HomeMy WebLinkAboutRESO 8871Recorded 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: 20119565
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REGINA ALCOMENDRAS
Fees ... .
Taxes .. .
Copi es ..
AMT PAID
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.:
Proj ect No.:
137-17-020
CEV 07/09
Pages: 7
* No Fees
RDE l:I 005
2/03/2009
1: 10 PM
Project: Vacation of Public
Right-of-way -3748
Laguna Avenue
SUMMARY VACATION
RESOLUTION NO. 8871
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A PORTION OF THE LAGUNA
OAKS PLACE ROAD RIGHT-OF-WAY AT
3748 LAGUNA AVENUE
WHEREAS, Chapter 4 of 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 maps ~show an 11.50-
foot strip as a portion of the Laguna Oaks &~~e€~ right-of-
way; however there is no other documentation that the City
of Palo Alto has rights to the 11.50-foot strip; and
WHEREAS, an 11. 50-foot portion of the Laguna Oaks Court
street right-of-way is not used or required for street or
highway purposes, and there are no other public facilities
within the street right of way to be vacated; and
WHEREAS, Secti"on 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-
way for a street which is not required for street or highway
purposes; and
WHEREAS, the City Council intends to summarily vacate an
11.50-foot portion of a public service easement for streets, as
more particularly described in Exhibit "A", attached to this
1
resolution and depicted on the plat map attached as Exhibit "8"
to this resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. ttO"f:Dg dated IOt~J WOg-, submitted by the City
Manager to the City Council se ting forth the reasons for the
summary vacation of the 11.S0-foot portion of the street ght
of-way "Report") .
NOW, THEREFORE,
follows:
City Council does hereby RESOLVE as
and,
rna
SECTION 1. The City
based upon the Report
the following findings:
Council
and all
hereby adopts
other evidence
the Report
submitted,
1. The 11.S0-foot port of the Laguna Oa Place
street right-of-way is excess right of-way and not required for
street or highway purposes; and
2. The 11.50 foot portion of street right-of-way lS
not needed for present or prospective public facilities; and
3. The public convenience
require reservation of any portion of
for street or utilities purposes; and
and necessity do not
the public right-of-way
5. The 11.S0-foot portion of the street right-of-way
to be vacated is not useful as a non-motorized transportation
facility; and
6. The Council has considered the Palo Al to
Comprehens Plan and ratifies the determination of the
planning department that the vacation of the 11.S0-foot portion
of the street right-of-way 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 Section 8334 of the
Streets and Highways Code, the City Council s hereby order
that the 11.5 foot portion of the street right-of-way as shown
on the attached map shall be and hereby is summarily vacated.
SECTION 3. The City erk, acting by and through the
Real Property manager, i,:;; hereby directed to record at Santa
Clara County Records a certified copy of this Resolution,
including the Maps and the Report.
SECTION 4. The 11.50 foot portion of the public service
easement streets described in Exhibit "A" and depict in
2
the plat map attached as Exhibit "B" will no longer constitute a
street right-of-way 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 11. 50-foot portion of the street right-of-way 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: October 20, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
MORTON, SCHMID, YEH NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Ar;;;;£O::
Senior Asst. City ~ey
APPROVED:
3
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LEGAL DESCRIPTION
EXHIBIT 'A'
ABANDOI\lMENT OF RIGHTS
All that certain real property situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEGINNING at a point on the Southwesterly line" of Laguna Avenue (40.00
feet in width) distant thereon North 560 55'. WestSO.OO feet from the
Easternmost corner of that certain 3.60 acre tract of land described in the
deed from J.E. Reiter et al to James H. Neal etux, dated February 27, 1925,
recorded March 3, 1925 in Book 138 of Official Records, page 542 Santa
Clara County Records, thence from said point of beginning North 560 55'
West along said Southwesterly line of Laguna Avenue 11.50 feet; thence
South 330 05' West and parallel with the Southeasterly line of said 3.60 acre
tract 108.00 feet; thence South 560 55' East and parallel with the
Southwesterly line of Laguna Avenue 11.50 feet; thence North 330 05' East
and parallel with said Southeasterly line of the 3.60 acre tract 1 OS.OO feet to
the POINT OF BEGINNING and being a portion of the Santa Rita Rancho.
Containing an area of 1,242 square feet (0.029 acres), more or less.
Abandonment parcel is shown on attached plat Exhibit B and made a part
hereof.
END OF DESCRIPTION
This description is based upon a field survey of Parcel Two, as described in
the Interspousal Transfer Deed from Charles Wong and Ohn Sim Kim,
" husband and wife as joint tenants to Ohn Sim Kim and Charles Wong, wife
and husband as community property with right of survivorship, recorded on
October 18, 2004 as Document No. 18052705 of Official Records, Santa
Clara County records.
