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Home My WebLink About1996-08-05 City Council (32)City of Palo Alto City Manager’s Report 3 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES AGENDA DATE: AUGUST 5, 1996 CMR:351:96 SUBJECT:EXCHANGE OF INGRESS AND EGRESS EASEMENTS BETWEEN THE CITY OF PALO ALTO AND NEAL AND BERNARD HOFFACKER ON PARKING LOT O AND 171 UNIVERSITY AVENUE REQUEST: This report requests Council approval for the exchange of ingress and egress easements between the City of Palo Alto and Neal and Bernard Hoffacker, the owners of 171 University Avenue (currently occupied by the Palo Alto Bike Shop). RECOMMENDATIONS Staff recommends that Council authorize the Mayor to execute the attached easement from the City of Palo Alto to Neal and Bernard Hoffacker for ingress to and egress from City Parking Lot O (Lot O), and to accept the easement from Neal and Bernard Hoffacker to the City for an ingress and egress easement over the five-foot westerly edge of their property at 171 University Avenue. POLICY IMPLICATIONS: The easement granted by the City for the benefit of 171 University creates a legal encumbrance on Lot O. However, in exchange, the easement granted by the owners of 171 University Avenue for the benefit of the City creates a link for possible future public access between High or Emerson Streets. BACKGROUND: The owners of 171 University Avenue are proposing to develop their site wittr a new building. Earlier this year, they submitted a development plan that proposed construction to the westerly edge of their property line, and the easterly edge of Lot O. Staff objected to creating the secondary building exit directly into the parking lot and requested that the CMR:351:96 Page 1 of 3 owners set the westerly edge of their building five feet back of the property line. The five- foot setback requested matches the minimum setback of the other three existing buildings that front on University, and the easement over the setback would provide the potential to formalize all the setbacks so a pedestrian walkway might be established in the future. The owners of 171 University Avenue agreed to the setback, with the condition that the City legalize their use of Lot O by granting them an easement for ingress and egress. DISCUSSION: Lot O lies within the block bordered by Emerson Street on the north, University Avenue on the east, High Street on the south and Lytton Avenue on the west (see drawing on the next page). The lot has 76 parking stalls, is 100 feet wide and 225 feet long. A four-foot wide sidewalk divides the lot in two, with access to the westerly half from a one-way entrance on Emerson Street that exits onto High Street, and access to the easterly half from a one-way entrance on High Street that exits onto Emerson Street. Lot O does not have a service alley, and all six properties that border Lot O have unofficial access. The lot is bordered on the west side by the Aquarius Movie Theater and a two-story Church of Jesus Christ of Latter Day Saints. Both of these buildings are built to the very edge of the property line and have emergency exit doors that empty directly into the parking lot. On the east side, there are four buildings: Good Earth Restaurant, the Palo Alto Bicycle Shop (the subject property), a two- story office building and a four-story office building. Currently, each of these four buildings facing University Avenue has secondary exits at the rear of the buildings into Lot O. The westerly edge of each of the four buildings is set back from the property line it shares with Lot O, at distances that vary from five to fifteen feet. The bicycle shop at 171 University routinely receives deliveries from its secondary entrance, accessed through Lot O. Staff from Public Works, Planning and the Administrative Services Departments agree that the five-foot easement from 171 University will create less impact than an exit directly into Lot O, and it will, with the cooperation of the other neighbors on University Avenue, provide the opportunity of creating a public walkway that would extend to either or both High and Emerson Streets. The attached easement to be granted to the owners of 171 University Avenue describes an easement over Lot O in its entirety, but the document also reserves the right for the City to reduce the size of the easement, should the City develop,, sell or trade the lot. The easement could be reduced to a minimum size to accommodate the necessary access to 171 University Avenue, and still afford flexibility for development of the City lot. The proposed easement to be granted to 171 University Avenue also contains a clause that will allow temporary blockage of the ingress and egress fights during maintenance or construction work on Lot O. The proposed reduced easement can also be accommodated in the conceptual plans currently being reviewed for Lot O in the Downtown Parking Feasibility Study. The easements will not be recorded until the owners have received an occupancy permit for the new building. CMR:351:96 Page 2 of 3 FISCAL IMPACT: None. ENVIRONMENTAL ASSESSMENT: These easements will not expand the usage beyond that which exists; therefore, they