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Home My WebLink AboutRESO 9009Recorded at no charge in accordance with Streets & Highways Code Section 8325 at the request of and when recorded return to: ~lil\D \}j~D N\~V\I\ FbIL ~~ <\1e~~~ CITY OF PALO ALTO/REAL ESTATE 250 Hamilton Avenue P.O. BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER'S USE A.P. No.: Proj ect No. : Project: 137-28-049 CEV 07/05 Vacation of PUE - 680 Georgia Avenue SUMMARY VACATJ:ON RESOLUTION NO. 9009 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A 4-FOOT STRIP OF A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 680 GEORGIA AVENUE 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 easementsi and WHEREAS/ the City of Palo Alto acquired a 10-foot' public service easement for utilities on the property located at 680 Georgia Avenue as shown on the Map of Tract No. 948/ Green Acres No. 2./ recorded in Book 36 of Maps at page 54/ recor.ds of Santa Clara CountYi and WHEREAS, this northern 4-foot strip of the public service easement for utilities has never been used and there are no other public facilities wi thin the easement to be vacated; and 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 1 WHEREAS, the City Council intends to summarily vacate the 4-foot strip of the public service easement for utilities, as more particularly described in Exhibit "A", attached to this resolution and depicted on the plat map attached as Exhibit "B" to this resolution; and WHEREAS, attached to this Resolution as Exhibit "C" is a copy of CMR No. 450:0~ dated 12/7/2009 , submitted by the City Manager to the City Council setting forth the reasons for the summary vacation of the 4-foot strip utilities easement \\ Report ") . NOW, THEREFORE, the City Council does hereby RESOLVE as follows: 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 4-foot strip of public utilities easement has never been used, and no public facilities are located wi thin this portion of the easement; arid 2. This portion of the public utilities easement is not needed for present or prospective public facilities and as such has been determined to be excess; and 3 . required the easement; and The public convenience andnecessi ty have only remaining 6-foot strip of the public utilities 4. The public service easement for utilities is not useful as a non-motorized transportation facility; 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 4-foot strip of the 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 City Council does hereby order that the 4-foot strip of the 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 certified copy of this Resolution, including the Maps and the Report. 2 <_'~ ·.t·;;.,.·,.~ -\_~.. • --·-r.·· -:--:--.-, SECTION 4. The 4-foot strip of easement for utilities described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute a public service easement 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 4-foot strip of the public utilities 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: December 07, 2009 AYES: NOES: ABSENT: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON, SCHMID, YEH ABSTENTIONS: ATTEST: APPROVED: Mayor APPROVED: 3 EXHIBIT A Prepared by: Jeffrey M. Bamea Date: August 17; 2009 LEGAL DESCRIPTION of APN: 137-28-049 Palo Alto Address: 680 Georgia Ave. UTILITY EASEMENT PORTION TO BE VACATED L~ A four foot wide strip ofland lying within the City of Palo Alto, Santa Clara County, State of California, being within Lot 122 as depicted upon the map entitled "Tract No. 948 Green Acres No.2 ... " filed in Book 36 of Maps at Page 54, Santa Clara County Records. Said strip of land is depicted upon the attached Exhibit "B" plat, and being more particularly described as follows: _ BEGINNING at a point that is North 12 '29' 30" West, 6.45 feet along the southwesterly line of Georgia Avenue (60 feet wide) from the southe'ast comer of said Lot 122 of the "Tract No. 948 Green Acres No.2 ... " subdivision map filed ih said Book 36 of Maps at Page 54, Santa Clara County Records; thence parallel with the southerly line of said Lot 122, N 81· 00' 50n . West, 112.83 feet to-a point on the southeasterly projection of the ,easterly line of the existing 10 foot wide Public Utility Easement (P.U.E. ) running along the west line of Lot 122 as shown upon said "Tract No. 948 ... "; thence North 12" 29' 30" West, 4,30 feet to the hinge point comer of said 10 foot wide P.U,E. per "Tract No. 948 ... "; thence alongthe'nortberly line of the said 10 foot wide P.U.E" South 81· 00' 50" East, 112.83 feet to the said ~uthwesterly line of Georgia , Avenue; thence along said line of Georgia Avenue, South 12' 29' 30" East, 4.30 feet to the ' POINT OF BEGINNING. - Said 4 foot wide strip ofland containPig 451.3 square feet ofland, more or less. , PAGE 1 of 2 . . ~.' . e:; ~ C')g -18 ~ o<Su '" .,... ~~ ~ I-~ ~:; -C~ • Qi C:;:;c.'O 2:: -a ...... Exlstlnp-10' wide jE:.-----.l,--P.U.E. s shown per 36 Maps 54 451.3 s.t Portion of existing Publio utility Easement to be vacated APN: 137-28-049 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION Page 2 of 2 LEGEND ( ) Indloates /VIoord,lnformafitm per 36 Maps 54. , P.U.E. Public'utillty Easement. P.O.B Point of Beginning. C / L Centerline. s.t Square footage. 30' I 30' -I "-(.) "', .;., ... ',,", .. ' EXHIBIT C TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: December 7, 2009 DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 450:09 SUBJECT: Adoption of a Resolution Summarily Vacating a 4-Foot Wide Strip of a Public Utilities Easement at 680 Georgia Avenue RECOMMENDATION Staff recommends that Council approve the attached Resolution Summarily Vacating a 4 .. foot wide strip of a Public Utilities Easement (PUE) at 680 Georgia Avenue, Palo Alto .. DISCUSSION The owner of the property at 680 Georgia Avenue has requested that the City vacate a 4-foot wide strip of an original 10-foot wide PUE which runs along his southern property line (see attached map). The owner plans to redevelop his'property, and wishes to avoid any limitations due to the easement. There are no public facilities located within this portion of the easement, and it is not· intended to be used for any current or future utilities purposes. Staff has notified AT&T (f01merly SBC Communications), the City Utilities, Public Works and Planning Departments of the proposal to vacate the 4 .. foot wide strip of PUE and all concur with the vacation. Therefore, the 4-foot wide strip of PUE to be vacaied 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. BESOURCEIMPACT The easement vacation processi~g fee of $1,335.00, 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 4-foot wide strip of PUE is in conformity with the Palo Alto Comprehensive Plan. CMR:4S0:09 Page 1 of2 ·: .-!; .... - ENVIRONMENTAL REVIEW The proposed summary vacation of the 4-foot strip ofPUE is categorically exempt from the review under the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Section 15305 as minor alteration in land use limitations. PREPARED BY: DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Summary Vacation Resolution Attachment B: Site Map cc: property owner CMR:450:09 Page 2 of2