HomeMy WebLinkAboutRESO 8838Recorded 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: 19916194
111111111111111 "I " /I
REGlNA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
Pages:
Fees ... . * No Fees
Taxes .. .
Copies,. ___ _
AMT PAlO
ROE '* 005
7/11/2008
12:46 PM
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.:
Proj ect No.:
Project:
127-33-065
CEV 07//04
Vacation of Public
Utility Easement -
780 Rosewood Drive
SUMMARY VACATION
RESOLUTION NO.8838
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY
VACATING A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 780 ROSEWOOD
DRIVE
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 City of Palo Alto reserved a public service
easement (PUE) for utilities on the property at 780 Rosewood Drive
as described and shown in the Quitclaim Deed document 2136318,
recorded in Book 5456 Page 284 on February 5, 1962; 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utility easements when the easement has been superceded by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. 274:08, dated June 16, 2008, submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation public utility easement ("Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
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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 780 Rosewood Drive
has been superceded by relocation;
2. No public facilities are located within the Public
utility easement; and
3. The Public utili ty 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 facility; and
6. The Council has considered the Palo Al to
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
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SECTION 5. The Council finds that summary vacation of the
public utility 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: June 16, 2008
AYES:
NOES:
ABSENT:
Barton, Burt, Drekmeier, Espinosa, Kishimoto, Klein,
Schmid, Yeh
NOT PARTICIPATING: Morton
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APPROVED:
Direc
Ser
LEGAL DESCRIPTION
EXHIBIT 'A'
VACATION OF.
PUBLIC UTILITY EASEMENT (P.U.E.)
All that certain parcel of land situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEING all of that certain strip of land of the uniform width of 10 feet, as reserved
in the Quitclaim Deed from the City of Palo Alto, a municipal corporation to
Carlyle Barry Whitman, Sr., recorded on February 5,1962 in Book 5456 of
Official Records at page 284, Santa Clara County records, more particularly
described as follows:
BEING a strip of land of the uniform width of 10 feet, lying adjacent to and
southeasterly of the southeasterly line of Lot 9, Block 224 as shown on the map
of Tract No. 268 entitled "MIDDLEFIELD PARK UNIT NO.1", filed on May 6,
1946 in Book 10 of Maps at Pages 14 and 15, said Santa Clara County records.
The sidelines of said strip to be prolonged or shortened so as to terminate
northeasterly in the northeasterly line of the parcel of land described in said
Whitman deed and southwesterly in the southwesterly line of the parcel of land
described in said Whitman deed.
P.U.E. contains an area of 1,293 square feet, more or less.
This easement is not a subdivision and creates no new parcel.
P.U.E. is shown on attached plat Exhibit B and made a part hereof.
END OF DESCRIPTION
This description is based upon a field survey of Lands of Cortale as described in
Document No. 19001877, Santa Clara County records.
APN: 127-33-065
Kristina D. Comerer, PLS 6766
License expires: September 30, 2008
LEGEND '" '\. PLA T TO ACCOMPANY
FD. 3/4" I.P. WITH PLUG " " LEGAL DESC~I~nON
• & TACK "BGT LS 7551" " " 2 EXHIBIT B
fO 1-1/2" J.P. WITH CONCRETE, VACATION OF
8 TAG & NAIL "RE 684" ~ " PUBUC UTIUTY EASEMENT
- - - -EXISTING EASEMENT UNE TRACT NO. 268 '\. " 780 ROSEWOOD DRIVE
- - - -DESCRIBED EASEMENT MIDDLEFIELD PARK'\. PALO ALTO, CAUFORNIA ~
BOUNDARY UNE UNrT NO. J" ~ Fe 1-3/4D I.P. Wlnt?'
LOT UNES JO M J4-15 \. «.«) /,~ CONCRETE, TAG &
-----CENTER UNE '\. «.'V("" "b< PIN "RE 2959", ON. 0.7'
~o~~ a~~Oa
"'" r<:-__ _
y 11"40'--
SURVEYOR'S STATEMENT
9
127-33-065
LANDS OF CORTALE
/" ", /~"O~· «.(",,~,,~ ,,"\
~("" "b/ \. ~ «'~. '\.
