HomeMy WebLinkAboutRESO 8880RECORDING REOUESTr---BY
FIRST AMERICAN Tr,
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, CA 94303
DOCUMENT: 20051007
III ~ IIII ~IIIIIIIIII ~
REGINA ALCOMENDRAS
Taxes.
Copies.
AMT PAID
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.: 132-05 101
Proj ect No. : CEV 08/01
Pages: 8
* No Fees
RDE # 011
11/21/2008
8:00 AM
Project: Vacation of PUE
3510 Murdoch Drive
SUMMARY VACATION
RESOLUTION NO. 8880
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A·10-FOOT PUBLIC SERVICE
EASEMENT FOR UTILITIES AT
3510 MURDOCH 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 s easementsi and
WHEREAS, the City of Palo Alto acquired a 10-foot
public service easement for utilities on the property
located at 3510 Murdoch Drive 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 vacatedi 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 easementi and
WHEREAS, the Ci ty Council intends
the 10-foot public service easement for
particularly described in Exhibit "A",
to summarily vacate
utilities, as more
attached to this
1
resolution and depicted on the plat map attached as Exhibit "B"
to this resolution; and
WHEREAS/ attached to thil f-esolution as Exhibit "CII is a
copy of CMR No. 4#lQ'·og/ dated II 3taDOS / submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of the 10-foot utilities easement "Reportll ).
NOW/ THEREFORE/ the City Council does hereby RESOLVE as
follows:
SECTION 1. The City Council
and/ based upon the Report and all
makes the following findings:
hereby adopts
other evidence
the Report
submitted/
1. The 10 foot public utilities easement has never been
used/ and no public facili es are located within the easement;
and
2. The public utilities easement is not needed for
present or prospective public facilities; and
3. The public convenience and necessity do
require reservation of any portion of the public utili
easement; and
not
es
4. The public service easement for utili ties is not
useful as a non-motorized transportation facility; and
5. The Council has considered the Palo Alto
Comprehensive Plan and rati the determination of the
planning department that the vacation of the 10-foot public
utilities 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 Ci ty Council does hereby order
that the 10-foot public utilities easement as shown on the
attached map(s) 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 certi ed copy of this Resolution,
including the Maps and the Report.
SECTION 4. The 10 foot easement for utilities described
in Exhibit "A" and depicted in the plat map attached as Exhibit
"B" will no longer consti tute a public easement from and after
the date of recordation of the documents identified in Section 3
2
of this Resolution.
SECTION 5. The Council finds that summary vacation of
the 10-foot public utilities easement is exempt from review
under the California Environmental Act pursuant to tIe 14
California Code of Regulations section 15305 as a minor
alteration in land use limitations.
INTRODUCED AND PASSED: November 03, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
MORTON, SCHMID, YEH
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
£:i9Yor (
APPROVED:
Services
3
, .
EXHIBIT" A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT TO BE VACATED
PARCEL A
All that certain real property situate in the City of Palo Alto, County of Santa Clara, State
of California, described as follows:
Portion of Lots 12, 13 and 14 in Block 4, Tract 581 as said Tract appears upon the map
filed in Book 31 of Maps, on pages 39, 40 and 41 in the office of the Recorder of Santa
Clara County, California and Being more particularly described as follows:
Beginning at a point on the southwesterly line of Murdoch Drive as said southwesterly
line appears upon the map of said Tract 581, from said point of beginning the common
corner of Lots 13 and 14 bears on and along said southwesterly line South 51 °31' East,
5.00 feet; thence along said southwesterly line South 51 Q31' East, 10 feet; thence South
38°29' West, 115.00 feet; thence South 51°31' East, 40.00 feet; thence South 38°29'
West, 1.00 feet; thence North 51°31' West, 50.00 feet; thence North 38°29' East, 116.00
feet to the Point of Beginning.
Containing an area of 1,200 square feet, more or less.
Parcel A is shown on attached map Exhibit "B" and made a part hereof.
End of description.
Description prepared by WEC and Associates, Inc.
, .
----.--------------------~----------------------------------.---------------.--------------.-._-------------------
30'
30'
MURDOCH
I
1 ~'
DRIVE (60' WIDE)
01 U' ---...... -----
REFERENCES
lnlln C'I , C'I
=:1 ~i ~i
LEGEND:
-------------------------------
---
12
--------
PROPERTY LINE
ORIGINAL PROPERTY LINE
CENTER LINE
ORIGINAL LOT NUMBER
TRACT 587, FILED IN BOOK 31 OF MAPS ON PAGES
39, 40 AND 41, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA
30'
30'
15
4
LINE TABLE
LINE BEARING DISTANCE
L1 S51'31'OO"E 10.00'
L2 S38'29'00"W 115.00'
L3 S51*31'OO"E 40.00'
L4 S38'29'00"W 1.00'
L5 N51'31'00''W 50.00'
L6 N38'29'00"E 116.00'
City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY-MANAGER
DATE: NOVEMBER 3,2008
REPORT TYPE: CONSENT
DEJ,lARTMENT: ADMINISTRATIVE
SERVICES
CMR: 429:08
SUBJECT: Adoption of a Resolution Summarily Vacating a 10-foot Public Utilities
Easement at 3510 Murdoch Drive
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a Public
Utilities Easement (PUB) at 3510 Murdoch Drive, Palo Alto.
DISCUSSION
The owners of the property at 3510 Murdoch Drive have requested that the City vacate a 10-foot
PUE which runs along the westerly property line (see attached map). The owners are' selling this
property and the prospective buyers intend to remodel and possibly expand the home on this
property. They wish to avoid any limitations due to the easement which has never been used.
There are no public facilities located within this easement, and it has 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 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, as set forth in the Municipal Fee Schedule, has
been paid by the owners.
POLICY IMPLICATIONS .
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the to-foot PUB is in conformity with the Palo Alto
Comprehensive Plan.
CMR:429:08 Page 1 of3
ENVIRONMENTAL REVIEW
The proposed summary vacation of the 10-foot 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.
CMR:429:08 Page2of3
"
PREPARED BY:
MARTHA MILLER
Senior Financial Analyst
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
ATIACHMENTS
Attachment A: Summary Vacation Resolution
cc: property owners
CMR:429:08 Page 3 of3
TO CITY CLERK OFFICE FOR FILING
Please keep this original document on file indefinitely.
Date::"l/3 \ fro
Project: \/ '8 C~ 6 n O~ l' \.) tS:--
APN: 1'b'2-6'3-0C\ 0
R. E. Project #:C£; V CJI lOS
To: City Clerk
Copy to: Real Estate File -¥t/ ______ _
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
The above referenced document forwarded to the City Clerk's Office has been filed by the City
Clerk as ________ Number ______ __
8y: _______________________ _ Date: ___________ _