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Home My WebLink AboutRESO 10146Recorded 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: 124-12-034Address: Castilleja School1263 Emerson Street and220 Embarcadero Road (a.k.a. 1310 Bryant Street)Palo Alto, CA 94301 SUMMARY VACATION RESOLUTION NO. 10146 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING AND RELOCATING A PUBLIC SERVICE EASEMENT AT THE CASTILLEJA SCHOOL, 1263 EMERSON STREET AND 220 EMBARCADERO ROAD (A.K.A. 1310 BRYANT STREET), PALO ALTO, CA WHEREAS, 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) t he 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preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, under that certain General Vacation, Resolution No. 7086, recorded as Recording Number 11386298, Book M218, Page 0593 of Official Records of Santa Clara County, the City of Palo Alto reserved a 25-foot easement for public utilities purposes benefitting the City, and any right necessary to construct, maintain, operate, replace, remove, renew or enlarge any underground public utility facilities, existing overhead public utility facilities, sanitary sewers, storm drains and appurtenant structures in, upon, over, under or across the easement area; and WHEREAS, in connection with that certain ACTION NO. 2022-02 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION 1310 BRYANT STREET (CASTILLEJA) ARCHITECTURAL REVIEW 19PLN-00116 WITH PARKING ADJUSTMENT CONDITIONAL USE PERMIT AND VARIANCE 16PLN-00238, the City imposed Condition 28 (EASEMENT RELOCATION): “Applicant shall relocate the existing 25- DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 foot Public Utility Easement (PUE) to be within the boundaries of the driveway that is proposed near the Emerson Street and Melville Avenue intersection”; and WHEREAS, the City Council of the City of Palo Alto intends to approve the Easement Relocation Agreement in Attachment “A” attached to this resolution to accept the relocated easement and summarily vacate the existing easement as more particularly described and depicted in the exhibits of that agreement; 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 public service easement described on Exhibit “A” and depicted on the plat map asExhibit “B” of Attachment “A” (Easement Relocation Agreement) will be superseded byrelocation as described on Exhibit “C” and depicted on the plat map as Exhibit “D”; and 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 public service easement as shown on the said Exhibits “A” and “B” of Attachment “A” shall be summarily vacated and relocated as shown on the said Exhibits “C” and “D” of Attachment “A”. 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 Maps. SECTION 4. The public service easement for utilities and incidental purposes described in Exhibit “A” and depicted in the plat map as Exhibit “B” in Attachment “A” will be relocated to the area described in Exhibit “C” and depicted in the plat map as Exhibit “D” in Attachment “A” from and after the date of recordation of the documents identified in Section 3 of this Resolution. // // // // // DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 SECTION 5. Council action to relocate the public service easement is within the scope of the Environmental Impact Report prepared for the Castilleja School Project and adopted by the Council on June 6, 2022 (SCH #2017012052). INTRODUCED: January 22, 2024 PASSED: January 22, 2024 AYES: BURT, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER NOES: KOU ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Administrative Services DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 DocuSign Envelope ID: B78983A4-73B9-4455-AA86-65A020D93093 Certificate Of Completion Envelope Id: B78983A473B94455AA8665A020D93093 Status: Completed Subject: DocuSign: RESO 10146 - Summary Vacation Resolution.pdf Source Envelope: Document Pages: 11 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 2/13/2024 3:47:08 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: 2/13/2024 3:48:48 PM Viewed: 2/14/2024 9:36:36 AM Signed: 2/14/2024 9:36:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Assistant City Manager/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 2/14/2024 9:36:46 AM Resent: 2/21/2024 1:54:38 PM Viewed: 2/21/2024 3:21:24 PM Signed: 2/21/2024 3:21:33 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: 199.33.32.254 Sent: 2/21/2024 3:21:35 PM Viewed: 2/22/2024 9:27:50 AM Signed: 2/22/2024 9:28:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greer Stone greer.stone@cityofpaloalto.org Vice Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.185.159.236 Sent: 2/22/2024 9:28:51 AM Viewed: 2/27/2024 2:31:30 PM Signed: 2/27/2024 2:31:47 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 2/27/2024 2:31:48 PM Viewed: 2/27/2024 2:33:43 PM Signed: 2/27/2024 2:33:54 PM 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 Sunny Tong Sunny.Tong@CityofPaloAlto.org Real Property Manager City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 2/27/2024 2:33:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/13/2024 3:48:48 PM Envelope Updated Security Checked 2/21/2024 1:55:33 PM Certified Delivered Security Checked 2/27/2024 2:33:43 PM Signing Complete Security Checked 2/27/2024 2:33:54 PM Completed Security Checked 2/27/2024 2:33:56 PM Payment Events Status Timestamps