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HomeMy WebLinkAboutRESO 8881Recorded at no charge 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: I ~ 1111111111111 III REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty' SPACE ABOVE LINE FOR RECORDER'S USE A.P. No.: 132-15-076 Fees ... . Taxes .. . Copi es .. AMT PAID Proj ect No. : Project: CEV 08/02 vacation of PUE 3180 Waverley St. SUMMARY VACATION RESOLUTION NO. 8881 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 3180 WAVERLEY STREET Pages: 8 * No Fees RDE l:t 001 11125/2008 9:49 AM 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 service easements; and WHEREAS, the City of Palo Al to acquired a public service easement (PUE) for utilities on the property located at 3180 Waverley Street as described and shown on the Grant of Easement for Utility Purposes recorded on May 6, 1952 in Book 2414 at page 261, records of Santa Clara County; 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Code authorizes the City Council to summarily vacate public service utility easements when the easement has been superceded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the public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 Exhibit A attached to this Resolution; and 1 WHEREAS, the City Council intends the public service easement for utilities, described in Exhibit "A", attached to depicted on the plat map attached as resolutioni and to summarily vacate as more particularly this resolution and Exhibit "B" to this WHEREAS, attached to this Resolution as Exhibit "C" is a copy of CMR No. ~3D:Og, dated ~OV. ~)~ODg, submitted by the City Manager to the City Council setting forth the reasons for the summary vacation of the utilities easement "Report"). NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council and, based upon the Report and all hereby adopts the Report other evidence submitted, makes the lowing findings: 1. The public utility easement at 3180 Waverley Street has been superceded by relocationi and 2. rrhe public utilities easement is not needed for present or prospective public facilit and 3. The require reservation easementi and public convenience of any portion of and necessity do the public util not ies 4. The public service easement for utili ties is not useful as a non-motorized transportation facilitYi and 5. The Council has considered the Palo Al to Comprehensive plan and ratifies the determination of the planning department that the vacation of the public utili ties easement is conformity with the Palo Alto Comprehensive Plan. SECTION 2. Based upon the findings made in 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 public utili 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 certified copy of this Resolution, including the Maps and the Report. SECTION 4. The easement for utili ties described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute a publ easement from and after the 2 date of recordation of the documents identi ed in Section 3 of this Resolution. The Council finds summary vacation of the publ c 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: Lu City Clerk ~ APPROVED: APPROVED: Director of Administrative Services 3 .Legal Description Utility Easement To Be Vacated Exhibit A All that certain parcel lying within the City of Palo Alto, County of Santa Clara, State of California" being a portion of that certain parcel described in Book 2414,Page 261, recorded May 6, 1952, Santa Clara County Records, said lands are shown on attached plat exhibit B and made a part hereof, described as follows: Beginning at the most Northerly comer of Lot 4 in Block 5 as shown on Tract No. 625, filed April 19, 1949, in Book 22 of Maps at page 39, Santa Clara County Records, . California; thence, along a prolongation of the Northeasterly line of said Lot 4, North 36°08'21" West, 4.06 feet to the intersection with a line bearing North 56° 42'00" East and appearing on said map as dividing the Lands of De Lege from Stanford University Villa Tract; thence along said dividing line, North 56° 42'00" East, • 22.06 feet; thence North 33° 18'00" West, 5.00 feet; thence South 56° 42'00" West, 19.52 feet; thence North 51 ° 30'00" West, 53.83 feet to a point on the Northwesterly line of the lands described in Deed Document No. 18543515, recorded August 26,2005, Santa Clara County Records, said point being distant South 38° 30' 00" West, 134.00 feet from the Southwesterly line of Waverly Street as shown on said Tract No. 625; thence along said Northwesterly line of Deed Doc. 18543515, South 38° 30' 00" West, 10.00 feet; thence, leaving last said line, South 51 ° 30'00" East, 43.81 feet; thence South 36°08'21':,East, 18.55 feetto the Northwesterly lipe of said Lot 4; thence along last said line North 38° 30' 00" East, 9.86 feet to the point of beginning. Containing 739 square feet, more or less. C:\Documents and Settlngs\mmiller\Local Settings\Temporary Internet Files\OLK120\2080366 LEGAL· VACATE EASEMENT. doc .' 35' _--+t ___ C:::.:E::::..;N:..:.;TERLlN . .=.E ____ _ 35' WAVERLY STREET (70') PARCEL A EXISTING UTILITY EASEMENT . I---,.---.---~ TO BE VACATED ~ ~ llJ!Jl o ~g <g© © lYb©l©~ ©©l~'iF w>W ~ @©l 'iF ~ ~ d.J &~L&.!~.E~~~! 2495 INDUSTRIAL PARKWAY WEST HAYWARD, CAUFORNIA 94545 (510) 887-4088 FAX (510) 887-3019 WWW.LEABRAZE.COM /l 1L1Q)'f 33 iFfR{A©'f INIlQ)o ~~i5 ~~ ~~, IP>@ 33{s) ~(Q)(C~ 5 o 20 40 80 I ,_.1 ! SCALE. 1"· 40' EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION PALO ALTO, CALIFORNIA SANTA CLARA COUNTY OCTOBER 2008 SCALE: 1 It = 4~t City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL FROM: CITY-MANAGER DATE: NOVEMBER 3, 2008 REPORT TYPE: CONSENT DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 430:08 SUBJECT: Adoption of a Resolution Summarily Vacating a Public Utilities Easement.at 3180 Waverley Street RECOMMENDATION Staff recommends that Council approve the attached Resolution summarily vacating a Public Utilities Easement (PUE) at 3180 Waverley Street, Palo Alto. DISCUSSION The owners of the property at 3180 Waverley Street have requested that the City vacate a PUE, which runs across the back section of their property (see attached map), so that they can build an accessory structure. The owners have paid the required fees to the Electric Utilities department to have an overhead electric line moved from within this PUE area and the line has now been removed, and no other utilities are located within this PUE. There are no longer any public facilities located within this easement, and it is no longer needed for utilities purposes. Staffhas 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 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. CMR:430:08 Pagelon 1 , , POLICY IMPLICATIONS The recommendation-does not represent any change ~o City policies. The Planning Department has determined·that the vacation of the PUE is in conformity with the Palo Alto Compreherisive Plan. 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. CMR:430:0S Page2of3 , , PREPARED BY: MARTHA MILLER Senior Financial Analyst DEPARTMENT HEAD APPROVAL: Director, Administrative Services CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Summary Vacation Resolution cc: property owners CMR:430:08 Page 3 of3 TO CITY CLERK OFFICE FOR FILING Please keep this original document on file indefinitely. To: City Clerk Copy to: Real Estate File ~ / Real Estate APN Lo-g:V;· ---------- 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: 7.e 6b63 \ 1, \ (date) as document number: l,()()SQ~\ 1.. \ P;~j~~t~ VeCl\hO-n-~fs~\)end ~t\~n6hiW8W\~~~te --------------- APN: l~Z-\ S-6/1o . The above referenced document forwarded to the City Clerk!s Office has been filed by the City Clerk as ________ Number _______ _ By: _______________________ _ Date: _________ _