The URL can be used to link to this page

Home My WebLink AboutRESO 8642DOCUMENT: 19375409 Pages: 13 Fees ... . * No Fees Taxes .. . Recorded at no charge in accordance with Streets & Highways Code Section 8325 at the request of and when recorded return to: ~ U""~ ~I" ~II ~ Cop i es. ___ _ CITY OF PALO ALTO/REAL ESTATE 250 Hamilton Avenue P.O. BOX 10250 PALO ALTO, CA 94303 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty AMT PAID ROE # 010 4/09/2007 2: 18 PM SPACE ABOVE.LINE FOR RECORDER'S USE A.P. No.: Proj ect No.: Project: 175-20-052 CEV Vacation of Public Utility Easement at 4155 Old Trace Court SUMMARY VACATION RESOLUTION NO. 8642 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT AT 4155 Old Trace Court. 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 December 17, 1974, the City of Palo Al to acquired a five-foot Public Utility Easement (PUE) on the property at 4155 Old Trace Court as described in the Grant of Easement document 4914571(8 212 Page 656), said PUE is shown on Record of Survey recorded in Book 780 of Maps at page 37 on January 27, 2005 and shown on document 18846761, recorded March 16, 2006, in the Of ce 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Code authorizes the City Council to summarily vacate public service utility easements when the easement has been superceded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the five-foot Public Utility Easement received for Public Utilities as more particularly described in said document 4914571(8 212 Page 656, dated December 17, 1974) herein Exhibit "A" attached to this resolution and depicted on the plat map attached as Exhibit "8" to this resolution; and WHEREAS, attached to this Resolution as Exhibit "C" is a Exhibit C 1 of 3 - copy of CMR No. 335:06 , dated September 18, 2006 submitted by the City Manager to the City Council setting forth the reasons for the summary vacation of the five-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 five-foot Public Utility Easement on 4155 Old Trace Court has been superceded by relocation and a new Public Utility Easement has been recorded, in document 18846761 as the said five-foot PUE has been abandoned; and 2. No public facilities are located within the five- foot Public Utility Easement; and 3. The five-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 five-foot Public Utility Easement; and 5. The five-foot Public Utility Easement to be vacated is not useful as a non-motorized transportation facility; and 6. The Council has considered the Palo Al to Comprehensive Plan and ratifies the determination of the planning department that the vacation of the five-foot Public Utility 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 five-foot Public Utility Easement 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 five-foot easement for storm drain purposes described in Exhibit "A" and depicted in the plat map attached as Exhibit \\B" will no longer constitute a public easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. II Exhibit C 20f3 SECTION 5. The Council finds that summary vacation of the five-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: September 18, 2006 AYES: NOES: ABSENT: ABSTENTIONS: Exhibit C BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR APPROVED: . Services 30f3 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 ATTACHMENT A SPACE ABOVE LINE FOR RECORDER'S USE A. P. No.: Proj ect No.: Project: 175-20-052 CEV Vacation of Public Utility Easement at 4155 Old Trace Court SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT AT 4155 Old Trace Court. WHEREAS, Chapter 4 of the Public Streets, Service Easements Vacation Law, commencing with Highways Code section 8330, provides for summary streets and publ services easements; and Highways and Streets and vacation of WHEREAS, On December 17, 1974, the City of Palo Alto acquired a five-foot Public Utility Easement (PUE) on the property at 4155 Old Trace Court as described in the Grant of Easement document 4914571(B 212 Page 656), said PUE is shown on Record of Survey recorded in Book 780 of Maps at