HomeMy WebLinkAboutRESO 10066255_20220726_ts24 1
Resolution No. 10066
Resolution of the Council of the City of Palo Alto Approving a Summary Vacation
of a Portion of the Newell Road Right-Of-Way Adjacent to 1499 Edgewood Drive
Upon Completion of the Newell Road Bridge Replacement Project
R E C I T A L S
1.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
2.The City Council of the City of Palo Alto at its January 14, 1929 meeting and by Resolution
No. 710 accepted the dedication of Newell Road as shown on Crescent Park, Map No. 2, as a
public street of the City of Palo Alto; and
3.Section 8335 of the Streets and Highways Code authorizes the City Council to vacate a
street, highway, or public service easement by adopting a resolution of vacation.
4.The City Council intends, through this Resolution, to summarily vacate the portion of
right-of-way received for street purposes as more particularly described as the “Vacation Area”
in the legal description attached as Exhibit “A” to this resolution and depicted on the plat map
attached as Exhibit “B” to this resolution. The area shall be vacated upon completion of the
Newell Road Bridge Replacement Project as evidenced by the City’s issuance of a notice of
completion.
5.The City Council finds that the proposed vacation meets the following findings in
compliance with Streets and Highways Code section 8330 et seq. for a summary vacation:
a.The Vacation Area described herein on Exhibit “A” and depicted on the plat map
attached as Exhibit “B” is excess right-of-way not required for street purposes as it
has not been improved and has never been used for street purposes since it was
acquired in 1929 and is not necessary now or in the future for the proper functioning
of Newell Road; and
b.No public facilities are located within the Vacation Area as shown on attached said
Exhibits “A” and “B” that would be affected by a summary vacation; and
c.The right-of-way, in the area to be vacated, is not needed for present or prospective
public facilities other than potentially temporarily the Newell Road Bridge
Replacement Project construction; and
DocuSign Envelope ID: 6421C2B2-6F32-47E5-A278-A0B8AE8BB1E5
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d.The public convenience and necessity do not require reservation of any portion of the
street right-of-way, in the area to be vacated; and
e.The street right-of-way to be vacated is not useful as a non-motorized transportation
facility; and
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals
as findings of the Council.
SECTION 2. Vacation Approved. As permitted by Streets and Highways Code section
8335, the City Council hereby vacates the right-of-way indicated as “Vacation Area” detailed in
Exhibits “A” and “B” to this resolution, effective upon the City’s issuance of a notice-of-
completion for the Newell Road Bridge Replacement Project. The City Clerk is directed to cause
a certified copy of this resolution to be recorded in compliance with Streets and Highways Code
8336 upon the City’s issuance of a notice of completion for the Newell Road Bridge Replacement
Project.
SECTION 3. Upon approval and recordation of the vacation, Encroachment Permit E-
2281 approved on March 30, 1998 shall be terminated.
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SECTION 4. The Council finds that this Resolution is categorically exempt under the
California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as
a minor alteration in land use limitations.
INTRODUCED: August 15, 2022
PASSED: August 15, 2022
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Administrative Services
_____________________________
Real Property Manager
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Subject: Please DocuSign: RESO 10066.pdf
Source Envelope:
Document Pages: 5 Signatures: 8 Envelope Originator:
Certificate Pages: 3 Initials: 0 Vinhloc Nguyen
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
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Vinhloc.Nguyen@CityofPaloAlto.org
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Tim Shimizu
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Assistant City Attorney
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Sunny Tong
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Real Property Manager
City of Palo Alto
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Kiely Nose
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Director, Administrative Services/CFO
City of Palo Alto
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Philip Kamhi
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Chief Transportation Official
City of Palo Alto
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Brad Eggleston
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Director of Public Works
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Pat Burt
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Mr
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Lesley Milton
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City Clerk
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