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Home My WebLink AboutRESO 10128Recorded at no charge in accordance with Streets & Highways Code Section 8336 at the request of and when recorded return to: City of Palo Alto Real Estate Division 250 Hamilton Avenue Palo Alto, CA 94301 SPACE ABOVE LINE FOR RECORDER’S USE APN: 120-12-011 Address: 160, 162, and 164 Waverley Street, Palo Alto, CA 94301 SUMMARY VACATION RESOLUTION NO. 10128 Resolution of the Council of the City of Palo Alto Summarily Vacating a Public Service Easement at 160, 162, and 164 Waverley Street, Palo Alto, CA RECITALS A. Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement in any of the following cases: (a) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and B. The City of Palo Alto accepted and recorded a Deed on the property located at 160, 162, and 164 Waverley, Palo Alto, CA 94301, for public utility purposes, dated April 24, 1959, in Book 4400, page 552 of Santa Clara County Office Records; and C. The City of Palo Alto Utilities Department has evaluated and determined that the public utilities easement located on the property at160, 162, and 164 Waverley Street Palo Alto, CA 94301 is excess.; and D. The City Council of the City of Palo Alto intends to summarily vacate the public service easement as more particularly described in Exhibit “A” attached to this resolution and depicted on the plat map attached as Exhibit “B” to this resolution; and The City Council of the City of Palo Alto does hereby RESOLVES 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 8333 et. seq. DocuSign Envelope ID: ABA80C9B-286C-4F23-9364-74D9AA8474D2 1. The public service easement described herein on Exhibit “A” and depicted on the plat map attached as Exhibit “B” is excess; and 2. There are no other public facilities located within the easement. 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 easement as shown on the said Exhibits “A” and “B” shall be summarily vacated. SECTION 3. The City Clerk, acting by and through the Real Property Manager, is hereby directed to record at the Santa Clara County Clerk-Recorder’s Office a certified copy of this Resolution, including the Map. SECTION 4. The public service easement for utilities and incidental purposes described in Exhibit “A” and depicted in the plat map attached as Exhibit “B” will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. // // // // // // // // // // // DocuSign Envelope ID: ABA80C9B-286C-4F23-9364-74D9AA8474D2 SECTION 5. The Council finds that the summary vacation of the public service 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: October 16, 2023 PASSED: October 16, 2023 AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Administrative Services DocuSign Envelope ID: ABA80C9B-286C-4F23-9364-74D9AA8474D2 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATING PUBLIC UTILITY EASEMENT 160-164 WAVERLEY STREET, PALO ALTO, CALIFORNIA All that certain real property, situate in the City of Palo Alto, County of Santa Clara, State of California, being a portion of the Lands of 160-164 Waverley, LLC as described in that certain deed recorded December 6, 2016 as Instrument No. 23519739, Official Records of Santa Clara County, as shown on Exhibit "B" made a part hereof, more particularly described as follows: Beginning at a point on the Southwesterly line of Waverley Street (60 feet wide) distant thereon 100.0 feet Southeasterly from the point of intersection thereof with the Northwesterly line of Lot 6, Block 17, University Park, a map of which was recorded February 27, 1889, in Book 'D' of Maps at page 69, Official Records of Santa Clara County, California; thence Southwesterly, parallel to said Northwesterly line 185.0 feet; thence Southeasterly at right angles 5.0 feet; thence Northeasterly, parallel to the Northwesterly line of said Lot, 185.00 feet to said Southwesterly line of Waverley Street; thence Northwesterly, along said Southwesterly line 5.0 feet to the Point of Beginning, being a portion of said Lot 6. Abandoning a 5.0 foot Public Utility Easement recorded as Instrument No. 1624400 Official Records of Santa Clara County. Containing 925 square feet, more or less. END OF DESCRIPTION N:\projects\2020_JOBS\2201312 SU\SUBM!TTAL PACKAGE EASEMENT\l.0 PLAT AND LEGAL\2201312 EASEMENT TO VACATE PUEl.docx Page 1 of2 DocuSign Envelope ID: ABA80C9B-286C-4F23-9364-74D9AA8474D2 Exhibit B POINT OF COMMENCEMENT SOUTHWEST CORNER OF LOT 6, BLOCK 17, D MAPS 69 VICINITY MAP NO SCALE LANDS OF WEISER LIVING lRUST DOC. 244056n 5.00' PUBLIC UTILITY EASEMENT, TO BE VACATED CONTAINING 925± SQ.FT. (DOC. 1624400) s3a·1a·oo"w PARCEL ONE LANDS OF THE WAVERLEY LLC DOC. 23519739 15 30 60 I ' SCALE: 1" = 30' b 0 ci 0.... =LL.I 0 0 °N .,.-.. .:.t.". LO 0 V) ..c o_, µQ µQ r:n :3 µQ /& !- ! · BAY AREA REGION SACRAMENTO REGION 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300 HAYWARD, CALFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION TO VACATE PUBIJC UTIIJTY EASEMENT 160-164 WAVERLEY STREET, PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA JOB NO 2201312 SCALE: 1"= 30' DRAWN BY: ON PAGE 2 OF 2 JULY 2022 DocuSign Envelope ID: ABA80C9B-286C-4F23-9364-74D9AA8474D2 Certificate Of Completion Envelope Id: ABA80C9B286C4F23936474D9AA8474D2 Status: Completed Subject: DocuSign: Resolution 10128 - Vacating Public Service Easement Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Vinhloc Nguyen AutoNav: Enabled EnvelopeId Stamping: Enabled 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 Record Tracking Status: Original 10/18/2023 4:28:15 PM Holder: Vinhloc Nguyen Vinhloc.Nguyen@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Jennifer Fine Jennifer.Fine@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 10/18/2023 4:31:43 PM Viewed: 10/18/2023 4:32:28 PM Signed: 10/18/2023 4:33:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 98.234.160.19 Sent: 10/18/2023 4:33:02 PM Resent: 10/23/2023 12:50:12 PM Resent: 10/25/2023 11:04:43 AM Viewed: 10/25/2023 3:36:32 PM Signed: 10/25/2023 3:36:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.252.152.117 Sent: 10/25/2023 3:36:39 PM Viewed: 10/26/2023 6:08:56 AM Signed: 10/26/2023 6:09:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lydia Kou Lydia.kou@cityofpaloalto.org Council Member Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 24.130.158.24 Signed using mobile Sent: 10/26/2023 6:09:04 AM Viewed: 10/26/2023 9:36:51 AM Signed: 10/26/2023 9:37:27 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Interim City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.162.194.153 Sent: 10/26/2023 9:37:28 AM Resent: 10/27/2023 8:20:39 AM Viewed: 10/27/2023 8:31:18 AM Signed: 10/27/2023 8:31:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/18/2023 4:31:43 PM Certified Delivered Security Checked 10/27/2023 8:31:18 AM Signing Complete Security Checked 10/27/2023 8:31:58 AM Completed Security Checked 10/27/2023 8:31:58 AM Payment Events Status Timestamps