page 37 on January 27, 2005 and shown on document 18846761, recorded March 16, 2006, 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 publ facilities located within the easement; and WHEREAS, the City Council ends to summarily vacate the five-foot Public Utility Easement received for Publ Utilities as more particularly described in said document 4914571(B 212 Page 656, dated December 17, 1974) herein Exhibit "All 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 n is a 1 of3 copy of CMR No. ____ . ___ ' dated , submitted by the City Manager to the City Council setting forth the reasons for the summary vacation of the five-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 five-foot Public Utility Easement on 4155 Old Trace Court has been superceded by relocation and a new Public Utility Easement has been recorded, in document 18846761 as the said five-foot PUE has been abandoned; and 2. No public facilities are located within the five- foot Public Utility Easement; and 3. The five-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 five-foot Public Utility Easement; and 5. The five-foot Public Utility Easement to be vacated is 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 five-foot Public Utility 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 five-foot Public Utility Easement 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 five-foot easement for storm drain purposes described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute a public easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. II 2 of3 I' • " SECTION 5. The Council finds that sununary vacation of the five-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: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor APPROVED: City Manager Director of Administrative Services 30f3 APN 175-20-052 6/23/2006 Legal Description The following is a copy of the description ofB 212 Page 658, document 4914571 recorded December 17, 1974. The copy of said document is of poor quality. Those words, distance and angles not legible are shown as (x). Grant of Easement For valuable consideration, H KEIR CAMPBELL and P. GAYLE CAMPBELL, his wife, as joint tenants, hereby grant to the CITY OF PALO ALTO, a municipal corporation, an easement and right of way for public utilities purposes (specifically, storm drain), in perpetuity, in, under, over across, along and upon that certain property in the city of Palo Alto, County of Santa Clara, State of California, shown on the map attached hereto and described as follows: A strip ofland uniformly five feet (5') in width lying equally on each side of the following described center line; BEGINNING at an iron pipe monument marking the radius point of the cul-de-sac of Old Trace Court as established in that final judgment of condemnation as recorded August 22, 1969 in Book 8648 of Official records at page 217, records of Santa Clara County, State of California, thence S. 7° 01' 11" E 18.00 feet to an iron pipe monument; thence S. 79° 36' 31" 19.70 feet to a point on the back of the existing concrete curb of cul-de-sac, thence S. 41 ° 05' 04" E. 2.50 feet to the true point of beginning, said true point of beginning being in an existing City fire _access road (23' feet wide); thence along an arc of a curve to the right having a radius of (x) feet, the last mentioned radius point bearing S. 41° 03' 04" E. from said true point of beginning, through a central angle of 33° 45' 56" for an arc distance of78.04 feet to a point of reVerse curvature; thence along an arc of a curve to the left having a radius of 232.1 0 feet through a central angle of (XO) 4' 26" for an arc distance of 40 .