HomeMy WebLinkAboutRESO 8872Recorded 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: 20042755
IIIII IIIIIII
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
Fees ... .
Taxes .. .
Cop i es ..
AMT PAID
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.: 132-05-098
Proj ect No.: CEV 07/05
Pages:
* No Fees
RDE fI 014
11/12/2008
2: 15 PM
Project: Vacation of PUE -
3480 Murdoch Court
SUMMARY VACATION
RESOLUTION NO. 8872
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A 10-FOOT PUBLIC
UTILITIES EASEMENT AT
3480 MURDOCH COURT
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 acquired a 10-foot
public service easement for utilities on the property
located at 3480 Murdoch Court as shown on the Map of Tract
No. 587 recorded in Book 31 of Maps at page 39, records of
Santa Clara County; and
WHEREAS, this 10-foot public service
utili ties has never been used and there are no
facilities within the easement to be vacated; and
easement for
other public
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utilities easements which have never been used, and there are no
public facilities located within the easement; and
WHEREAS, the City Council intends to summarily vacate
the 10-foot public service easement for utilities, as more
particularly described in Exhibit \\ A" , attached to this
1
7
resolution and depicted on the plat map attached as Exhibit "8"
to this resolution;
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. l.tQ5:0€, dated IOln.ol~OOg, submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of the 10-foot utilities easement "Report").
rna
NOW, THEREFORE, the City
lows:
SECTION 1.
based upon
s the following
The City
Report
findings:
Council
and I
I does hereby RESOLVE as
hereby adopts
other evidence
the Report
submitted,
1. The easement has not been used for the purpose for
which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation. The 10 foot public
utilities easement has never been used, and no public facilities
are located within the easement;
2. public utili t
sent or prospective public facil
easement is not needed for
ies; and
3. The public convenience and necessity do not
re reservation of any portion of the publ utilities
easement; and
4. The public service easement for I ies is not
useful as a non-motorized transportation facility; and
5. Council has considered Palo Alto
Comprehensive an
anning department
utilities easement
Comprehensive an.
and rati es the determination of the
that the vacation of the 10-foot public
is in con ty with the Palo Al to
SECTION 2. Based upon findings made Section 1 of
this Resolution and the provi ons of Section 8333 of the
Streets and Highways Code, the City Council does hereby order
that the 10-foot public utilit easement as shown on the
attached map(s) I be and hereby is summarily vacated.
SECTION 3. The City CI
Real Property manager, is hereby
Clara County Records a certi
including the Maps and the Report.
acting by
directed to
copy of
and through the
at Santa
this Resolution,
SECTION 4. The 10-foot easement for util ies described
in Exhibit "A" and depicted in plat map attached as Exhibit
2
\\B" will no longer constitute a public easement from and a
the of recordation the documents identi ed in Section 3
of this Resolution.
SECTION 5. The Council finds summary vacation of
the 10 foot public utilit s easement is exempt from ew
under California Environmental Act pursuant to Title 14
Cali Code of Regulations section 15305 as a minor
alteration in land use 1 ations.
INTRODUCED AND PASSED: October 20, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN
MORTON, SCHMID, YEH
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
3
• ~: • .:> ... :
EXHIBIT A
LEGAL DESCRIPTION
Easement Vacation
The land referred to herein is situated in the State of California, County of
Santa Clara, City of Palo Alto, described as follows:
Beginning on the southeast line of Murdoch Court at a common corner of Lots 11·
and 12 as shown on the Map of Tract No. 587 recorded in Book 31 of Maps at page
39 and 40; thence South 38 D~grees 29 Minutes 00 Seconds West a distance of
17.54 feet to the beginning of a 80.00 foot tangent curve, concave to the
Northwest; thence Southwesterly, along said curve, through a central angle of 15
Degrees 29 Minutes 26 Seconds an arc distance of 21.63 feet to the True Point of
Beginning of this description;
thence non-tangent to said curve, South 23 Degrees 54 Minutes 01 Seconds East a
distance of 130.76 feet; thence South 38 Degrees 29 Minutes 00 Seconds West a
distance of 11.29 feet; thence North 23 Degrees 54, Minutes 01 Seconds West a
distance of 134.50 feet to the beginning of a 80.00 foot non-tangent. curve,
concave to the Northwest, a radial to said beginning bears South 28 Degrees 46
Minutes 47 Seconds 'East; thence Northeasterly, along said curve', through a
central angle of 07 Degrees 14 Minutes 47 Seconds an arc distance of 10.12 feet
'to the True Point of Beginning of this description.
Containing 1,325 square feet, more or less.
Said lands are shown on attached plat exhibit B and made a part here of.
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,-EXHI81r'S -, PLA'T, ro'" ACCOMPANY lEGAL .DE'SCKIPrIIJN
t.. OCA T JON: 3480 MU R Doell cr., PALO Ai. rl), CA
OAT£. :
, ,-/(, -08 WESTFAL'L ENGINEERS, INC.
-:rOB NO: 14583 BIG BASIN WAY
20 cS"067 SARATOGA, CA
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I
City of Palo Alto
City Manager's Summary·Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: OCTOBER 20, 2008
REPORT TYJ>E: CONSENT
DE~ARTMENT: ADMINISTRATIVE
SERVICES
CMR: 405:08
SUBJECT: Adoption of a ·Resolution Summarily Vacating a 10-foot Public Utilities
Easement at 3480 Murdoch Court
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a Public
Utilities Easement (PUB) at 3480 Murdoch Court, Palo Alto.
DISCUSSION
The owner of the property at 3480 Murdoch Court has requested that the Ciiy vacate a 10-foot
PUE which runs along his southwest property line (see attached map). Th~ owner plans to
redevelop his property, and wishes to avoid any limitations due to the easement. There are no
public facilities located within this easement, and it has apparently never been used for utilities
purposes. Staff has notified AT&T (formerly SBC Communications), the City Utilities, Public
Works and Planning Departments of the proposal to vacate the PUE and all concur with the
vacation. Therefore, the 10·foot PUE to be vacated is not necessary for ~y 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,
has been paid by the owner.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the 10-foot PUE is in conformity with the Palo Alto
Comprehensive Plan.
CMR:40S:08 Page 1 of2
>j. ,
ENVIRONMENTAL REVIEW
The proposed summary vacation of the 10-foot PUBis categorically exemp~ from review under
the California Environnienta:l Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 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:
AMESrrnF£)
City Manager
I
AITACHMENTS
Attachment A: Summary Vaqation Resolution
.. cc: property owner
CMR:40S:0S Pagc2of2
'.
TO CITY CLERK OFFICE FOR FlUNG
Please keep this original document on file indefinitely.
Date::1/3 \/a::'1
Project\/ OC,G\ \<lh O,fl>l)G-35\ 0 ffillKicsch
APN: T3? ~\ G \ "'Dr-
R.E. ProJecT#:-\:bV 08/0\ -\ V1(.,
To: City Clerk
Copy to: Real Estate File _\"'1 ______ _
Real Estate APN Log • _______ _
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:
on: n hi /ZQo8
(date)/
as document number: 1005 \ 0 07
~;~j~~t~ V~a.+\Oh -Of~t)E~ ~;g\6iS~~orC18e,~s1)r-\ \Ie --------
APN: l'3L-OlQ-\(J ,
The above referenced document forwarded to the City Clerk's Office has been filed by the City
Clerk as _________ Number _______ _
8y: ______________ _ Date: _________ _