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HomeMy WebLinkAbout1996-05-06 City Council (16)City of Palo Alto City Manager’s Summary Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES AGENDA DATE: MAY 6, 1996 CMR:248:96 SUBJECT:GRANT OF AIRPORT SAFETY ZONE EASEMENT TO THE COUNTY OF SANTA CLARA FOR THE BENEFIT OF THE PALO ALTO AIRPORT REQUEST: This report requests Council approval of the attached airport safety zone easement between the City of Palo Alto and the County of Santa Clara, for an easement above the City-owned tidal marsh prope .rty, commonly known as the Faber/Laumeister Preserve, located at the north end of the Palo Alto Airport. RECOMMENDATION: Staff recommends that Council authorize the Mayor to execute the attached easement between the City of Palo Alto and the County of Santa Clara. POLICY IMPLICATIONS: Granting the easement improves the level of safety at the airport by restricting development on the open space preserve. Granting the easement would be consistent with current City policy to improve safety and restrict development on dedicated park land. EXECUTIVE SUMMARY: The Airport Land Use Committee and the County of Santa Clara’s Transportation Agency have jointly requested the City to grant an airport safety zone easement at the north end of the runway at the Palo Alto Airport. The easement would extend out over the City-owned Faber/Laumeister Preserve in San Mateo County. CMR:248:96 Page 1 of 6 FISCAL IMPACT: None. ENVIRONMENTAL ASSESSMENT: The granting of this easemem represents an addition of a safety navigational protection and will not expand the use beyond that which previously existed; therefore, it carries a Class I existing facility exemption under Section 15301 of the Califomia Environmental Quality Act (CEQA). ATTACHMENTS: Attachment A- Proposed Airport Safety Zone Easement PREPARED BY: William W. Fellman, Manager, Real Property DEPARTMENT HEAD APPROVAL: Deputy City Manager, Administrative Services CITY MANAGER APPROVAL: Fleering "/ ~/~ Manager CC:Larry Feldman, Director of Aviation, Santa Clara County/Santa Clara County airport Land Use Commission James P. Thurber Sr., Santa Clara County Airports Commissioner Nick Petredis, Chairman, Joint Community Relations Committee for the P.A. Airport CMR:248:96 Page 2 of 6 City City of Palo Alto Manager’s Report GRANT OF AIRPORT SAFETY ZONE EASEMENT TO TI~ COUNTY OF SANTA CLARA FOR THE BENEFIT OF THE PALO ALTO AIRPORT RECOMMENDATION: This report requests Council approval of the attached airport safety zone easement between the City of Palo Alto and the County of Santa Clara, for an easement above the City-owned tidal marsh property in San Mateo County commonly known as the Faber/Laumeister Preserve. BACKGROUND: In 1970, the State of California mandated the creation of an Airport Land Use Commission in each county that had an airport used by thegeneral public. In 1971, the County Board of Supervisors and the Select Committee of Mayors designated the Planning Policy Committee, an existing decision-making body with representation from 15 cities and the County, to be the Airport Land Use Commission (ALUC) for Santa Clara County. The ALUC is charged with protecting the public health, safety, and welfare by minimizing the public’s exposure to safety hazards in areas surrounding public airports. Establishing and enforcing safety restrictions around the airports is a cooperative undertaking by the Federal Aviation Administration and the affected jurisdictions. In 1973, the ALUC developed a policy plan for the review and approval of new land uses in the vicinity of the County’s airports. The plan was updated in 1992. Included in the updated version of the policy plan was reference to the ALUC’s establishing safety zones at the end of each runway. The safety zones are based on historical data and a demonstrated pattern of aircraft accidents around similar airports. The safety zones are comprised of an inner and outer area and are designed to complement the type of aircraft that uses the particular facility. The safety zone at the southerly end of the Palo Alto Airport meets the ALUC’s requirements. Its inner zone extends out from the end of the runway a distance of 1,500 feet, and the outer safety zone to a distance of 3,500 feet. However, the safety zone at the northerly