,,0
DOC. NO. 19001877 ,,0 ~
",-'v l).! o r-~. '(~v!O o· ~~ / O~ ~~~~~\)/ o~· ~ \ C~ '('\)'iv ~ ~ x \ • O~ ,,~~'O /
,,0 <¢<v c::>~. .~I)c ~" / ,,0 nO;-1;) ~I)c ~~ --' ",v ~ ~,
fi./ $~ ~~~/ )~
TRIANGULAR EASEMENT
FOR WIRE OVERHANG
5456 O.R. 284
SCALE: 1" = 30'
THIS MAP CORRECTlY REPRESENTS A SURVEY MADE BY ME OR UNDER MY
DIRECllON IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL
LAND SURVEYORS' ACT AT THE REQUEST OF MARIA CORTALE IN MARCH 2007. J~ ... D~
CROSS LAND SURVEYING. INC. miL 2210 MT. PLEASANT ROAD a... SAN JOSE. CA 95148
(408) 274-7994
PROJECT NO. 07-17 (J ~ II KRISllNA O. COMERER. PLS 6766
DATE:i(. I Zpb7 UCENSE EXPIRES: September 30. 2008
fr//ltf',/~ gyl
EXHIBIT Ie'
City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM:-CITY MANAGER
DATE: JUNE 16, 2008
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 274:08
SUBJECT: ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 780 ROSEWOOD DRIVE
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution summarily vacating a public
service utilities easement located at 780 Rosewood Drive.
DISCUSSION
The owners of the property at 780 Rosewood Drive have requested that the City vacate a 10-foot
public utilities easement (PUE) which runs across their property. The owners plan to install a
pool in their back yard which will encroach into the 10-fo'ot PUE. Staff has notified AT&T
(fonnerly SBC) Communications, City Utilities, Public Works and the Planning Department of
the proposal to vacate the PUE, and all concur with the vacation, subject to a Utilities
Department condition requiring the owners to grant the City a new 5-foot PUE to replace the
existing 10-foot PUE, and to pay for the relocation of the utilities located within the PUE to be
vacated. The owner has granted the new 5-foot PUE, and the utility facilities have been
relocated at the owner's cost. Therefore, the 10-foot PUE to be vacated 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.
RESOURCE IMPACT
The easement vacation processing fee of $1,260.00, as set forth in the Municipal Fee Schedule
is not applicable when a new PUE easement is granted in exchange.
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: 274:08 Page 1 of2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from 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.
ATTACHMENTS
Attachment A: Summary Vacation
cc: Property Owners ~
PREPARED BY:
DONNA HARTMAN
Sr. Financial Analyst, Administrative Services
, DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL: ~TE;;Eds£fg MORAUIU
Deputy City Managers
CMR: 274:08 Page 2 of2
DOCUMENT: 19916195
Recorded at no c in accordance I
Government Code Section 6103 I
11111111111111111111111
Fees ... .
Taxes .. . at the request of, when record 1 Copi es ..
AMT PAID return to:
City of Palo to/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
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I
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
__________________________________ 1 ________________________ __
________ IG RAN T OF
SPACE ABOVE THIS LINE FOR
RECORDER'S USE ONLY
A.P. No.: 127~33 065
Property Address: 780 Rosewood Dr.
ect No.: AE 12/18 07/07
E A S E MEN TI ___ _
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
Robert Cortale and Maria Cortale, Husband and Wife, as Community
Property with Right of Survivorship as to an undivided 2/3rds
Pages:
* No Fees
ROE # 005
7/11/2008
12:46 PM
interest, and rt Cortale and Maria Cortale as Trustees of the
Vincenzo Cortal ial needs Trust, as to an undivided 1/3rd
interest
. GRANTORS, do he GRANT to the CITY OF PALO ALTO, a municipal
corporation, GRANTEE, an easement and right of way to
construct, maintain, repair, replace and
upgrade public utilit s and related improvements
with the right ingress and ss thereon and right to
pass and repass over, along, across, under, and upon said
easement whenever and wherever ee desires the purposes
set forth herein, in perpetuity, in, over, under, across, along,
and upon that property in the City of Pa Alto, County
Santa Clara, State of Cali ia, shown on the map attached
hereto and more icularly described in Exhibit A attached
hereto and by s reference incorporated herein.
'.
IN WITNESS WHEREOF,
executed.
Dated:
Dated:
undersigned has caused this instrument to
By::2/<4!;
By: A/cutg &Jt1L
Maria Cortale
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
, 2008, before me, .L,LjF-T--'-'--.-----,,----
~~1J~~~~~~6U~~~~=========-~, a Notary Public, in and for
the State of Calif a, personally appeared R.btrt (})tffll i MAntA t!JJrfAlt, who proved to me on the basi s of
satisfactory evidence to be the perso~whose name i~
subscribed to the within instrument and ack ledged to me that
/she!.~executed same in his/ r. authorized
capacity es) I and that by his/he thel Slgnatur~ on the
trumen the perso~ or the entity upon behalf of which the
person@acted, executed the instrument.
I certify under PENALTY OF PERJURY under laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and fi al seal.
Signature ~JAo~
This is to certify that the erest in property conveyed by
the within deed or grant to the City of Palo Alto, a municipal
corporation, is hereby accepted by the undersigned officer or
agent on behalf of the Council of City of Palo Alto, pursuant
to authority conferred by resolution of the said Council adopted
on March lSi 1971, and the City of Palo Alto consents to
recordation thereof by its duly authorized officer.
