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HomeMy WebLinkAboutRESO 10169Recorded 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: 008-03-084Address: 1700 Embarcadero Road,Palo Alto, CA 94303 SUMMARY VACATION RESOLUTION NO. 10169 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT AT 1700 EMBARCADERO ROAD, PALO ALTO, CA 94303 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 ) 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preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated April 30, 1969, in Book 8517 of Official Records of Santa Clara County, page 596; and WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated May 15, 1969, in Book 8535 of Official Records of Santa Clara County Records, page 632; and WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated March 6, 1968, in Book 8047 of Official Records of Santa Clara County, page 634; and WHEREAS, the City of Palo Alto accepted and, on June 4, 2024, sent for recording a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, (“Superseding Easement”); and DocuSign Envelope ID: 64D1EDE1-1681-4291-A989-EC77DF78A137 WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that upon the recording of the Superseding Easement, a portion of the preexisting public utilities easements located on the property at1700 Embarcadero, Palo Alto, CA 94303 will be excess and may be superseded by relocation; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portion of public service easements as more particularly described in Exhibit “A” attached to this resolution and depicted on the plat map attached as Exhibit “B” to this resolution upon the recording of the Superseding Easement; 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 8333 et. seq. 1. Upon recording of the Superseding Easement, the portions of the public service easements described herein on Exhibit “A” and depicted on the plat map attached as Exhibit “B” will be excess; and 2. Will be superseded by relocation. 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 portion of public service easements as shown on the said Exhibits “A” and “B” shall be summarily vacated upon the recording of the Superseding Easement. 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 at a time after the Superseding Easement has been recorded. SECTION 4. The portion of 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: 64D1EDE1-1681-4291-A989-EC77DF78A137 SECTION 5. Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). INTRODUCED: June 17, 2024 PASSED: June 17, 2024 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: 64D1EDE1-1681-4291-A989-EC77DF78A137 Certificate Of Completion Envelope Id: 64D1EDE116814291A989EC77DF78A137 Status: Completed Subject: Docusign: Resolution 10169 - 1700 Embarcadero Road Easement Source Envelope: Document Pages: 3 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 6/20/2024 5:16:46 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: 6/20/2024 5:19:35 PM Viewed: 6/20/2024 5:20:14 PM Signed: 6/20/2024 5:20:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lauren Lai lauren.lai@cityofpaloalto.org Director Administrative Services/CFO COPA Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.198.223.128 Sent: 6/20/2024 5:20:22 PM Viewed: 7/1/2024 9:28:32 AM Signed: 7/1/2024 9:28:43 AM 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: 7/1/2024 9:28:44 AM Viewed: 7/1/2024 1:49:55 PM Signed: 7/1/2024 1:50:02 PM 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: 46.193.128.104 Sent: 7/1/2024 1:50:03 PM Viewed: 7/2/2024 6:41:41 AM Signed: 7/2/2024 6:41:50 AM 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: 73.241.64.7 Sent: 7/2/2024 6:41:51 AM Viewed: 7/2/2024 8:39:30 AM Signed: 7/2/2024 8:39:46 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 6/20/2024 5:19:35 PM Certified Delivered Security Checked 7/2/2024 8:39:30 AM Signing Complete Security Checked 7/2/2024 8:39:46 AM Completed Security Checked 7/2/2024 8:39:46 AM Payment Events Status Timestamps