end of the Palo Alto Airport’s runway extends only 200 to 300 feet. This variation is due to the County boundary, which follows San Francisquito Creek. The ALUC policy plan noted that efforts were being made to secure an easement in San Mateo County and to clarify land use jurisdiction authority across County boundaries. CMR:248:96 Page 3 of 6 In 1993, staff received a letter from the Director of Aviation of the Santa Clara Transportation Agency (SCTA), citing the ALUC’s concern and requesting the City grant a safety zone easement at the north end of the Palo Alto Airport that would be consistent with the safety zone easement at the south end of the Airport. In 1994 and 1995, a map.and description were prepared and a draft of the easement was reviewed and recommended for approval by SCTA and City staff. On February 8, 1996, SCTA’s Director of Aviation and a City staff representative met with the Director of Public Works/Planning of East Palo Alto. to discuss the proposed safety zone easement as it related to East Palo Alto’s "sphere of influence." The representative from East Palo Alto was receptive to the location and had no objection to the City granting the easement. Staff had also discussed the safety zone easement with the U. S. Fish and Wildlife Service Department, prior to entering into a cooperative agreement with the Department for management of the Faber/Laumeister preserve. They understood the need for the safety zone easement and were supportive, because the easement would limit development on the Preserve. DISCUSSION: The proposed easement (see map on next page) describes an existing "clear zone approach" (parcel 1) and creates an inner (parcel 2) and an outer (parcel 3) safety clear zone approach zones. The inner zone extends out from the north end of the airport runway approximately 1,100 feet; and the outer zone extends an additional 2,000 feet. The majority of the easement is 1,500 feet wide, extending out in the shape of a trapezoid at a 20-foot to 1-foot slope as it leaves the Airport. (At the 1,100 foot north end of the inner zone, the easement would be 65 feet above the surface; and at the 3,100 foot end of the outer zone, it would be 165 feet above the surface.) Combined, the inner and outer safety zones cover approximately 110 acres above the 206-acre Faber/Laumeister Preserve. CMR:248:96 Page 4 of 6 51°35’00 1500.00 1500.00 - ./ Z CM~:248:96 Page 5 of 6 The easement would give the County, on behalf of the general public, the right to 1) fly aircraft into, within and out of the air space above the property, as described, and 2) the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects, which extend into or above the described area of the easement. In return for the easement, the County would exercise its best efforts to control and prohibit any aircraft operations at the Palo Alto Airport which violated Federal, State or City noise provisions. Granting the easement does not waive the City’s right against any negligent or unlawful aircraft operator, nor does it waive the City’s fight for damages sustained as a result of an aircraft incident or objects falling from aircraft flying over the property. Granting the easement would prohibit the City from constructing, or permitting the construction of, or the growth of any structure, tree or other natural or man-made objects, that would penetrate the easement, causing an obstruction or hazard to air navigation. Granting the easement also creates a defined safety zone and coincides with the City’s goal to protect the Fauber/Laumeister Preserve against furore development. The easement will terminate when and if the Palo Alto Airport property is no longer used for airport purposes. Granting this easement will not interfere with pedestrians, equestrians and bicyclists wishing to use the trail system atop the levee at the end of the runway. FISCAL IMPACT: None. ENVIRONMENTAL ASSESSMENT: The granting of this easement represents an addition of a safety navigational protection and will not expand the use beyond that which was previously the case; therefore, it carries a class I existing facility exemption under Section 15301 of the California Environmental Quality Act (CEQA). STEPS FOLLOWING APPROVAL: The Airport Safety Zone Easement will be forwarded to the Santa Clara County Board of Supervisors, for its review and approval. The document will then be transmitted to the San Mateo County for recording as a public record. CMR:248:96 Page 6 of 6 ATTACHMENT A AIRPORT SAFETY ZONE EASEMENT Recorded at no charge in accordance with Government Code Section 6103 at the request of, and when recorded return to: City of Palo Alto/Rea! 