HomeMy WebLinkAboutRESO 8544Recorded at no charge in
accordance with Streets &
Highways Code Sec~ion 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: 18~~~305
1111111111 "'" "" I
BRENDA DAVIS
SANTA CLARA COUNTY
Recorded at the request of
County Agency
Pages: 7
Fees" * No Fees
Taxes,
Copies, ,
AMT PAID
RDE ij 002
3/09/2006
9:42 AM
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.:
Project No.:
Project:
003-14-064
CEV 11/14-04/6
Vacation of Public
Utility Easement at
1741 Edgewood Drive
SUMMARY VACATION
RESOLUTION NO. 8544
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A TEN-FOOT WIDE PUBLIC
UTILITY EASEMENT AT 1741 EDGEWOOD DRIVE
WHEREAS, Chapter 4 of the Public Streets,
Service Easements Vacation Law, commencing with
Highways Code section 8330, provides for summary
streets and public services easements; and
Highways and
Streets and
vacation of
WHEREAS, On February 27, 1950, the City of Palo Alto
acquired a ten-foot Public Utility Easement on the property at 1741
Edgewood Drive as shown on Tract No. 712, recorded in Book 26 of
Maps at page 32 in the Office of the Santa Clara County Recorder;
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utility easements when the easement has been superceded by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
ten-foot Public Utility Easement received for Public Utilities as
more particu described in Exhibi t "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. 311:05, dated July 11, 2005, submitted by the City
Manager to the City Council setting forth the reasons for the
050223 sm 01 00342 1
"
summary vacation of the ten-foot Public Utility 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 ten-foot Public Utility Easement on 1741
Edgewood Drive has been superceded by relocation as it has been
abandoned and services moved to the Edgewood Drive right-of-waYi
and
2. No public facilities are located within the ten-foot
Public Utility Easement; and
3. The ten-foot Public Utility Easement is not needed
for present or prospective public facilities; and
4. The public convenience and necessity does not
require reservation of any portion of the ten-foot Public Utility
Easement; and
5. The ten-foot Public Utility Easement to be vacated
is not useful as a non-motorized transportation facility; and
6. The Counci 1 has considered the Palo Al to
Comprehensive Plan and ratifies the determination of the planning
department that the vacation of the la-foot Public Uti ty 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 10-
foot street right-of-way as shown on the Map 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
Map and the Report.
SECTION 4. The ten-foot right-of-way for street purposes
described in Exhibit "An and depicted in the plat map attached as
Exhibit "B" will no longer constitute a public utility easement
from and after the date of recordation of the documents identified
in Section 3 of this Resolution.
II
050223 sm 0100342 2
SECTION 5. The Council finds that summary vacation of the
la-foot Public Utility 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:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
c~p·EfF~
APPROVED AS TO FORM: ~k{?
Senior Asst. City Attorney
Services
050223 sm 0100342 3
t. ,
Dat~:
APN:
Address:
Title Report:
April 4, 2005
003-14-064
1741 Edgewood Drive
Old Republic Title Co. FTY 3222455
Legal Description
Abandoned Public Utility Easement
Abandoned Pubic Utility Easement:
A portion of real property situated in the City of Palo Alto, County of Santa Clara, State of California,
described as follows:
Portion of Lot 9 in Block 184, as designated and so delineated upon that certain map entitled, 'Tract
No. 712 Crescent Park Addition Map No.2, City of Palo Alto, Santa Clara County, California", said
map having been filed for record in the office of the Recorder of the County of Santa Clara. State of
California, on February 27,1950 in the Book 26 of Maps, at Page 32, and being more particularly
described as follows:
Commencing at the set monument at the centerline of Edgewood Drive and being the most Easterly
set monument shown on the aforementioned map; Thence North 27 degrees 53 minutes East 31.04
feet to the most Southerly corner of Lot 9 in Block 184, said corner being the TRUE POINT OF
BEGINI\JING; Thence along the Easterly boundary of Lot 9, North 27 degrees 53 minutes East 140.00
feet; Thence departing from the Easterly boundary of Lot 9, North 80 degrees 52 minutes 25 seconds
West 10.56 feet; Thence, parallel to the Easterly boundary of Lot 9, South 27 degrees 53 minutes
West 139.26' to a· point on the Southerly boundary of Lot 9; Thence from said point and along the
Southerly boundary of Lot 9 South 77 degrees 00 minutes East 10.35 feet to the TRUE POINT OF
BEGINNING.
Said Abandoned Public Utility Easement contains 1,396.31 square feet more or less.
END OF PROPERTY DESCRIPTION
EXHIBIT "A"
Abandoned PllblicJ.Jtility ~asement is shown on the attached map Exhibit "B".
Requested By:
Checked By:
Approved By:
Prepared By: 4~
Date
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, PUBLIC UTILITY EASEMENT ABANDONMENT
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(to be malnt-ained)
EXHIBITC
TO: HONORABLE CITY COUNCIL 5
FROM: CITY MANAGER
DATE: JULY 11,2005
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 311:05
SUBJECT: 1741 EDGEWOOD DRIVE -SUMMARY VACATION OF PUBLIC
UTILITY EASEMENT
RECOMMENDATION
Staff recommends that Council approve the attached Resolution Summarily Vacating a 10-foot
public service easement for utilities located at 1741 Edgewood Drive.
DISCUSSION
The property owners have requested that the City vacate the 10-foot wide public utility easement
(PUE) for overhead electric facilities located on the east side of their property at 1741 Edgewood
Drive. The owners have merged the two lots through a Certificate of Compliance and plan to
redevelop the site with a new single-family residence. The overhead utilities have been relocated
in Edgewood Drive as part of the Underground 40 Utility District project and there are no other
public facilities located within the easement. Staff has notified the City Utilities, Public Works
and Planning departments of the proposal to vacate the PUE, and all concur with the vacation.
The PUE would not be useful as a non-motorized transportation facility due to its limited use and
size. This side yard 10-foot PUE is also not necessary for any present or future use, 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 $1,200, as set forth in the Municipal Fee Schedule, has
been paid by the property owners.
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:311:05 Page 1 of2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the la-foot PUE is categorically exempt from the review
under the California Environmental Quality Act (CEQ A) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
PREPARED BY: (;~' JAMES KIEHL
i Public Works Surveyor
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A: Summary Vacation
Attachment B: Location Map
cc: Property Owner, 1741 Edgewood Drive
CMR:311:05
Direct ,Administrative Services
EMIL Y HARRISON
Assistant City Manager
Page 2 of2