HomeMy WebLinkAboutRESO 3907• •
ORIGINAL
RESOLUTION NO. 3907
RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO AUTHORIZING VACATION OF A PUBLIC
UTILITIES EASEMENT SUBJECT TO DELIVERY AND
RECORDING OF A DEED OF GRANT FROM STANFORD
UNIVERSITY FOR A CORRECTED EASEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
CHANGING THE EASEMENT AND A QUITCLAIM DEED
AS TO THE INCORRECTLY DESCRIBED EASEMENT
(STANFORD UNIVERSITY LANDS).
WHEREAS. pursuant to previous agreement between
the City of Palo Alto and the Board of Trustees of
the Leland Stanford Junior University, the City of
Palo Alto maintains an easement for the sole purpose
of a water line and appurtenances thereto ten feet
in width measured five feet on each side of a line
over and across the land of Leland Stanford Junior
University as described on page 2 of "Agreement
Amending Easement" attached hereto as EXHIBIT A; and
WHEREAS, due to the mutual mistake of the parties,
an incorrect description of the easement as shown on
page 3 of said EXHIBIT A was previously recorded; and
WHEREAS, it is the intention of the parties to
amend the easement by deleting from the public records
said incorrect description and substituting the correct
description therefor; and
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WHEREAS, the Council of the City of Palo Alto
does hereby find that the land described in said
incorrect description which is not contiguous with
the land in the corrected description has not been
used for the purpose for which it was granted for
five consecutive years next preceding the date of
this resolution; and
WHEREAS, from all the evidence submitted to the
Council of the City of Palo Alto it is found that
said land incorrectly described which is not contiguous
with the land described in the corrected property
description is unnecessary for present or prospective
public utilities purposes; and
WHEREAS, the Trustees of the Leland Stanford Junior
University have tendered to the City of Palo Alto an
executed Grant of Easement containing a correct des-
cription of the easement, a true copy of said grant
being attached hereto as EXHIBIT B;
NOW THEREFORE, THE COUNCIL OF THE CITY OF PALO ALTO
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section
50443 of the Government Code of the State of California
the Council of the City of Palo Alto does hereby
order that said incorrectly described easement be and
hereby is vacated;
SECTION 2. The Mayor is hereby authorized to
execute a quitclaim deed for said incorrectly described
easement, and also to execute the "Agreement Amending
Easement" a copy of which is attached hereto as
aforesaid EXHIBIT A;
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SECTION 3. The City Clerk shall cause a certified
copy of this resolution, a certified copy of the
"Agreement Amending Easement", the Quit Claim Deed,
and the aforesaid Grant of Easement to be recorded in
the Office of the County Recorder of the County of
Santa Clara.
INTRODUCED AND PASSED: July 18, 1966 by unanimous vote.
ABSENT: Dias, Flint
ATTEST: APPROVED:
APPROVED AS TO FORM:
City Attorn
APPROVED AS TO CONTENT:
ngineering Departmbnt
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AGREEMENT AMENDING EASEMENT
THIS AGREEMENT, made and entered into this //7 day
of / , 1966, by and between THE BOARD OF
TRUSTEES OFTHHE-LELAND STANFORD JUNIOR UNIVERSITY, a body
having corporate powers under the laws of the State of
California, (hereinafter referred to as "Stanford"), and
the CITY OF PALO ALTO, a municipal corporation organized
and existing under and by virtue of the laws of the State
of California, (hereinafter referred to as the "City") ,
WITNESSETH
WHEREAS, the parties hereto entered into an Easement
and Agreement dated August 15, 1958, (hereinafter referred
to as the "Easement"), whereby Stanford granted and con•
veyed unto City certain easements upon the terms and condi-
tions therein stated, which was recorded in Book 4440, at
Page 73, of Official Records of Sa-h Clara County (Recorder's