APN: 137·17·020
Kristina D. Camerer, PLS 6766
License expires: September 30, 2008
Date "
FD. OPEN 3/4" I.P., PLAT TO ACCOMPANY
ON. OJ' IN AC RD. LEGAL DESCRIPTION
I~~~~~~~~~~~~~~-~~'~~~~ r i I EXHIBIT 'B'
» (i)
A'/s 59 M. 37
c z » » oZ < :-" (J1 ron (J1 O'l I" 0 • z ~ c \0 rr1 q
3748 LAGUNA AVENUE
PALO ALTO, CALIFORNIA ,
FD. 3/4" I.P. WITH NA OAKS COURT N I:a:
NAIL &: TAG "RE 7605",~. LAGU Q -l' , Fa. 3/4." I.P. WITH
ON. 1.1' IN MON. WELL" _ _ _. WOOD PLUG Be TACK,
8, N 33'05'00" E 146.81 N FLUSH IN MON. WELL AREA=1.242 S.F. +/-0
(0.029 AC. +/-)¥ 33"05'00" W 108.00 ~
,... 11.50PARcE:LTWO~1.50=-::J I rRAcr NO. 2JB
LAGUNA vsrA
1 M. 43
-----........ ~ N 33'05'00" E 108.00 /
POINT OF LEGEND
- - ---ABANDONMENT PARCEL
(J)
(J1
O'l
BEGINNING z
Fa. OPEN 3/4" 25' I 20' I.P., ON. 0.3' g
..... -------PARGa UNES
--- ---MONUMENT UNE
~ O! g
APN: 137-17-020 g~
LANDS OF WONG 0 ~
DOC. NO. 18052705 0 Q
::::\
~I
--CENTER UNE ~ PARCEL ONE •
1 ® FOUND 3/4" I.P. AS NOTED
SURVEYOR'S STATEMENT
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE' BY ME OR UNDER MY
DIRECTION IN CONFORMANCE Win; n;E REQUIREMOIlS Of mE PROFESSIONAL
LAND SURVEYORS' ACT AT n;E REQUEST OF CHARLES WONG, IN AUGUST 2008.
FD. 3/4-J.P. Win;
NAIL &: TAG wCE 684",
ON. 0.2'
::E
DATE: A% ·R7t.cl3 ~ND.~ rRACr NO. '00
Me GREGOR GLENN
KRISTINA D. COMERER, PLS 6766
UCENSE EXPIRES: September 30, 2008
APfl1OV~R ~ ~ B-if-Of}
J20 M. j
.. SCALE:
FD. OPEN 3/4" I.P.,
ON. 0.1' IN AC RD.
1" = 40'
CROSS LAND SURVEYING, INC
aL2210 MT .. PLEASANT ROAD ar-. SAN JOSE, CA 95148
(408) 274-7994 P~OJECT NO. 08-53
.'
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f 'l:.
City ·of Palo Alto
City Manager's Summary Report
TO: HONORABLE CITY COUNCIL
FROM: . CITY MANAGER
DATE: OCTOBER 20,2008
REPORT TYPE: CONSENT
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR:404:08
SUBJECT: Adoption of a Resolution Summarily Vacating a Portion of the Laguna Oaks
Place Street Right--of-Way at 3740 Laguna Avenue
.'
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a portion of
the Laguna Oaks Place street right~of way at 3740 Laguna Drive, Palo Alto.
DISCUSSION
The owner of the property at 3740 Laguna Drive has requested that the City vacate an 11.50-foot
portion of the Laguna Oaks Place street right-of-way which runs 108 feet alonghis southwest
property line (see attached map). The area to. be vacated shows on the City parcel maps as part of
the street right-of-way; however, it is not improved as part of the street and contains mature
landscaping which has been in place for many years. The area·to be vacated has apparently never
been used for street purpos.es. Were it to be improved and used as such, it would result in the
roof line and exterior of the house at 3540 Laguna Drive being right next to the street with little
or no setback. Staffhas notified the City Utilities, Public Works and Planning departments of the
proposal to vacate the street right of way, and all concur with. the vacation. The 11.50-foot
portion of the right~of-way to be vacated is not necessary for any present or future use, and
therefore it may' be summarily vacated pursuant to California Streets and Highways Code
Section 8334 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,
has been paid by the owner.
CMR:404:03 Page 1 of2
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the 11.50~foot portion of the public right-of-way is in
conformity with the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the II.50-foot portion of the street right-of-way is
categorically exempt from the review under the California Envirorunental Quality Act (CEQA)
pursuantto Title·14 California Code of Regulations Se~tion 15305 as a minor alteration in land
use limitations.
PREPARED BY:
MARTHA MILLER
Senior Financial Analyst
DEPARTMENT HEAD APPROVAL:
Director, Administrative Services
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A: Summary Vacation Resolution
cc: property owner
CMR:404:08 Page2of2
TO CITY CLERK OFFICE FOR FILING
Please keep this original document on file indefinitely.
Date::e/o \lo:::J 1'2..' ~
Projects-tYe(..,,,\ tJoc.,'a"h on -...J 1"
APN: '~7":""7-()lJ)
R.E, Project #:CE:.-V 0'7 (60\
To: City Clerk
Copy to: Real Estate File _\¥I ______ _
Real Estate APN LogY
______ _
Public Works (when City Clerk File number is received) __ ,....-__
Public Works Engineering should add this information on the City's Block Book Maps
and GIS system
From: City Real Estate Department: Donna Hartman/Martha Miller
Attached is a Grant of Easement document which requires filing. The document was
Recorded with the County Recorder:
The above referenced document forwarded to the City Clerk's Office has been filed by the City
Clerk as ________ Number ______ _
By: __________________ _ Date: __________ _
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