HomeMy WebLinkAboutRESO 9154--~~--~ --~--~ ~--------~~-----------
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
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.:
Proj ect No.:
various
CEV 10/06
Project: vacation of Easements
Within Underground
Utility District 41
SUMMARY VACATION
RESOLUTION NO. 9154
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING PUBLIC SERVICE EASEMENTS
IN UNDERGROUND UTILITY DISTRICT 41, ENCOMPASSING
AREAS WITHIN PORTIONS OF COLORADO
AVENUE/MIDDLEFIELD ROAD/
ORGEON EXPRESSWAY/COWPER STREET
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 easements were accepted by the City of Palo
Alto and recorded in the Office of the Santa Clara County
Recorder on the various Tract and Subdivision Maps, entitled
Tract No. 365 Millwood Subdivision, Tract No. 8569 St. Mark's
Court, Tract No. 778 Bryson Park Extension, Tract No. 241 Price
Tract, and Tract No. 425 Bryson Park, and;
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utilities easements which are no longer necessary when the
easements have been superseded by relocation and no other public
facilities are located within the easements; and
1
WHEREAS, on July 11, 2005, the City Council adopted
Ordinance No. 4882 establishing Underground Utility District No.
41, requiring the removal of poles and overhead lines and
associated overhead structures from the areas contiguous with
portions of Colorado Avenue, Middlefield Road, Oregon Expressway
and Cowper Street, shown on the Underground District No. 41
Boundary Map attached hereto as Exhibit B; and
WHEREAS, the City council intends to summarily vacate
the Public Service Easements for Utili ties as more particularly
described herein in Exhibit "A" attached to this resolution and
depicted with bold marks and X's on the plat map attached as
Exhibit "B" to this resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as
fQllows:
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 Public Service Easements described herein on Exhibit
"A" and depicted on the plat map attached as Exhibit "B"
have been superseded by relocation; and
2. No public facilities are located within the said Public
Service Easements; and
3. The public utilities located within the
Easements to be vacated are not needed
prospective public facilities; and
Public Service
for present or
4. The public convenience and necessity do not require
reservation of any portion of these easements; and
5. The Council has considered the Palo Alto Comprehensive Plan
and ratifies the determination of the planning department
that the vacation of the pipeline public service 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 public service easements as shown on the attached map
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.
2
LEGAL DESCRIPTION
EXHIBIT 'A'
All that certain real property situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEGINNING at the most easterly corner of Lot 1, Block 254 of Tract No. 365,
entitled "MILLWOOD SUBDIVISION", filed on February 25, 1947 in Book 12 of
Maps at Page 50; thence southwesterly, along the southeasterly line of said
Tract No. 365, the southeasterly line of Tract No. 1635, filed on October 18, 1956
in Book 73 of Maps at Page 24, and the southeasterly line of Tract No. 8569,
entitled "ST. MARK'S COURT", filed on March 19, 1993 in Book 645 of Maps at
Pages 14 and 15 to the most southerly corner of said Tract No. 8569; thence
northwesterly, along the southwesterly line of said Tract No. 8569 to the most
westerly corner of Lot 1, as shown on said Tract No. 8569, said corner being the
most easterly corner of that certain parcel of land as described in the Grant Deed
from Robert A. Greene and Martha L. Greene, as Trustees of The Greene Family
Trust, Dated September 19, 2006 to Doru C. Manolache and Simona V.