No. 164320) ; and
WHEREAS, the parties have discovered that by their
mutual mistake one of the parcels of land affected by the
Easement was incbrrectly described therein; and
WHEREAS, the parties desire to amend the Easement ay
deleting therefrom the said incorrect description and sub-
stituting the correct description therefor;
NOW, THEREFORE, the parties do hereby mutually agree as
follows:
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1. The following language is hereby deleted from the second
page of the Easement, effective as of the date hereof: _
Parcel No. 3. An easement for the sole purpose of a water line and
appurtenances thereto ten feet in width measured five feet on each
side of the following described line:
La; i. nie at a concrete hi;,hway monument set on the Southwesterly
line of El Camino Real (State HiC3uray) o;.'•osito Eeineer' o Station 1444
27.00 .:s surveyed by the California Diviaiou of i1•LChwaya as said South-
eete:ly line w; s eat: blish_d by that Decree iu condemnation, a certified
cc ; of which Decree was filed for record in the office of the Recorder
of the County oc Santa Clara, State of California, on July 7, 1930 in
Zee% 520 of o::ficial Records, at pee 571; said menu :cat also marks the
point of ineersectioz of caid Southwesterly line with the Southeasterly
lino of that certain 1239 acre tract of land described iu the Dees: free
l to Leland Stanford, dated Septc bor 3, 1335,
Evelyn C. CiaODO�, et f+1, n ,
recorded September 8, 1335 in Book 80 of Deeds, pa„c 332, Santa Clara
County ;Record:.; runai z thence North 56° 39' West a1onz said a out►.wo erly
line of El Ca:lino Real for a distance of 2125.19 feet to a concrete
:.o:: •,.went act at tha point of intersection thereof with the center line of
- aza Will Read (60 feet glee); thence aloe the center lino of Daze i 111
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Road South 3S° 23' 37" ;nest 4441.57 feet to a 3/4 inch iron pipe; theacc
South 33° 13' 37" i:eet 733.43 feet; thence at ridzht ar.;;lea 'Northwesterly
90.CO feat to a point upon the Northwesterly line of Daze .;ill Road as
w deaccl to 123 feat, said last need point boinu the true point of beLinninz,
.;aid erue point of be.:;inainz bcinC directly over a 3u" concrete and &teal
cylie;:e water main; thence U. 54° 41' 24" W. 1156 fact, more or lcsa, to
.. point which beans U. G2* 03' E..125.13 feet frog the coat Easterly cor-
ner o: a 209.5 foot square reservoir; thence N. 56° 34' 24" W. 282.2 feet
to a ?oiit which bear:: N. 35° 52' E. 97.35 feet froa the moat Northerly
corner or said reservoir; thence N. 89° 41' 24" W. 450 feet, mere vi. -less,
to a point on the Easterly line of Stanford Avenue, paid last naned course
;.:olon;ed intereecta the tanzent center line of Stanford Avenue at a point
111.41 feet Northeasterly (called E. 43° 35•s' E. on the followin; described
e?) -free seater line E. C. station 164 42.24 as shown on the map of the
entcncion of Stanford Avenue prepared by Santa Clara County Surveyor Robert
E. C:ia:.dler in February, 1931.
2. The following language is hereby substituted in place of
the language deleted by Paragraph 1 hereof, effective as of the
date hereof:
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Parcel. No. 3. An easement for the sole purpose of a water line and
appurtenances thereto ten feet in width measured five feet on each side
of the following; described line:
:3ZCI ., x c at a concrete highway monument set on the Southwesterly
line of Z1 Camino Real (State highway; opposite Engineer's Station
27.00, as surveyed by the California Division of Highway;. as
said Southwesterly line was established by that Decree in Condemna-
tion, a certified copy of which Decree was filed for record in the
Office of the Recorder of the County of Santa Clara, State of
California, on July 7, 1930, in nook 520 of Official Records, at
Page 571, said monument also marks the point of intersection o
said Southwesterly line with the Southeasterly line of that certain
