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HomeMy WebLinkAboutRESO 9078Recorded 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 SPACE ABOVE LINE FOR RECORDER'S USE A.P. No.: 142-2-020,021 Proj ect No.: Project: CEV 26/5-05/01 Vacation of Public Access/Public Recreational Access easements at 600, 620 Sand Hill Road SUM MAR Y V A CAT ION RESOLUTION NO. 9078 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING PUBLIC ACCESS AND PUBLIC RECREATION ACCESS EASEMENTS AT 600 AND 620 SAND HILL ROAD 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 services easements; and WHEREAS, the City of Palo Alto acquired public access and public recreational access easements on the property at 600 and 620 Sand Hill Road as shown on Tract 9139, entitled "Stanford West," filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive Records of Santa.Clara County; and WHEREAS, pursuant to Section 8306 of the Streets and Highways Code rights-of-way and easements acquired for public use for pathways and other limited uses other than street or highway purposes are public service easements; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service easements when the easement has been superceded· by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the public service easements for access and recreation access as more .. particularly described in Exhibits "A", "A-1", "A-2" and "A-3" attached to this resolution and depicted on the plat maps attached as Exhibit "B", "B-1", "B-2" and "B-3" to this resolution; and 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 The public access and public recreational access easements at 600 and 620 Sand Hill Road have been superceded by relocation to accommodate new development and improvements; and 2. No public facilities are located within the public access and public recreational access easements; and 3. The public access and public recreational easements are not needed for present or prospective facilities; and access public 4. The public convenience and necessity does not require reservation of any portion of the easements to be vacated; and 5. The easements to be vacated are not useful as non- motorized transportation facilities; and 6. The Council has considered the Palo Alto Comprehensive Plan and ratifies the determination of the planning department that the vacation of the public access and public recreational access easements 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 public access and public recreational access easements as shown on the Maps 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 Co~nty Records a certified copy of this Resolution, including the Maps and the Report. SECTION 4. The public access and public recreational access easements described in Exhibit "A", "A-1", "A-2" and "A-3" and depicted in the plat maps attached as Exhibit "B", "B-1", "B-2" and "B-3" will no longer constitute public access easements from and after the date. of recordation of the documents identified in Section 3 of this Resolution.