'-Manolache, husband and wife as community property with right of survivorship,
recorded on September 3, 2009 as Document No. 20421103; thence
southwesterly, along the southeasterly line of said Manolache parcel and the
southeasterly line of that certain parcel of land as described in the Grant Deed
from Margaret E. Lee and Don Gustafson, wife and husband as community
property with right of survivorship to Margaret E. Lee, or her successor, as
Trustee, The Margaret E. Lee Separate Property Trust UfO September 1, 1999,
recorded on October 6,2009 as Document No. 20458100 to the most southerly
corner of said Lee parcel, said point being on the northeasterly line of Cowper
Street; thence southeasterly, along said northeasterly line of Cowper Street to
the point of intersection with the northeasterly prolongation of the southeasterly
line of that certain parcel of land as described in the Trust Transfer Deed from
Thomas D. Reese, a married man, as his sale and separate property to Thomas
D. Reese and Carolyn W. Reese, trustees, or their successors in interest, of the
Reese Family Trust dated September 15,1969, as amended, recorded on
September 17, 2002 as Document No. 16483009; thence leaving said
northeasterly line of Cowper Street, southwesterly, along said northeasterly
prolongation and the southeasterly line of said Reese parcel to the most
southerly corner of said Reese parcel; thence northwesterly, along the
southwesterly line of said Reese parcel and the southwesterly line of Lots 1
through 8, Block 1, as shown on the map entitled "MAP OF HOME LAND
SUBDIVISION", filed on February 15,1927 in Book "V" of Maps at Page 40 to the
most westerly corner of said Lot 1, Block 1; thence northeasterly, along the
northwesterly line of said Lot 1, Block 1 to the northeasterly corner of said Lot 1,
Block 1, said corner being on the southwesterly line of said Cowper Street;
thence northeasterly, at right angles to the alignment of Cowper Street to a pOint
on the northeasterly line of said Cowper Street; thence northwesterly, along the
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northeasterly line of said Cowper Street to a point on the southeasterly line of
that certain parcel of land as described in the Trust Transfer Deed from John H.
Wallbrink and Cindy S. Wall brink, husband and wife to John H. Wallbrink and
Cindy S. Wallbrink, Trustees or their successors, of The Wallbrink Revocable
Trust dated February 25,2000, as amended and restated, recorded on
September 8, 2009 as Document No. 20425067; thence leaving said
northeasterly line, northeasterly, along the southeasterly line of said Wallbrink
parcel to a point on the southwesterly line of Lot 7, Tract No. 778 entitled
"BRYSON PARK EXTENSION''. filed on September 12, 1950 in Book 30 of Maps
at Page 41; thence northwesterly, along the southwesterly line of said Lot 7 to
the most westerly corner of said Lot 7; thence northeasterly, along the
northwesterly line of said Lot 7 to the most northerly corner of said Lot 7, said
point being the most easterly corner of that certain parcel of land as described in
the Affidavit-Death of Trustee-Succession of Successor Trustee that states that
upon death of Ilona I. Smith, Lawrence V. Smith and Karen I. Christenson
became the successor Trustees under Trust Agreement dated May 12, 1992,
recorded on December 22, 1999 as Document No. 15099829; thence
northwesterly, along the northeasterly line of said Smith parcel to the most
northerly corner of said Smith parcel; thence southwesterly, along the
northwesterly line of said Smith parcel to the most easterly corner of that certain
parcel of land as described in the Grant Deed from Lane T. Wallace, Successor
Trustee of U/DIT dated January 29, 1993 to George Tu and Lily Tu, husband and
wife, as community property with right of survivorship, recorded on March 18,
2010 as Document No. 20644817; thence leaving the no"rthwesterly line of said
Smith parcel, northwesterly, along the northeasterly line of said Tu parcel and the
northeasterly line of that certain parcel of land as described in the Grant Deed
from Dorothy M. Wagner, an unmarried woman to Fran Wagstaff, an unmarried
woman, recorded on April 28, 1987 as Document No. 9248323 to the most
