HomeMy WebLinkAboutRESO 9121Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY o.F PALO. ALTO/REAL ESTATE
250 Hamilton Avenue
P.o.. Bo.X 10250
PALO. ALTO., CA 94303
SPACE ABo.VE LINE Fo.R RECo.RDER'S USE
A.P. No.:
Proj ect No. :
137-17-014
CEV 10/01
Project: vacation of Easement
3708 Laguna Avenue
SUMMARY VACATION
RESo.LUTJ:.o.N NO.. 9121
RESo.LUTIo.N o.F THE Co.UNCIL o.F THE CITY o.F PALO.
ALTO. SUMMARILY VACATING A 5-Fo.o.T FUTURE STREET
EASEMENT AT 3708 LAGUNA AVENUE
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 service easements; and
WHEREAS, the City of Palo Alto maps show a 5-foot future
street easement at 3708 Laguna Avenue as shown on that certain
map entitled, "Record of Survey of the A. WilliamS and J.
Blackhurst Properties", recorded in the o.ffice of the Recorder
of the County of Santa Clara, on May 13, 1955, in Book 58 of
Maps at page 11; and
WHEREAS, this 5-foot future street easement has' never
been used and there are no utilities or public improvements
located within the easement to be vacated; and
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-
way for a street which is not required for street or highway
purposes; and
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to summarily vacate
more particularly
this resolution and
Exhibit "B" to this
WHEREAS, the City Council intends
the 5-foot future street easement, as
described in Exhibit "A", attached to
depicted on the plat map attached as
resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
SECTION 1. This vacation is made under the authority of
California Streets and Highways Code Chapter 4 of part 3 of
Division 9, commencing at Section 8330 et. seq.
1. The 5-foot future street easement is excess right-of-way
and is not required for street or highway purposes, and
there are no public facilities located within the easement;
and
2. The 5-foot future street easement is not needed. for present
or prospective street or highway purposes or public
facilities and as such has been determined to be excess;
and
3. The public convenience and necessity do not require
reservation of any portion of the easement; and
4. The Council has considered the Palo Alto Comprehensive Plan
and ratifies the determination of the planning department
that the vacation of the 5-foot future street 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 8334 of the
Streets and Highways Code, the City Council does hereby order
that the 5-foot future street easement as shown on the attached
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 Maps.
SECTION 4. The 5-foot future street easement described
in Exhibit "A" and depicted in the plat map attached as Exhibit
"B" will no longer constitute a public street right-of-way
easement from and after the date of recordation of the documents
identified in Section 3 of this Resolution.
SECTION 5. The Council finds that the summary vacation
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of the 5-foot future street 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:
~~ ~. lty Clerk
-b . APPROVED AS TO FORM:
Mayor
CO' ~~ Senior Asst. City Attorney
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