HomeMy WebLinkAboutRESO 10218Recorded 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: 147-28-011 and 012Address: 318 Ferne Avenue and4120 Mackay DrivePalo Alto, CA 94306
SUMMARY VACATION RESOLUTION NO. 10218
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PUBLIC SERVICE EASEMENT AT 318 FERNE AVENUE AND 4120 MACKAY DRIVE, 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) 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superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and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, an easement on the property located at 318 Ferne Avenue and 4120 Mackay Drive, Palo Alto, CA 94306, was dedicated for public utility purposes as shown on the
map recorded on November 18, 1953, in Book 46, page 31 of Santa Clara County Office Records; and
WHEREAS, the City of Palo Alto Utilities Department and Planning Department have evaluated and determined that the public utilities easement located on the property at 318 Ferne
Avenue and 4120 Mackay Drive, Palo Alto, CA 94306 is excess and can be superseded by relocation; and
WHEREAS, 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
NOW, THEREFORE, the City Council does hereby RESOLVE as follows:
Docusign Envelope ID: D2487716-F974-4CC0-8C9F-D4E06E2D60F1
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. The public
service easement described herein on Exhibit “A” and depicted on the plat map attached as Exhibit
“B” is excess and has been superseded by relocation.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 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 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.
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:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________ Director of Administrative Services
MARCH 3, 2025
MARCH 3, 2025
BURT, LAUING, LU, RECKDAHL, STONE, VEENKER
LYTHCOTT-HAIMS
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Certificate Of Completion
Envelope Id: D2487716-F974-4CC0-8C9F-D4E06E2D60F1 Status: Completed
Subject: RESO 10218 - Vacating an Easement at 318 Ferne Avenue and 4120 Mackay Drive
Source Envelope:
Document Pages: 4 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
3/5/2025 4:15:51 PM
Holder: Christine Prior
Christine.Prior@CityofPaloAlto.org
Location: DocuSign
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Signer Events Signature Timestamp
Jennifer Fine
jennifer.fine@cityofpaloalto.org
Deputy City Attorney
COPA
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Lauren Lai
Lauren.Lai@CityofPaloAlto.org
Director Administrative Services/CFO
COPA
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Signed: 3/5/2025 5:20:49 PM
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
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Ed Lauing
Ed.Lauing@CityofPaloAlto.org
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Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
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Signed: 3/8/2025 11:03:14 PM
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Envelope Sent Hashed/Encrypted 3/5/2025 4:18:22 PM
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