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Home My WebLink AboutRESO 8601DOCUMENT: 19395395 Pages: 11 II II II II Fees .. , Taxes, ' , Cop i es, , AMT PAID '" No Fees R8corded at no charge in accordance with Streets & Highways Code Section 8325 at the request of and when recorded return to: REGINA ALCOMENDRAS CITY OF PALO ALTO/REAL ESTATE 250 Hamilton Avenue SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty P.O. BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER'S USE A.P. NO.1 3-14-72, 3-14-66, 3-15-13, 3-15-7, 3-15-1 3-14-71, 3-14-65, 3-15-12, 3-15-6, 3-17-77, 3-17-76 Project No.: EV OS/21 3-14-70, 3-14-64, 3-15-11, 3-15-5, 3-14-69, 3-14-68, 3-15-10, 3-15-9, 3-15-4, 3-15-3, RDE I:t 010 4/2312007 8:48 AM 3-14-67, 3-15-8, 3-15-2, Project: Vacation of various Public Utility Easements along San Francisco Creek on the rear portion of and between certain parcels located at1629, 1643, 1657, 1673, 1687, 1699, 1701, 1721, 1741,1761, 1795, 1803, 1813, 1823,' 1833, 1843, 1853, 1863"lS73, 1883, 1893, 1905,1921 and 1939 Edgewood Drive. ~ SUMMARY VACATION RESOLUTION NO. 8601 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING VARIOUS PUBLIC UTILITY EASEMENTS USED FOR OVERHEAD ELECTRIC TRANSMISSION LINES LOCATED ON 1629 TO 1939 EDGEWOOD DRIVE WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, (the \\Law") commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and public services easements; and WHEREAS, pursuant to section 8306 of the Law, public utility easements ("PUEs") for electrical transmission lines are public service easements and may be summarily vacated; and WHEREAS, Section 8316 of the Law provides that multiple public service easements may be included and vacated in the same proceeding; and WHEREAS, On April 29, 1949 (Tract 629), and February 27, 1950 (Tract 668) and February 27, 1950 (Tract 712) and December 16, 1955 (Tract 1641), Santa Clara County approved Tract Maps 629, 668, 712 and 1641 including PUEs of varying width along San Francisquito Creek and between certain parcels on the properties designated as 1629, 1643, 1657, 1673, 1687, 1699, 1701, 1721, 1741,1761, 1795, 1803, 1813, 1823, 1833, 1843, 1853, 1863, 1873, Page 1 of 3 1883, 1893, 1905, 1921 and 1939 Edgewood Drive. Acceptance of the PUEs was recorded: on Tract No. 629, in Book 22 pages 46 and 47; Tract 668, in Book 26 page 33; Tract No. 712, in Book 26 page 32; and Tract No. 1641, in Book 66 pages 10 and 11, in the Office of the Santa Clara County Recorder;and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to sununarily vacate public service easements when the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to sununarily vacate the above referenced PUE's as more particularly described in Exhibit "A" attached to this resolution and depicted on the plat maps attached as Exhibits "B", "C", "D" and "E" to this resolution; and WHEREAS, attached to this Resolution as Exhibit "F" is a copy of CMR No. 203:06, dated May 1, 2006, submitted by the City Manager to the City Council setting forth the reasons for the summary vacation of the various PUEs for overhead electric transmission lines on Tracts 629, 668, 712 and 1641 ( 1629 to 1939 Edgewood Drive) ("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 subj ect PUEs as described and shown in the attached Exhibits A, B, C, D, and E have been superseded by relocation as they have been abandoned and services moved to the Edgewood Drive right-of-way; and 2. No other public facilities are located within the subject PUEs that would be affected by a sununary vacation; and 3. The subject PUEs are not needed for present or prospective public utility facilities; and 4. The public convenience and necessity does not require reservation of any portion of the subject PUEs; and 5. The subject PUEs to be vacated are not useful as a non-motorized transportation facility; and 6. The Council has considered the Palo Alto Comprehensive Plan and ratifies