REAL PROPERTY DESCRIPTION.
EXHIBIT C
PAGE 1 OF 2
SAID LANDS ARE SHOWN ON THE ATTACHED PLAT EXHIBIT D AND MADE A PART
HEREOF.
/
' I
/
> W ..J ..J «
DATE· 11-20 2007
SCALE. 7" JO'
5 00·02'00" W 147.00'
OT 7
1401 PARKINSON AVE.
APN: 003-45-037
---1
BLOCK 4 nL)J m 8
EASEMENT
PORTION INE T. CABAND NE )
A HOWN ON THE
"MAP 0 AL A PARK ADDITION,
ADJOININ ALO AL TO, BEIN A
SUBDIVI ION OF LOT 4 IN TI~I
M CIER TRACT"
RECORD 0 12 1 1905 IN BO K
"L" OF MA PAGE 8
AL ALTO
EXHIBIT D
LA T TO ACCOM ANY
L GAL OESCRI ON Page 2 of