carry a Class I existing facility exemption under Section 15301 of the California Quality Act (CEQA). ATTACHMENTS: Attachment A-Proposed Ingress and Egress Easement from 171 University to the City Attachment B-Proposed Ingress and Egress Easement to 171 University from the City PREPARED BY: William W. Fellman, Manager, Real Property DEPARTMENT HEAD APPROVAL: Emil)k Harrison Deputy City Manager, Administrative Services CITY MANAGER APPROVAL: cc: Neal and Bernard Hoffacker c/o Todd Lewis CMR:351:96 Page 3 of 3 ATTACHMENT A PROPOSED INGRESS AND EGRESS EASEMENT FROM 171 UNIVERSITY AVENUE TO THE CITY ATTACHMENT A Recorded at no charge in accordance Government Code Section 61~3 at the request of, and. whe~ record- ed return to: City of Palo Alto/Real Estate 250 Hamilton Avenue PO Box 10250 Palo Alto, CA 94303 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY A.P. No.: 120-26-029 Project No.: AE -1/4-96/1 Project: 171 University Ave IG R A N OF A S E M E FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Neal D. Hoffacker, a married man as hissole and separate property and Bernard J. Hoffacker, Jr., a married man as his sole and separate-property, -as Joint Tenants GRANTOR, does hereby GRANT to the CITY OF PALO ALTO, a municipal corporation, GRANTEE, an easement~and right of way for the right of ingress and egress thereon and the right to pass and repass over, along, across, and upon said easement whenever and wherever grantee desires for the purposes set forth herein, in perpetuity,.in, over, across, along, and upon that certain property in the City of Palo Alto, County of Santa Clara, State of California, shown on the map attached hereto and more particularly described in Exhibit A attached hereto and by this reference incorporated herein. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed. ,~ "GRANTOR" Dated:,.By: Neal D. Hoffacker ALL- PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA On ,1996, before me, (N~Y) personally appeared SIGNER(S) __personally known to me -or- __proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)~ and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W~TNESS my hand and official seal. NOTARY ’ S SIGNATURE IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed. "GRANTOR" Dated:By: Bernard J. Hoffacker ALL- PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) On , 1996, before me, ( N~Y ) personally appeared SIG~R (S) __ personally known to me ~or- proved to me. on the basis of satisfactory evidence to be the-person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in.his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY ’ S SIGNATURE This is to certify that the interest in real property conveyed by the within deed or grant to the City of Palo Alto, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the Council of the City of Palo Alto, pursuant to authority conferred by resolution of the said Council adopted on March 15, 1971, and the City of Palo Alto consents to recordation thereof by its duly auth0rized’officer. Dated. By: City Manager Approved as to Form Sr. Asst. City Attorney APPROVALS Approved as to Content ASD/Real Property Div. By By. Approvedas to Description Public Works/Engineering ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) On ,1996, before me, ( NOT~Y ) personally appeared __.personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that. he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or.the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EASEMENT DESCRIPTION 171 UNIVERSITY AVENUE PALG ALTO, CA PARCEL 1 A five foot wide non-exclusive Egress-Ingress easement over all that certain real property in the City of Palo Alto, County of Santa Clara, State of California, being a portion ofLots 35 and 36, as laid down, designated and delineated upon that certain. map entitled "William H. Hart, Subdivision of Block No.4, University Park, Santa Clara County, California," which map was filed for record in the Office of the County Recorder of the County of Santa Clara, State of California, on August 28, 1888, in Book D of Maps, Page 4, more particularly described as follows: Beginning at the northerly corner of said Lot 36 as shown on said map of University Park; Thence along the northeast line of Lot 36, South 51° 42’ 00" East 5.00 feet; Thence leaving said Northeast line, South 38o 18’ 00" West 50.00 feet to a point on the Southwest line of Lot 35 as said lot is shown on said map of University Park; Thence along said Southwest line North 51° 42’ 00" West 5.00 feet to the westerly corner of said Lot 35; Thence along the northwest line of Lots 35 and 36 as shown on said map of University Park, North 38o 18’ 00" East 50.00 feet to the Point Of Beginning. Containing 2,500 square feet more or less. Said Parcel 1 is shown on attached Map, Exhibit "B", and made a part hereof. EXHIBIT A I I S 38/8 O0 W 50.00 1733 Woodslde Ro.ad, Suite 125 Redwood City, CA 94061 Phone: 4151368-0750 FAX: 4151306-1046 NO BY DA1 E REVISI6NS I I CHECKED~B~ REF. SHEET A P N ill /l~.,O "")26 -- 02 9 SC#,LE)/ // =I0 ATTACHMENT B PROPOSED INGRESS AND EGRESS EASEMENT TO 171 UNIVERSITY AVENUE FROM THE CITY ATTACHMENT B Recorded at no charge in accordance