HomeMy WebLinkAboutRESO 9040Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY OF PALO ALTOIREAL 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:
127-50-032
CEV 09/01
Vacation of PUE -
780 Lorna Verde Avenue
SUMMARY VACATION
RESOLUTION NO. 9040
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A -FOOT STRIP OF A
PUBLIC SERVICE EASEMENT FOR UTILITIES AT
780 LOMA VERDE AVENUE
WHEREAS, Chapter 4 of the Public Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330 I provides for summary vacation of
streets and public service easements; and
WHEREAS I in 1959 the City of Palo Alto acquired a
12-foot public service easement for utilities on the
property located at 780 Lorna Verde Avenue as shown on the
Deed, recorded in Book 1425 at page 581, Document number
1636238, records of Santa Clara County; and
WHEREAS I this 12-foot strip the public service
easement for utilities has never been used and there are no
other public Ii es within the easement to be vacated; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utili ties easements which have not been used for a consecutive
five year period, and there are no public facilities located
within the easement; and
WHEREAS I the City Council intends to summarily vacate
the 12-foot strip of the public service easement for utilities,
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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
NOW, THEREFORE,
follows:
SECTION 1. The
findings:
City Council does hereby RESOLVE as
ty Council makes the lowing
1. The 12-foot s of public utilities easement has
never been used for f consecutive years, and no public
facilities are located within this portion of the easement; and
2. This portion of the public utilities easement is
not needed for present or prospective public facili and as
such has been determined to be excess; and
3. The public service easement for utili ties not
useful as a non-motorized transportation facility; and
4. The Council
Comprehensive plan and
planning department that
has considered the Palo Alto
fies the determination the
vacation of the 12 foot strip of
is in conformi ty wi th the Palo the public utili ties easement
Alto Comprehensive plan.
SECTION 2. Based upon the findings made in Section 1 of
this Resolution and the provisions of Section 8333 the
Streets and Highways Code, the City Council does hereby order
that the 12-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 ed copy of this Resolution,
including the Maps and the Report.
SECTION 4. The 12-foot s of easement for utilities
described 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 recordation of the documents
ified in Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of
the 12-foot strip of the public utili ties easement is exempt
from review under the California Environmental Act pursuant to
e 14 California Code of Regulations section 15305 as a minor
teration in land use limitations.
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INTRODUCED AND PASSED: February 08, 2010
AYES: BURT, ESPINOSA, HOLMAN I KLEIN I PRICE I SCHARFF I SCHMID I
SHEPHERD, YEH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
APPROVED:
Attorney
Services
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