1289 -acre tract of land described in the Deed from Evelyn C. Crosby,
et a1, to Leland Stanford, -dated Septezber 8, 1885, and recorded
Septener 8, 1385, in Book 80 of Deeds at page 382, Santa Clara
Co;.:nty Records, running thence North 560391 West along said South-
westerly line of El Camino Real for a distance of 2125.19 feet to
a concrete monument set at the point of intersection thereof with
the centerline of Page Mill Road (GO feet wide); thence along the
centerline of Page Mill Road South 33°28'37" West 4441.57 feet, to
a 3/4 -inch iron pipe; thence South 33°18'37" West 689.52 feet;
thence at right angles Northwesterly 90.00 feet to a point upon
the Northwesterly line of Page Mill Road as widened to 120 feet,
said last-named point being the true point of beginning of the
1:tercel to be described, said true point of beginning being directly
over a 30 -inch concrete and steel cylinder water man; thence FROM
;::. POINT OF BEGINNING North 54°42'51" West 1245.90 feet to
the Southeasterly line of that certain parcel described in "Amend-
ment to Lease" dated August 15, 1958, between the Board of +rusteea
of Leland Stanford Junior University, Lessor, and the City of Palo
Alto, Celifor:.ia, a municipal corporation, Lessee; thence continuing
North 54°42'51" West 22.91 feet to an angle point; thence North 57°
27'33" West 77.11 feet to a point on the Northwetterly line of said
zarcol c,esc+iced in said "21:00 :7:lent to Lease"; thence continuing
"cr 57°27'36" West 105.68 feet to an angle point; thence North
89°13'10" West 416.13 feet to a point on the Easterly line of,
Stanford Avenue, as shown on the map of the Extension of Stanford
Avenue, prepared by Santa Clara County Surveyor Robert B. Chandler,
in February 1931 (the prolc.ngation of the last-named course int,:r-
z;ects the tangent centerline of Stanford Avenue at a point 121.60
feet Northeasterly from the centerline EC Station 16+42.24 of
Stanford Avenue, as shown on said map prepared by Robert B. Chandler.
3. Except as hereby amended, the Easement and all of the terms
and conditions thereof remains in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this
instrument in duplicate by proper persons thereunto duly author-
ized as of the day and year first hereinabove written.
Approved as to Content:
roved as t. Form:
City Attor
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR UNIVERSITY
Its Vice President for BusinegS Affairs
CITY OF PALO ALTO
By
Its \/4 c e. f a y o k
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STATE OF CALIFORNIA )
) ss.
County of Santa Clara )
On this 8th day of April , 1966, before
me, Daryl Craig Dawson, a Notary Public of the State of Calif-
ornia, duly commissioned and sworn, with my principal office
in the County of Santa Clara, personally appeared
A. E. Brandin , known to me to be the
Vice President for Business Affairs of the body having corpor-
ate powers that executed the within instrument, and known to
me to be the person who executed the within instrument on
behalf of tjie body having corporate powers therein named,
and aeknowledwd to me that such body having corporate powers
executed the same.
Witness my hand and
0FFiCfAI._ s�AL
DARYL CR:tiG DAWSON I
NOTARY PU'.'ILfC •CALtrOrtNlA i
PRINCIPAL OFFICE IN
SANTA CLAF A COUNTY
official seal.
STATE OF CALIFORNIA )
ss.
County of Santa Clara )
DARYL CRAIG DAWSON
My Commission Expires Oct. 26, 1968
On this /7 day of t. 4 __ _ , 1966, before
me, , a Notary Public of
the S ate of California, duly commissioned and sworn, with my
principal office in the County,of Santa Clara, personally
appeared Zr1,//, a- . � .r c.Q . , known to me
to be the Vi rte. )2.2eg«tr of the
CITY OF PALO ALTO, a municipaVcorporation described in and
that executed the within and foregoing instrument, and also
known to me to be the person who executed the within and
fnregoing instrument on behalf of the said City, and acknow-
ledged to me that said City executed the same.
Witness my hand and official seal.
?Iq^! ItlittltlK''tr 1*.. .