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Estate SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY A.P. No.: 063-580-090 Parcel No.: AE 27/14-95/6 Project: Airport Clear Zone AIRPORT SAFETY ZONE EASEMENT THIS EASEMENT is made and entered into as of ,1995, by and between THE CITY OF PALO ALTO, a municipal corporation ("GRANTOR") and the COUNTY OF SANTA CLARA, a political subdivision of the State of California, ("GRANTEE"). RECITALS A. GRANTEE is the lessee of certain real property, commonly known as the Palo Alto Airport, situated in the County of Santa Clara, State of California, as shown in Exhibit A, attached hereto, and incorporated herein by reference. GRANTOR is the owner and landlord of the property shown in Exhibit A. Under a lease, dated April 5, 1967, GRANTEE operates the Palo Alto Airport as a Level 2 General Aviation Airport, as defined in the Federal Aviation Regulations. For purposes of this easement the Palo Alto Airport property is the dominant tenement. B. GRANTOR is the owner in fee of certain real property situated in the County of San Mateo, State of California, as shown in Exhibit B attached hereto, and incorporated herein by reference (the "GRANTOR PROPERTY"), which lies immediately north of the Palo Alto Airport. For purposes of this easement, the GRANTOR PROPERTY is the servient tenement. C. GRANTOR and GRANTEE wish to establish the terms and conditions of an easement as shown in Exhibit C-1 and C-2 described in Exhibits (2-3, C-4, and C-5 attached hereto, and incorporated herein by reference (the "EASEMENT"). The EASEMENT is granted so aircraft that use the Palo Alto Airport may use the airspace over and above the GRANTOR PROPERTY. This EASEMENT is granted pursuant to the following terms and conditions: 1.GRANT OF EASEMENT GRANTOR grants to GRANTEE, its successors and assigns, a non-exclusive EASEMENT in the air space over the GRANTOR PROPERTY, as described in Exhibits C-3, C-4 and C-5 hereto, on the terms and conditions stated herein for so long as the Palo Alto Airport property is used for airport purposes. The EASEMENT is appurtenant to the Palo Alto Airport property. (See Exhibit C-l). 2. PURPOSE OF THE EASEMENT The purpose of the EASEMENT is to create a clear zone and a safety zone to allow for the free and unobstructed passage and flight of operationally compatible aircraft using the Palo Alto Airport, in, through, and across the airspace over the GRANTOR PROPERTY, and (2) to provide notice to GRANTOR and any future owners of the GRANTOR PROPERTY that the property is located in the vicinity of the Palo Alto Airport and may be subject to impacts of aircraft operations at such airport. For purposes of this easement, "operationally compatible aircraft" shall mean those aircraft which are operationally compatible with a Level 2 General Aviation Airport, as defined in Federal Aviation Regulations. 3. RIGHTS GRANTED Subject to the limitations in paragraph 4, below, this easement grants to GRANTEE for the benefit of the general public: (a) the right to fly aircraft into, within and out of the air space above the GRANTOR PROPERTY; and (b) the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects, which extend into or above the described area of the EASEMENT. 4. GRANTEE’S OBLIGATIONS GRANTEE shall exercise its best efforts to control and prohibit such aircraft operations at the Palo Alto Airport which: (a) are in violation of applicable Federal noise abatement regulations or operational and noise abatement flight procedures, applicable to operationally compatible aircraft; or (b) cause noise impacts in violation of applicable California law; or (c) are in violation of the noise impact provisions contained in the City of Palo Alto Municipal Code. A violation or violations of the noise standards set forth in this paragraph shall not operate to invalidate this easement or any provision of this easement or relieve GRANTOR from complying with the provisions of this easement. 