(x) feet to a point of terminate, said point termating on being in said existing City fire access road, Together with the right of ingress and egress thereon and the right to pass and repass over, along, across, under and upon said easement whenever and wherever said CITY OF PALO ALTO desires foot he purpose sat forth above. The CITY OF PALO AL TO will maintain this storm drain easement in (x) standard storm drain maintenance practice. In witness whereof, the undersigned has caused this instrument to be executed this (x) day of December 1999. (Signatures see document B 212 Page 656). Said easement is shown on attached Exhibit B and made a part here of. Exhibit A Copied from said Document B 212 Page 658 by: James Kiehl, Public Works Surveyor S:\ASD\REAL\Martha's\EASEMENT\EASEMENT VACATION\4155-0LD-TRACE-COURT\4155 OLD TRACE COURT EXHIBIT Adoc -APN 175-20-052 2/27/2007 Legal Description The following is a copy of the description ofB 212 Page 658, document 4914571 recorded December 17, 1974. The copy of said document is of poor quality. Those words, distance and angles not legible are shown as (x). Grant of Easement F or valuable consideration, H KEIR CAMPBELL and P. GA YLE CAMPBELL, his wife, as joint tenants~ hereby grant to the CITY OF PALO ALTO, a municipal corporation, an easement and right of way for public utilities purposes (specifically, storm drain), in perpetuity, in, under, over across, along and upon that certain property in the city of Palo Alto, County of Santa Clara, State of California, shown on the map attached hereto and described as follows: A strip ofland uniformly five feet (5') in width lying equally on each side of the following described center line; BEGINNING at an iron pipe monument marking the radius point of the cul-de-sac of Old Trace Court as established in that final judgment of condemnation as recorded August 22, 1969 in Book 8648 of Official records at page 217, records of Santa Clara County, State of California, thenceS. 7°01' ll"E 18.00 feetto an iron pipe monument; thence S. 79°36' 31"E.19.70feet to a point on the back of the existing concrete curb of cul-de-sac, thence S. 41 0 05' 04" E. 2.50 feet to the true point of beginning, said true point of beginning being in an existing City fire access road (23' feet wide); thence along an arc of a curve to the right having a radius of (x) feet, the last mentioned radius point bearing S. 41 ° 03' 04" E. from said true point of beginning, through a central angle of 3 3° 45' 56" for an arc distance of 78.04 feet to a point of reverse curvature; thence along an arc of a curve to the left having a radius of232.1 0 feet through a central angle of (Xo) 4' 26" for an arc distance of 40 .(x) feet to a point of terminate, said point tennating on being in said .existing City fire access road, Together with the right of ingress and egress thereon and the right to pass and repass over, along, across, under and upon said easement whenever and wherever said CITY OF PALO ALTO desires foot he purpose sat forth above. The CITY OF P ALO ALTO will maintain this storm drain easement in (x) standard storm drain maintenance practice. In witness whereof, the undersigned has caused this instrument to be executed this (x) day of December 1999. (Signatures see document B 212 Page 656). Said easement is shown on attached Exhibit B and made a part here of. Exhibit A Copied from said Document B 212 Page 658 by: James Kiehl, Public Works Surveyor S:\ASD\REAL\Martha's\EASEMENT\EASEMENT_ VACATION\4155-0LD-TRACE-COURT\4155 OLD TRACE COURT EXffiBIT A.doc City of Palo Alto City Manager's Report TO: HONORABLE CITY COUNCIL 9 FROM: DATE: CITY MANAGER SEPTEMBER 18, 2006 DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 335:06 SUBJECT: 4155 OLD TRACE COURT -SUMMARY VACATION OF PUBLIC UTILITY EASEMENT RECOMMENDATION Staff recommends that Council approve the attached Resolution summarily vacating a 5-foot public service easement for utilities located at 4155 Old Trace Court. DISCUSSION The property owners have requested that the City vacate the 5-foot wide public utility easement (PUE) for storm drain facilities located on the south side of their property at 4155 Old Trace Court. The owners have dedicated another Public Utility Easement being vacated by this request; therefore, it is not needed and 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 PUE and all concur with the vacation. This side yard, 5-foot PUE 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 $1,200, as set forth in the Municipal Fee Schedule, is waived because the owner has dedicated another PUE to replace this easement being vacated. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has determined that the vacation of the 5-foot PUE is in conformity with the Palo Alto Comprehensive Plan. ENVIRONMENTAL REVIEW The proposed summary vacation of the 5-foot PUE is categorically exempt from the 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: 335:06 Page 1 of2 PREPARED BY: Surveyor, Public Works Engineering Division DEPARTMENT HEAD APPROVAL: Dir tor, Administrative Services CITY MANAGER APPROVAL: ~.LQ EMIL Y HARRISON Assistant City Manager ATTACHMENTS Attachment A: Summary Vacation Resolution Attachment B: Location Map cc: Property Owner, 4155 Old Trace Court CMR: 335:06 Page 2 of2 ~ ""'0\ J: ~ () r= >"'>CQ-m xo-<(,I'I!> ;,. ,-,,~, r ~~ ~ ~ 1'1 po ,g"?c:~ en ~"" ~ iI ~ I (I)_~ 1~~ ~ ~ 9 ~~ ~ I <0 > '" ~ <o:Ez "">0 ~-< (JI~~ (1):0 -I~ ~~ fli "" ~ ... ~ o~pj;l.. >~ ~CJ1 ~ e to C Otlj~ ~t3bxE "0 ::t~ ~ -;:;l ~ ~ ttl >-~tlj 8 ~ ",_tlj..,.jCl1 "'%j \.l.I tlj o ~ '" I g I o '" ~ ~ t-:3 This EXHIBIT B is the same as the Exhibit B document 18846761, recorded March 16,2005 created by Lea and Sung Engineering, Inc. except this EXHIBIT B is reduced to fit a 8 liz x 11 sheet and the purpose of this Exhibit is to show the location of the 5 foot wide Storm Drain Easement B212 O.R. 656 to be vacated. This sheet is created by James Kiehl, Public Works Surveyor, City of Palo Alto. . IL~[N]©~ d IU 2-2?-c::r;7' 1Lffi\~©~ @jg~~ (E) 5.00' PRIVATE WATER EASEMENT INSTRUMENT NO. 18840230. L=124.97 R=:55.00 0=204'34' 45" S 88'04'35" E L=20.20' R::::24.50' 0=47'15'15" 47.46' 1L~1Nl©~ ~®9 ~~® $@ofFtr. @.®@ ffi\C[gl~$ (E) 5.00' STORM DRAIN EASEMENT B212 O.R. 656 (BOOK 0016 PAGE 570 NOT LOCATABLE ON MAP). N 43'04'48" E 24.10' N 66'53'39" E 32.28' S 2:5'06'21" t: 5.00' /./ ./ ©fF (E) 10.00' SANITARY SEWER AND UNDERGROUND ELECTRICAL EASEMENT 7486 O.R. 72 +~ ,,,<),. ~<),.":> ./~ \)\) ./" C, ./ ,<),.\) .;:\)\) \)\) ~ 1L1fj)'ir ® u[glffi\~tr ~©J~)®~1r .. i8\{ljJ(())1)« ~®(Q) ({;})fF ~ffi\!i?J$4 !i?J~@~ ~~ ,... 0 / (N) PUBLIC UTILITY EASEMENT (P.U.E.) (E) 5.00' PRIVATE WA TER EASEMENT (j) INSTRUMENT NO. 18840230. ~~~ / m . "" :.It/~~ ('") >- ::;; (E) 23.00' RIGHT-OF-WAY . . 8648 O.R. 217 .,. q q II!)) 0 ~ ..,,--J: tv r:: ~>~>~Q IT1 x.8~(ft.~ >- -->-!:!:~::OZr1pot .8-.JP ~ ~ C/) ~~ .. ,~~~~ -.J c: -'" . ~ ~ ~ ~ I ;a ~ ~ . .." >-~ :; <Q:Ez ">0 'l-< ..... VI ~ ~ VIAl -1< r1 ~~ g "" IV a ~ ~ o'"lj~ >-t:-'c.n '"Ij C tI; t: n· oc.n C >Ot:z::j~ ~~r;xE '.0 ::t:8 ~ -j~ ~tI;--~l:!:1 b>n > '-" t""' _ :: rl"l N ....... l~J tI; \JJ '":rj ~t:z::j o n ~~ ::t!0 t:z::j ~ Zc:: Z ;;j -~ ~ .. >~ '" I S' I a <1> '"Ij S This EXHIBIT B is the same as the Exhibit B document 18846761, recorded March 16, 2005 created by Lea and Sung Engineering, Inc. except this EXHIBIT B is reduced to fit a 8 liz x 11 sheet and the purpose of this Exhibit is to show the location of the 5 foot wide Storm Drain Easement B212 O.R. 656 to be vacated. This sheet is created by James Kiehl, Public Works Surveyor, City of Palo Alto. . IL~!MIQ)~ @lVJ{£ij~ (N) PUBLIC UTILITY EASEMENT (P.U.E.) ~~fMlQ)$3 @~!M$3 (E) 5.00' PRIVATE WATER EASEMENT INSTRUMENT NO. 18840230. IL~INJ[Q)~ @1PJ©lF[F ~®9 ~~® $3©.!F'iJ. S 88'04'35" E 47.46' ij.®ij ~<CIRl~~ L=20.20' R=24.50' 0=47'15'15" (E) 5.00' STORM DRAIN ~ASEMENT B212 O.R. 656 (BOOK 0016 PAGE 570 NOT LOCATABLE ON MAP). N 4Y04'48" E 24.10' N 66'53'39" E 32.28' S 23'06'21" E 5.00' ©!F (E) 10.00' SANITARY SEWER AND UNDERGROUND ELECTRICAL EASE~ENr 7486 O.R. 72 ~~ .,1), ~v ./~ ()() /~ C::1 ./ .I),() '-:-d) ()() ~ ~©'iJ ® 'iJ1Rl~<C'iJ !M©.~®~U' .. ®OOOC· ~®@ ©IF ~~~$3~ ~ if ff2l~@~ ~~ ,... 0 (E) 5.00' PRIVATE WA TER EASEMEN T Vl.INSTRUMENT NO. 18840230. §~~. / m . '" : .I~ /~" (") » M (E) 23.00' RIGHT-OF-WAY 8648 O.R. 217 .p. q L=76.40· R=86.50' 0=50'36'15" (TOTAL) q I I ell 0 905 127 4137 The City of Palo Alto 4169 . 4174 18 4180 4179 .4.i8o 4183 / . '.~ .. ".' J.:!" . ".~ ~ " )' , 4243 4270 ;Z : N ~ 4260 890- 4155 Old Trace Court Attachment B This map is a product of the City of Palo Alto GIS --0' 300'