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0. f1 F:'AMC:S E. ESCHERICH
Gt111.I..12satt1:la::.:.6i13:::61NJ21U.t11t1111tli mail
6-j
My Commission Ma;ch 17, 19.7.0
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GRANT OF EASEMENT
For a valuable consideration, receipt whereof is hereby acknow-
ledged, THE BOARD OF TRUSTEES OF THE LELt ND STANFORD JUNIOR UNIVERSITY,
a body having corporate powers under the laws of the State of Calif-
ornia, Grantor, does hereby grant and convey unto the CITY OF PALO
ALTO, a municipal corporation duly organized and existing under and
by virtue of the laws of the State of California, Grantee, and its
successors and assigns, the following described easement for the
purposes hereinafter set forth:
An easement for the sole purpose of a water line and apperten-
anees thereto ten feet in width measured five feet on each side of
a line over andacross the lands of Grantor situate in the City of
Palo Alto, County of Santa Clara, State of California, which line
is described as follows:
BEGINNING at a concrete highway monument set on the Southwesterly
line of El Camino Real (State Highway) opposite Engineer's Station
144+27.00, as surveyed by the California Division of Highways, as
said Southwesterly line was established by,that Decree in Condemna-
tion, a certified copy of which Decree was filed for record in the
Office of the Recorder of the County of Santa Clara, State of
California, on 'July 7, 1930, in Book 520 of Official Records, at
Page -571, said monument also marks the point of intersection cf
Raid Southwesterly line with the Southeasterly line of that certain
X2$9 -sore tract of.larad described in the Deed from Evelyn C. Crosby,
et al, to Leland Stanford, dated September 8, 1885, and recorded
September 8,1883, in Book 80 of Deeds at page 382, Santa Clara
County Records, running thence North 56°39' West along said South-
westerly line of El Camino Real for a distance of 2125.19 feet to
a oonearete monument set at the point of intersection thereof with
the oenteeline of Page Mill Road (60 feet wide); thence along the
centerline of Page Mill Road South 33°28'37" Weat 4441.57 feet to
a 3/4 -inch iron pipe; thence South 33' 18'37" West 689.52 feat;
thence at right angles Northwesterly 90.00 feet to a point upon
the Northwesterly line of PTee Mill Road as widened to 120 feat,
said last-named point being the true point of beginning of the
pareel to be described, said true point of beginning being directly
over a 30 -inch concrete and steel cylinder water main; thence FROM
SAID flU£ POINT 07 BEGINNIW North 54'47'51" Nast 1245.90 feet to
the Southeasterly line of that certain parcel described in "Amend-
ment to Lease" dated August 15, 1959, between the Board of Trestees
of Leland Stanford Junior University, Lessor, and the City of Palo
Alto, California, a municipal corporation, Lessee; thence continuing
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North 54°42'51" West 22.91 feet to an eagle point; thence \neih 57'
27'16" West 77.11 Feet to a point on the Nnrtheasterly lino of said
parcel described in said "Amendment to Lease"; thence continuing
North 57"27'•ill" West 105.68 feet to an angle point; thence North
H9°13'.1U" West 416.15 feet to a point on the Easterly life of
Stanford Avenue, as shown on the map of the Extension of Stanford
Avenue, prepared by Santa Clara County Surveyor Robert B. Chandler,
in f'ebruary 1931 (the prolongation of the last-named course inter-
seets the tangent centerline of Stanford Avenue at a point 121..60
Feet Northeasterly from the centerline EC Station 16+t}2.21 or
Stanford Avenue, as shown on said map prepared by Robert B. Chandler.
SUBJECT TO the terms, covenants, and conditions contained in that:
certain Casement and Agreement between Grantor and Grantee elated
August 1.5, 1958 and recorded -in Book 4440, at Page 73, of Official
Records of the County of Santa Clara, State of California (Recorder's
Serial. No. 164320).
IN WITNESS WHEREOF, Grantor has caused its name and seal to be
hereunto subscribed and affixed by its officer thereunto duly author-
ized, this 22nd day of April, 1966.
STATE OF CALIFORNIA
) ss.
County of Santa Clara
THE BOARD OF TRUSTEES or THE
LELAND STANFORD JUNIOR UNIVERSITY
D
A. E. Brandin
Its Vice President for Business Affairs
On this 02421 day of atAcS, , 1966, before me, Daryl
Craig Dawson, a Notary Public of the State of California, duly com-
missioned and sworn, with my principal office in the County of Santa
Clara, personally appeared A. E. BRANDIN, known to me to be the Viee
President for Business Affairs of the body having corporate powers
that executed the within instrument, and known to me to be the person
who executed the within instrument on behalf of the body having,
corporate powers therein named, and acknowledged to me that such
body having corporate powers executed the same.
Witness my hand and official� 1.