Dated __ 5~/_,~/~==-=8~ __________ _
APPROVALS
Approved as to Form
:::1!i;Z~
~
Approved as to Content
Utilities
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On MA Y '1
r , a Notary Public, in and for
the State of California, personally appeared Ke.I' ~ Hor p,-r i td ,who proved to me on the basis of
satisf;ctory evidence to be the person~whose name~~
subscribed to the within instrument and acknowledged to me that ~~ executed the same i~~ir authori
capacity(~ and that by ~~-signatureJ.s1-on the
instrument the person~-or the entity upon behalf of which the
person~ctedl executed the instrument.
I certify under PENALTY OF PERJURY under laws of the State of
California that the foregoing paragraph is true and correct.
ficial seal.
A, ikL=-=-
· ,
LEGAL DESCRIPTION
EXHIBIT 'A'
PUBLIC UTILITY EASEMENT (P.U.E.)
All that certain parcel of land situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEING a portion of that certain parcel of land described in the Quitclaim Deed
from the City of Palo Alto, a municipal corporation to Carlyle Barry Whitman, Sr.,
recorded on February 5, 1962 in Book 5456 of Official Records at page 284,
Santa Clara County records, more particularly described as follows:
BEGINNING at the most southerly corner of said Whitman parcel of land, being
marked by a %" iron pipe with plug and tack "BGT LS 7551"; thence along the
southwesterly and northwesterly lines of said Whitman parcel the following two
(2) courses: 1) North 47° 29' 32" West, 30.70 feet and 2) North 54° 44' 05" East,
5.12 feet; thence leaving said northwesterly line, South 47° 29' 32" East, 25.58
feet; thence North 54° 44' 05" East, 116.54 feet; thence North 40° 02' 30" West,
25.09 feet to the said northwesterly line; thence along said northwesterly line and
the northeasterly and southeasterly lines of said Whitman parcel, the following
three (3) courses: 1) North 54° 44' 05" East, 5.02 feet, 2) South 40° 02' 30" East,
30.11 feet, and 3) South 54° 44' 05" East, 126.00 feet to the POINT OF
BEGINNING.
P.U.E. contains an area of 886 square feet, more or less.
This easement is not a subdivision and creates no new parcel.
P.U.E. is shown on attached plat Exhibit B and made a part hereof.
END OF DESCRIPTION
This description is based upon a field survey of Lands of Cortale as described in
Document No. 19001877, Santa Clara County records.
APN: 127-33-065
Kristina D. Comerer, PLS 6766
License expires: September 30,2008
Date
/liJI'I1?OU'lO ,gX~/~(/-I<-07·
LEGEND
FD. 3/4" loP. WITH PLUG
• & TACK "BGT LS 7551" "'-"'-PLAT TO ACCOMPANY
LEGAL DESCRIPTION
EXHIBIT 'B' .Q FD. 1-1/2" loP. WITH CONCRETE,
\!I TAG & NAIL "RE 684"
"'-"'-2
- - - -EXISTING EASEMENT LINE
- - - -NEW EASEMENT LINE
BOUNDARY LINE
LOT LINES
-----CENTER LINE
~os~ b~/4POb ~-----F?::::::40' -
8
"'-"'-PUBLIC UTILITY EASEMENT
TRAcT NO. 26D" 780 ROSEWOOD DRIVE
MJDOLEFJELD PARK"'-"-PALO ALTO, CALIFORNIA ~
UNIT NO. J "'-FD. 1-3/4-I.P. WlTH./ Jo M J4~J5" <?~~,~ CONCRETE, TAG &
• " ~~ ,~ PIN "RE 2959", ON. 0.7'
, <? ~
/"'-"'-, /' ~ ,0 .
<?<v~ ,~ " "\ ~~ ~ "-
<) <?~.' "'-
,0
TRIANGULAR EASEMENT
FOR WIRE OVERHANG
5456 O.R. 284
127-33-065
LANDS OF CORTALE
DOC. NO. 19001877 (~.. S 40·02'30" E
30.11
SCALE: 1" = 30'
SURVEYOR'S STATEMENT / · .... O~~~ ~~~J ~6U~~~~~N;ORNER CROSS LAND SURVEYING. INC.
THIS MAP CORRECTlY REPRESENTS A SURVEY MADE BY ME OR UNDER MY 5456 O.R. 284 _IL2210 MT. PLEASANT ROAD
DIRECTlON IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL ....
LAND SURVEYORS' ACT AT THE REQUEST OF MARIA COR TALE IN MARCH 2007. a.-SAN JOSE. CA 95148
DATE: .A.pniP-2.4 Zoo/
~ D.~ (408) 274-7994
KRISTlNA D. COMERER, PLS 6766
LICENSE EXPIRES: September 30, 2008
PROJECT NO. 07-17