northerly corner of said Wagstaff parcel, said point being on the southeasterly
line of Tract No. 241 entitled "PRICE TRACT", filed on January 7, 1946 in Book 8
of Maps at Pages 12 and 13; thence southwesterly, along the southeasterly line
of said Tract No: 241 to the most southerly corner of said Tract No. 241; thence
leaving said southeasterly line, northwesterly, along the southwesterly line of
Lots 32 and 31, Block 221 of said Tract No. 241 and the northwesterly
prolongation thereof, to the centerline of Marion Avenue (50 feet wide); thence
northeasterly, along the centerline of Marion Avenue to the southeasterly
prolongation of the southwesterly line of that certain parcel of land described in
the Grant Deed from William A. Beck and Marcia L. Beck, husband and wife to
William A. Beck and Marcia L. Beck, Trustees or their successors in trust under
The William and Marcia Beck Living Trust dated June 8, 2001 and any
amendments thereto, recorded on February 5, 2009 as Document No. 20122136;
thence leaving said centerline, northwesterly, along the southeasterly
prolongation and the southwesterly line of said Beck parcel to the most westerly
corner of said Beck parcel; thence northeasterly, along the northwesterly line of
said Beck parcel to the most southerly corner of Parcel One as described in the
Grant Deed from Carol Susan Stroud also know as Carole Stroudl an unmarried
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woman to Carole Stroud, an unmarried woman, recorded on March 18, 2008 as
Document No. 19780798; thence leaving said northwesterly line, northwesterly,
along the southwesterly line of said Stroud parcel and the southwesterly line of
that certain parcel of land as described in the Grant Deed from Dean Hanson, a
married man and William COX,· a married man to David A. Murphy and Adrienne
C. Murphy, Husband and Wife as Community Property with Right of Survivorship,
recorded on June 15, 2005 as Document No. 18422986 to a point on the
southeasterly line of that certain parcel of land as described in the Grant Deed
from Christine D. Mattison, wife of grantee herein to John B. Aaron, a married
man, as sole and separate property, recorded on April 9,1996 as Document No.
0013249841; thence leaving said southwesterly line, southwesterly, along the
southeasterly line of said Aaron parcel to the most southerly corner of said Aaron
parcel; thence northwesterly, along the southwesterly line of said Aaron parcel
and the southwesterly line of that certain parcel of land as described in the Grant
Deed from Debra Summers to Debra Sue Summers, trustee of The Debra
Summers 1999 Separate Property Trust, as amended and restated, recorded on
June 15, 2009 as Document No. 20293086 to the most westerly corner of said
Summers parcel; thence leaving said southwesterly line, northeasterly, along the
northwesterly line of said Summers parcel to the most northerly corner of said
Summers parcel; thence leaving said northwesterly line, southeasterly, along the
northeasterly line of said Summers parcel to the intersection thereof with the
southwesterly prolongation of the northwesterly line of that certain parcel of land
as described in the Grant Deed from Jean Lucien LaLanne, as Trustee of the
LaLanne Family Trust, dated April 30, 1990 to Jean Lucien LaLanne, as Trustee
of The Survivor's Trust under the LaLanne Family Trust, dated April 30, 1990 and
recorded on November 22,2006 as Document No. 19199544; thence leaving
said northeasterly line, northeasterly, along the southwesterly prolongation and
the northwesterly line of said LaLanne parcel to the most northerly corner of said
LaLanne parcel; thence leaving said northwesterly line, southeasterly, along the
northeasterly line of said LaLanne parcel to the intersection thereof with the
sOlJthwesterly prolongation of the northwesterly line of that certain parcel of land
as described in the Certificate of Compliance recorded on March 10, 2004 as
Document No. 17654060; thence leaving said northeasterly line, northeasterly,
along said southwesterly prolongation and the northwesterly line of said
Certificate of Compliance parcel and the northwesterly line of that certain parcel
of land as described in the Grant Deed from A. R. Woolworth and Betty J.