DAR L CR:J3 i AwsoN
t'r nee 4n
A C:I.APA CCUNtY
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ARYL CRAB AWSON
My Commission EKp'!es Ott. 20. 3 a6d
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!'l'1Z°26'48' Z:a36.86 • R1b30.00'
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CERTIFICATE OF ACCEPTANCE
This is to certify that the obligations and interest in real
property; :onveyed by the ',3rant of Easement from
T}}e Board •f Trustets o e_ elangi gtax otd Jupjor Un4vgreity
to the ity of Palo to, a municipal corporation, is hereby.
accepted by the undersigned officer on behalf of the Council
p rsuant to authority conferred by resolution of the Council
adopted on December 23, 1957 and the City of Palo Alto consents
to recordation thereof by its duly authorized officer. -
Dated Aug. 22
AFTER RECORDING MAIL TO:
City Clerk
City of Palo Alto
1313 Newell Road
Palo Alto, California
19 66
/s/ George E. Morgan
City Manager
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COPY
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby
acknowledged, the CITY OF PALO ALTO, a municipal corporation
organized and existing under and by virtue of the laws of the
State of California, does hereby remise, release and forever
quitclaim to THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR
UNIVERSITY, a body having corporate powers under the laws of the
State of California, the following described real property in
the City of Palo Alto, County of Santa Clara, State of California:
Ee3inniu3 at a concrete hi,hway nonument set on the Southwesterly
lino of El Canino Real (State Hiahway) o ;.ostte En3incer'a Station 1444
27.00 es surveyed by the California Division of 1Iivhwaya as said south-
westerly line cans established by that Decree in ca4de ation, a certified
cox/ of which Decree vs filed for record in the office of the Recorder
of the County of S.:.nta Clara, State of California, on July 7, 1930 in
Boo:c 520 of Official Records, at pave 571; said monument also narks the
point of intersection of said Southwesterly line with the Southeasterly
lino of that certain 1239 acre tract of land described in the Deed from
Evelyn C. Crosby, et al, to Leland Stanford, dated September 8, 1035,
recorded ScpteMbar 8, 1085 in Book 80 of Deeds, pazo 332, Santa Clara
County Records; running thence north 56° 39' West aloe, said Southwesterly
line of El Gino Real for a distance of 2125.19 feet to a concrete
::snument set at the point of intersection thereof with the center lino of
:a<;o Mill Road (60 feat wide); thence aloe, the center lino of Pate 14i11
Road South 33° 28' 37" West 4441.57 teat to a 3/4 inch iron pipe; thence
South 33° 16' 37" Weat 738.43 feet; thence at rivht anzles Northwesterly
90.00 feet to a point upon the Northwesterly line of Para :111 Road es
caidoned to 120 feet, said last named point bein8 the true point of berieatn ,
said tn:a point of berinniuv being elrectly over a 30" concrete and steel
cylineer water rain; thence U. 54° 41' 24" W. 1156 feet, Wore or less, to
a point Which bears W. 82° 03' 8..125.18 feat from the most Easterly cor-
net of a 209.5 foot square reservoir; thence N. 56' 34' 24" V. 282.2 :Jet
to a point which boars N. 36° 52' p. 97.05 feet from the =oat Northerly
corner of said reservoir; thence N. 89° 41' 24" W. 450 feet, more or less,
to a point an the Eautorly lino of Stanford Avenue, Paid last named course
proionzed intersects the t n ont crater line of Stanford Avenue at a point
111.41 feet Northeasterly (called N. 43' 354x' E. on the followin" described
sap) from center lino S. C. nation 16? 42.24 as shove on the map of the
=tension of Stanford Avenue prepared by Santa Clara County Surveyor Robert
B. Chandler in February, 1931.
Dated 8/16/
, 1966.
CITY OF PALO ALTO
By /a/ Wrn. P. Rua.
Its Vice Mayor
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STATE OF CALIFORNIA )
) ss.
County of Santa Clara )
On this day of L . .,fir , 1966, before
me , _ r� > e'S 4 Notary Public of
the State •f all ornia, duly commissioned and sworn, with my
principal office in the Coinnty of Santa Clara, personally
appeared Za,//, �/ . .o„/ , known to me to
be the Y, La.. j� 0-'t, of the
CITY OF PALO ALTO, a municipal ;?Pet-do
described in and
that executed the within and foregoing instrument, and also
known to me to be the person who executed the within and
foregoing instrument on behalf of the said City, and acknow-
ledged to me that said City executed the same.
Witness my hand and official seal.
r7 � it s r. E5C ; �±:.CHos S
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C � % SANTA CLARA COUNTY
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My Ccdrimissioss Expir3s March 27, :970