5. GRANTOR’S OBLIGATIONS GRANTOR shall not construct, nor permit the construction of, nor permit the growth of, any structure, tree or other natural or man-made object, that (a) penetrates an approved transitional, horizontal or approach surface (hereafter "Prohibited Zone") such as to constitute an obstruction or hazard to air navigation or Co) obstructs or interferes with the use of the air space in’the EASEMENT and right of way granted herein, or (c) makes it difficult for pilots to distinguish between airport lights and other lights, or (d) impairs visibility in the vicinity of the Palo Alto Airport. (See Exhibit C) 6. P~SERVATION OF RIGHTS AGAINST UNLAWFUL OPERATION (a) This grant of easement shall not operate to deprive GRANTOR, and GRANTOR’S successors or assigns, of any rights that it may have against any operator of aircraft for the negligent or unlawful operation of aircraft as such operation may effect the GRANTOR PROPERTY. (b) This grant of easement does not waive any claim by GRANTOR or GRANTOR’S successors or assigns, or by any person lawfully on the GRANTOR PROPERTY, for damages for personal injury or damage to personal or real property sustained as a result of an aircraft incident or from objects falling from aircraft flying over the GRANTOR PROPERTY. 7. EASEMENT RUNS WITH THE LAND The easement described herein shall run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the GRANTOR. The easement burdens the GRANTOR PROPERTY for the benefit of the Palo Alto Airport. 8. TERMINATION This grant of EASEMENT, shall continue in effect until the Palo Alto Airport shall be permanently abandoned and shall cease to be used for public airport purposes. Upon termination of the Easement GRANTEE shall make, execute, acknowledge, and deliver to GRANTOR all right, title, and interest herein conveyed to GRANTEE as to the EASEMENT. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed by their respective officers as of the day and year first above written. CITY OF PALO ALTO, GRANTOR MAYOR APPROVALS APPROVED AS TO FORM:APPROVED AS TO CONTENT: CITY ATTORNEY MANAGER, REAL PROPERTY APPROVED AS TO DESCRIPTION: SURVEYOR Safety Zone Easemem Palo Alto Airport Grantor: City of Palo Alto File No.: CERTIFICATE OF ACCEPTANCE (GOVT. CODE, SECTION 27281) This is to certify that the interest in real property conveyed by the within and foregoing deed or grant to the County of Santa Clara is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the County of Santa Clara, and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on ,1996. By Chairperson, Board of Supervisors ATTEST: Phyllis A. Perez Clerk of the Board of Supervisors APPROVED AS TO FORM & LEGALITY: William I. Anderson Chief Deputy County Counsel / / RUNNYMEDE ST. //"\\ c ~PARCEL 5 \\ ~AFTEY CLEAR ZONE APPRC)ACH AREA ~oo r-SEE DETAIL A \I (EXHIBIT "C2") "\ I f-P.O.B. PARCEL 3 ’\’ I POINT "B" \,~, / / EXHIBIT "C1" DRAWN BY: J. KIEHL otK, CHECKED BY: J.BOURQUIN~ ~ CHECKED BY: J.REMLEY,~Z~ LEGAL FILENAME:861125 ~ DRAWlNO FILENAME: "P.O.B. PARCEL 2 X OOLF COURSE X AIRPORT CLEAR ZONE APPROACH AREA AND SCALE: 1" = 500’ P.LS. 7152 SAFTEY (:LEAR ZONE APPROACH AREA APPROVED: ’,\ DETAI~ A CLEAR ZONE APPROACH AREA I I b EXHIBIT "C2" DRAWN BY: d. KIEHL CHECKED BY: J. BOURQUlN CH_CKED BY: J. REMLEY LEGAL FILENAME: 86112,3 DRAWlNO F LENAME D4EXB96 CLEAR Z()NE APPROACH AREA NOT TO SCALE AND F’.L.S. 7152 SAFTEY CLEAR ZONE APPROACH AREA IAPPROVED: CiTY OF PALO ALTO, CALIFORNIA IREVISION: (3)~/15/96 2 OF 2 EXIBIT C-3 A.P.NO. 8-6-1 DATE: APRIL 16, 1996 PREPARED / APPROVED BY: JA!vIES D. KIEHL CHECK BY: JAMES T. BOURQUIN::rg CHECK BY: JAY E. REMELY, SR./[ LEGAL DESCRIPTION CLEAR ZONE APPROACH AREA PARCEL 1 All that certain real property situate partly in the City of Palo Alto, County of Santa Clara and partly in the County of San Mateo, State of California, described as follows; Beginning at a point on the Northwesterly line of that certain tract of land shown as Parcel "A" on the map entitled "Palo Alto Airport Lease Lands Exhibit A" attached to the lease agreement between the City of Palo Alto and the County of Santa Clara, dated March 16, 1964 and filed in the Office of the City Clerk of the City of Palo Alto (Agreement No. 2276), said point being North 50° 57’ 00" East 156.13 feet from the most northwesterly corner of