the determination of the planning Department that the vacation of the subject PUEs 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 subject PUEs as described in Exhibit "A" and shown on the maps attached as Page 2 of3 Exhibits "B", "C", "D" and "E" shall be and hereby are 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 PUEs described in Exhibit "A" and depicted in the plat map attached as Exhibits "B", "C", "D" and "E" 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. SECTION 5. The Council finds that summary vacation of the subject PUEs 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: May 1, 2006 AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR NOES: ABSENT: ABSTENTIONS: APPROVED: APPROVED AS TO FORM: Senior Asst. City Attorney Page 3 of3 ttl.J!, ----Ii.;;' -iiil' -{J.N~ tl.(.. Jr' IJ.'" 8 3 \:. '", " 12 13 14 15 ... .., • t:i dJ.,LIN ts'J.I'ZA ... .., '" ... ~ 0.11 IJ.ct1 II. IN} I'. (JO .~ PORTION OF TRACT MAP 629 BOOK 22 OF MAPS PAGES 46 AND 47, APRIL 29, 1949 d Description for Abandonment of Public Utility Easement along San Francisquito Creek along the rear portion of property along Edgewood Drive All that real property in the City of Palo Alto, County of Santa Clara, and State of California described as follows: The most easterly 'PUE' adjacent to San Francisquito Creek as shown on Block 188, lots 1,2,3, 4,5,6,7,8,9 and 10 of the Tract Map No. 629 entitled 'CRESENTPARK ADDITION', recorded on April 29, 1949 in the County Recorders office in book 22 of maps pages 46 and 47. Including the: 5 ft PUE shown on the southerly line of said lot 2, and lot 8 5 ft PUE shown on the northerly line of said lot 3, and lot 9 The most northeasterly 'Public Utilities Easement' adjacent to San Francisquito Creek as shown on Block 184, lots 1,2,3,4,5,6, 7, 8, and 9 ofthe Tract Map No. 712 entitled 'CRESENT PARK ADDITION, MAP NO.2', recorded on February 27,1950, in the County Recorders office in book 26 of maps page 32. (N ote: Lot 9 of block 184 already vacated PUE along southeasterly line of said lands, Assessors parcel number 003-14-164 per Resolution 8544. Including the: 5 ft anchor easement on the southerly line of said lot 1 and 5 ft PUE shown on the southerly line of said lot 4 and 5 ft PUE shown on the northerly line of said lot 5. The most northerly 'Public Utilities Easement' adjacent to San Francisquito Creek as shown on Block 188, lot 11 of the Tract Map No. 668 entitled 'CRESENT PARK ANNEX', recorded on February 27, 1950, in the County Recorders office in book 26 of maps page 33. Including the: 5 ft PUE shown on the easterly line of said lot 11 and The most northwesterly 'Public Utilities Easement' adjacent to San Francisquito Creek as shown on Block 3, lots 21 and 22 as shown of the Tract Map No. 1641 entitled 'EDGEWOOD', recorded on December 16, 1955, in the County Recorders office in book 66 of maps pages 10 and 11. Including the: 10ft PUE shown on the northeasterly line of Lot 22 and 5 ft PUE shown on the westerly line of lot 22. Said Public Utility Easement being abandoned is shown on attached exhibits B, C, D and E and made a part herein. Said Public Utility Easement area is not calculated. Easement to Santa Clara County Flood Control and Water Conservation District per Book 4756 Page 569, of official record in Santa Clara County, to be maintained. Approved by: James Kiehl ____ _ No Title Reports: END OF DESCRIPTION EXHIBIT A ;;> , 1..0 .' ~ \ I PUBLIC UTILITY EASEMENT TO BE ABANDONED RESC£NT PARK MAP NO. 4 BLOCK NO.6 , /1'l~U 0/ !~ Cd)' -1/), /hllJ I hl1 I'i:" ~.xam/ '/)' Ib~ rcme tlf Ih~ II! law hOYt! .6t!t!1'l CoA'Hl:l~,"/ .I'Ma' final map /1' o POR T/ON OF lor 5 ,l' GRlER PARTITION l~' PORTION OF TRACT 712 BOOK 26 PAGE 32 FEBRUARY 27, 1950 TRACT NO.7\2 ~fRESCENT PARK ADDITIO e,ERif"' MAP NO.2-EXHIBITC BAY S H 0 R E ___ ----~~~~--T PUBLIC UTILITY EASEMENT' TO BE ABANDONED I OF SAN M.A.r;:O <:! ."\> ...... (""\ \ SCALE ,"'" &0' PORTION OF TRACT 1641 ·7.:.... 