Woolworth, his wife to William Richard Brooks and Helen B. Brooks, his wife, as
joint tenants, recorded on October 25, 1973 as Document·No. 4636688 to the
most northerly corner of said Brooks parcel; thence leaving said northwesterly
line, southeasterly, along the northeasterly line of said Brooks parcel to a point
on the northwesterly line of that certain parcel of land as described in the Grant
Deed from Gerardus B. Staal and Elizabetha J. Staal. husband and wife as joint
tenants to Gerardus B. Staal and Elizabetha J. M. Staal, Trustees, or their
successor(s) as Trustee(s), of the Gerardus B. and Elizabetha J. M. Staal
Revocable Trust dated August 27, 1990, and any amendments thereto, recorded
on August 30,1990 as Document No. 10640677, said line being the
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northwesterly line of Lot 3, Block 1 as shown on the map entitled "MAP OF
SUBDIVISION NUMBER 6, SEALE TRACT", filed on June 2,1919 in Book lip" of
Maps at Page 33; thence leaving said northeasterly line, northeasterly, along the
northwesterly line of said Lot 3, Block 1 to the most northerly corner of said Lot 3,
Block 1; thence leaving said northwesterly line, southeasterly, along the
northeasterly line of said Lot 3, Block 1 to the most westerly corner of that certain
parcel of land as described in the Grant Deed from Carl P. Leijon, John A. Leijan
and Pauline S. Leijon to Palo Alto Church of the Nazarene, a California
Corporation, recorded on May 22, 1972 as Document No. 4261589; thence
leaving said northeasterly line, northeasterly, along the northwesterly line of said
Palo Alto Church of the Nazarene parcel to the most northerly corner of said Palo
Alto Church of the Nazarene parcel; thence along the northeasterly line of said
Palo Alto Church of the Nazarene parcel and the southeasterly prolongation
thereof to the centerline of Marion Avenue (50 feet wide); thence leaving said
southeasterly prolongation, northeasterly, along the centerline of Marion Avenue
to the point of intersection of said centerline of Marion Avenue with the
southwesterly line of Middlefield Road, as shown on said Tract No. 241; thence
leaving said centerline, southeasterly, along the southwesterly line of Middlefield
Road to the most northerly corner of Lot 1 of Block 221, said Tract No. 241;
thence leaving said southwesterly line, southwesterly, along the northwesterly
line of said Lot 1, Block 221 to the most westerly corner of said Lot 1, Block 221;
thence leaving said northwesterly line, southeasterly, along the southwesterly
line of said Lot 1, Block 221 to the most southerly corner of said Lot 1, Block 221,
being on the northwesterly line of Tract No. 425, entitled "BRYSON PARK", filed
on June 30, 1947 in Book 13 of Maps at Pages 33 and 34; thence leaving said
southwesterly line, southwesterly, along the northwesterly line of said Tract No.
425 to the most westerly corner of Lot 35, Block 221 of said Tract No. 425;
thence leaving said northwesterly line, southeasterly, along the southwesterly
line of said Lot 35, Block 221 and the southeasterly prolongation and the
southwesterly line of Lot 7, Block 250 of said Tract No. 425 to the most southerly
corner of said Lot 7, Block 250; thence leaving said southwesterly line,
northeasterly, along the southeasterly line of said Lot 7, Block 250 to the most
easterly corner of said Lot 7, Block 250, being on the southwesterly line of Lot 4,
Block 250 of said Tract No. 425; thence leaving said southeasterly line,
southeasterly, along the southwesterly line of Lots 4, 3, 2 and 1, Block 250 of
said Tract No. 425 to the most southerly corner of said Lot 1, Block 250; thence
leaving said southwesterly line, southeasterly, to the most westerly corner of Lot
7, Block 254 of said Tract No. 365; thence continuing southeasterly, along the
southwesterly line of Lots 7, 8, and 9 to the most southerly corner of said Lot 9,
Block 254, said point being a corner of Lot 2, Block 254 of said Tract No. 365;
thence leaving said southwesterly line, southwesterly, along a southeasterly line
of said Lot 2 to a corner of said Lot 2; thence leaving said southeasterly line,
southeasterly, along a northeasterly line of Lot 2 and Lot 1, Block 254 of said
Tract No. 365 to the POINT OF BEGINNING.
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