said Parcel "A’; THENCE, South 44° 07’ 38" East 48.98 feet; THENCE, North 51 ° 35’ 00" East 235.99 feet; THENCE, North 32° 42’ 22" West 201.14 feet to the centerline of San Francisquito Creek; THENCE, North 32° 42’ 22" West 803.85 feet; THENCE, South 51 ° 35’ 00" West 435.99 feet; Creek; THENCE, South 44° 07’ 38" East 815.14 feet to the centerline of San Francisquito THENCE, South 44° 07’ 38" East 140.87 feet to the POINT OF BEGINNING. Said Parcel 1 is shown on attached map "EXHIBIT C1 AND C2" and made a part hereof. Said Parcel 1 contains 7.71 acres more or less. Said Parcel 1 being a portion of that real property as described in the following recorded Deeds in San Mateo County; April 23, 1926, in Volume 500 of Deeds Page 89 (City of Palo Alto reference: Key No. 11, Deed 67); April 14, 1946, in Book 1269 of Deeds Page 315, recorded also with a Series Number 98402F (City of Palo Alto reference: Key No. 22, Deed 156). 1 of 3 A.P.NO. 8-6-1 EXHIBIT C-4 DATE: APRIL 16, 1996 SAFETY CLEAR ZONE APPROACH AREA PARCEL 2 All that certain real property situate partly in the City of Palo Alto, County of Santa Clara and partly in the County of San Mateo, State of California, described as follows; Beginning at a point on the Northwesterly line of that certain tract of land shown as Parcel "A" on the map entitled "Palo Alto Airport Lease Lands Exhibit A" attached to the lease agreement between the City of Palo Alto and the County of Santa Clara, dated March 16, 1964 and filed in the Office of the City Clerk of the City of Palo Alto (Agreement No. 2276), said point being the most northwesterly comer of said Parcel "A"; Creek; Creek; THENCE, North 67° 51’ 40" East 167.72 feet; THENCE, North 51° 35’ 00" East 235.99 feet; THENCE, North 33 ° 19’ 55t~ East 446.14 feet to the centerline of San Francisquito THENCE, North 33° 19’ 55" East 219.34 feet; THENCE, North 38° 25’ 00" West 1,091.58 feet to a Point called "B"; THENCE, South 51 ° 35’ 00" West 1,500.00 feet; THENCE, South 38° 25’ 00" East 1,115.46 feet; THENCE, North 67° 51’ 40" East 43.21 feet to the centerline of San Francisquito THENCE North 67° 51’ 40" East 447.47 feet to the POINT OF BEGINNING. Excepting all that portion &land described in said Parcel 1. Said Parcel 2 is shown on attached map "EXHIBIT C 1 and C2" and made a part hereof. Said Parcel 2 contains 34.20 acres more or less. Said Parcel 2 being a portion of that real property as described in the following recorded Deeds in San Mateo County; April 23,-1926, in Volume 500 of Deeds Page 89 (City of Palo Alto reference: Key No. 11, Deed 67); April 14, 1946, in Book 1269 of Deeds Page 315, recorded also with a Series r 98402F (City of Palo Alto reference: Key No. 22, Deed 156). 2 of 3 EXHIBIT C-5 A.P.NO. 8-6-1 DATE: APRIL 16, 1996 SAFETY CLEAR ZONE APPROACH AREA PARCEL 3 All that certain real property situate in the County of San Mateo, State of California, described as follows; Beginning at a Point "B" as described in Parcel 2; THENCE, North 38° 25’ 00" West 2~000.00 feet; THENCE, South 51 ° 35’ 00" West 1,500.00 feet; THENCE, South 38° 25’ 00" East 2,000.00 feet; THENCE, North 51 ° 35’ 00" East 1,500.00 feet to the POINT OF BEGINNING. Said Parcel 3 is shown on attached map "EXHIBIT C 1 and C2" and made a part hereof. Said Parcel 3 contains 68.87 acres more or less. Said Parcel 3 being a portion of that real property as described in the following recorded Deeds in San Mateo County; April 23, 1926, in Volume 500 of Deeds Page 89 (City of Palo Alto reference: Key No. 11, Deed 67); April 14, 1946, in Book 1269 of Deeds Page 315, recorded also with a Series Number 98402F (City of Palo Alto reference: Key No. 22, Deed 156); The northerly CLEAR ZONE APPROACH AREA (described in Parcel 1 hereinabove) and SAFETY CLEAR ZONE APPROACH AREAS (described in Parcel 2 and 3 hereinabove) is a trapezoidal plane with a slope of 20 to 1 (one foot of elevation for each twenty feet or horizontal distance), which inclined plane has an elevation of 5 feet above Mean Sea Level (MSL) at its inner and lower edge along line AB, as shown on EXHIBIT ’°C1 AND C2", and an elevation of 170 feet above Mean Sea Level (MSL) at its outer and upper edge along line CD, as shown on said EXHIBIT "Cl". END OF LEGAL DESCRIPTION "EXHIBIT B" JDK:jk LEGAL: \WP61\861123 PLAT: D4EXA96.DWG / D4EXB96 3 of 3