0 .~~. "l:) ~.\\ ~ 'j- BOOK 66 OF MAPS PAGES 10 AND 11, DECEMBER 16,1955 TRACT NO. 1641 6()()rJ 6(). 00 f Ai cl'/5 188 GREER Ja 00' BI.-OCK faa 6c9, CIlt;SCE'NT PARK ADD/nON PUBLIC UTILITY EASEMENT TO BE ABANDONED o w 1\ E Q 5 C E 12 1/ F' / CAr 5' I i r A~ lJ~reby ce-flf-y fhiff We! ~rG I-Ae QiVl'lt:::r.s of orh~vt" ,J'om(! I"'i"hf' rlr It!-0 r In f-e. r c: '-~ I-t'n II rr,;l f' 0 f-he-r-e.a I pro p <: rf'/ t'f"lcIZed .... /I-h/n f-'he-J rSutui/v'.)'on .shown I..Ipon fIlls m.V~ /ontl f-hllf. w., A,-e· h~.()nly pl!l"',sons w/}o<s(! con.se.nl-/.s nt::ae.s,slilryi·c?"s.r # c/~l!Il"'fl.,..11!!. r() .'nudf't'0f'e.rfy,AI'l~ T'1':'1tt: we con <sen! fo "the mpK,!J9 of Q~/d m~? II 17 A" QVb,;;f1 ~t r$'lon PI t5 oAo wr; WI'#,' ¥I<,,1-,run I-he for-der Itn~.s And /fe,-le.by ..I~d,c",fi! f-ojlv61lc vSt! £df~ wooA' , Orlve IInA" rh,!*pal"'l-lon at Greer I..An6~" tShown I..Ipon S{JlltrlmJ'4f' )'Inl-I"n uP, I'" ut..II!n:h VI /0'1 on. . " We ,,'1100 her'~61 ,;:I(!tlIC~I-e. for f'ubl;'c vue! e~.semenf.-tS tor PublIC uf-,//f Ie-<f u/7de-1'" Jon, or:r;; V~, r'fh O<J'I! cer -I-(t!./n <J'';'''r1P<J' p f IF/nd IVltlt ber:wr!<!f7 f'lu: rt'.Ar,. Iln~.s ."nat/or: <{,dl!!./If,e,s of-lof..sl'lnr{ I-he. /u7eo e#lch. '.Ie.sl'ln~ -,f..eA" ~.f!(..I/;I/~,!':;//I'/Lle.f EAcS 6 rrf.-n+-LInG A.J<J'hown otl:y(A,t:lm"J:fwI'AA~ If] .sA/ttl .svtullvlcSlon. ~~---~--__ ml_~ _____ M_~ PORTION OF TAACT MAP 668 BOOK 26 OF MAPS PAGE 33 . , FEBRUARY 27, 1950 AHE12ICAN or:; CUR / r IE r5 COM OAN Y; II co,7' 01'"11 I-io·,?,,(u fl'"f.lcS fe.e r..e A C"-NO. C 2 R r I F/ C,A TEO FEN (j / NEe I; 6eo: tS. Nolfe J r~e reb'y ce 1""7// J fhl! / Enf/ae.er () I-fhe sl-"al-c of C a I;torrl/a , t I hi' 'I / tn! 0 Olle s e:e.T/ correCi 1 repreue cle,r my sUferviu/oll .:Iurlllj fh~ mof"l lin svrvtJx 1st-rue Clnd om//e.fe. ClS mon ume,Ii'fs fhereof"l ae, valr, ex/'sf- correci-Iy u,4oWIlJ <11011 1:J.;l{f saltlmon fo ena6/e l'~t$ 5,,;,-: e: ,-, J.! .-,,/-rtilcea r CE.2 7IF/C,A. T OF Ci TV ENG/N F • N , I TO: HONORABLE CITY COUNCIL 3 FROM: CITY MANAGER DATE: MAY 1, 2006 DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 203:06 SUBJECT: EDGEWOOD DRIVE -SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS RECOMMENDATION Staff recommends that Council approve the attached Resolution Summarily Vacating public service easements for utilities (PUEs) located at various addresses on Edgewood Drive. The subject properties and PUEs to be vacated are shown in the exhibits attached to the resolution. DISCUSSION As a follow up to the Underground 40 Utility District project, the PUEs used for overhead electric facilities located on the subject properties along Edgewood Drive are proposed to be vacated. The overhead utilities formerly located in the easements running along the rear and the sides of the subject properties on Edgewood Drive have been relocated under the street right-of- way as part of the Underground 40 Utility District project. There are no other public facilities located within the easement. Staff has notified the Utilities, Public Works and Planning departments of the proposal to vacate the PUEs and all concur with the vacation. The PUEs are not necessary for any present or future City use; they may therefore be summarily vacated in accordance with Section 8333 (c) of the California Streets and Highways Code. RESOURCE IMPACT The easement vacation-processing fee of $1,200 was charged to the Underground 40 Utility District Project. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has determined that the vacation of the subject PUEs is in conformity with the Palo Alto Comprehensive Plan. ENVIRONMENTAL REVIEW The proposed summary vacation of the subject PUEs 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. CMR: 203:06 Page 10f2 PREPARED BY: DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Summary Vacation Attachment B: Location Map cc: Property Owners along Edgewood Drive CMR: 203:06 Assistant City Manager Page 2 of2