with Government Code Section 6103 at the request of, and when record- ed return to: City of Palo Alto/Real Estate 250 Hamilton Avenue PO Box 10250 Palo Alto, CA 94303 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY A.P. No.: 120-26-27 Parcel No.: Project: PARKING LOT 0 IG R A N T OF E A S E M E NTI FOR VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, THE CITY OF PALO ALTO, a municipal corporation (GRANTOR), does hereby GRANT to Neal D. Hoffacker, a married man as his sole and separate property and Bernard J. Hoffacker, Jr., a married man as his sole and separate property, as Joint Tenants (GRANTEE), an non-exclusive easement and right of way for the right of pedestrian ingress and egress thereon and the right to pass and repass over, along, across, and upon that cehtain property in the City of Palo Alto, County of Santa Clara, State of California, described in Exhibit A and shown in Exhibit B which exhibits are attached hereto, and made a part hereof, subject to the following conditions. GRANTEE, its successors and assigns, and its and their respective contractors. agent~, principals, employees, tenants, guests and invites shall have free access to t#e ~asement at all reasonable times for the purpose of exercising the rights herein granted, provided, however that: 1) GRANTEE, its successors and assigns, shall indemnify, defend, and save harmless GRANTOR and its agents, employees, officers, successors, and assigns, from and against any and all loss, damage, liability, expense, claim, or demand of whatsoever character, direct or consequential, arising out of or in any way connected with the use of the easement, including, but without limiting hereby the generality of the foregoing, injury or death of persons and damage to or loss of property arising out of the exercise by GRANTEE, its successors and assigns, and its and their respective contractors, agents, princi-pals, employees, tenants, quests and invites of any right granted herein. 2) It is e~pressly provided that GRANTOR may move and relocate the easement at any time upon thirty (30) days prior written notice. In such event, GRANTOR shall designate an alternate easement location that will provide reasonable alternate pedestrian access. Such reasonable alternate access may be substantially smaller in size than the location described in Exhibit A. GRANTEE shall not have any right to any particular location, size or configuration of the easement. Relocating the easement once shall not prevent GRANTOR from relocating the easement again in the future. 3) GRANTOR reserves the right to block access to the subject property for maintenance or construction purposes which require use of the easement, without notice to GRANTEE, until any construction or maintenance is complete. In the event of a construction project expected to take longer than thirty (30) days to complete, GRANTOR will give GRANTEE thirty (30) days written notice prior to the start of- construction. 4) GRANTEE use will not interfere with or prohibit the use by GRANTOR, its successors and assigns, and its and their respective contractors, agents, principals, employees, tenants, guests and invites. This easement constitutes the sole agreement and understanding between the parties with respect to the easement and supersedes all prior agreements, easements and understandings, whether oral or written, with respect thereto. Dated: GRANTOR: City of Palo Alto, a Municipal Corporation Mayor ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On personally appeared [] personally known to me - OR - 1996, before me, (NOTARY) rq SIGNE~(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY’S SIGNATURE APPROVALS Approved as to Form: City Attorney By: Approved as to Description: Public Works/Engineering By: realestateform, l/f-ntgran 2-4-93/7-i0-96 Approved as to Content: ASD/Real Estate Division By: Approved as to Form: By: A.P.NO. 120-026-027 JULY 10, 1996 REQUESTED BY: BILL FELLMAN PREPARED BY: JAMES T. BOURQUIN CHECKED BY: JAY E. REMLEY, SR. APPROVED BY: JAMES D. KIEHL LEGAL DESCRIPTION INGRESS /EGRESS EASEMENT PARCEL 1 A portion of real property situated in the City of Palo Alto, County of Santa Clara, State Of California being Lots 39, 40, 41, 42, 60, 61, 62 and 63 more particularly described as follows: Beginning at most easterly comer of said Lot 39 designated and delineated upon that certain map entitled "William H. Hart, Subdivision of Block No. 4, University Park, Santa Clara, State of California," which map was filed for record in the Office of the County Recorder of the County of Santa Clara, State of California, on August 28, 1888, in Book D of Maps, Page 4; THENCE northwesterly along the southwesterly line of Emerson Street 100 feet to the most northerly comer of Lot 42; THENCE southwesterly along the northwesterly line of Lot 42 and 60, 225.00 feet to the northeasterly line of I-Iigh Street; THENCE southeasterly along the northeasterly line of High Street 100 feet; THENCE northeasterly along the southeasterly line of Lots 63 and 39, 225.00 feet to the southwesterly line of Emerson Street, said point also being the Point Of Beginning. Said Parcel 1 contains 22,500 square feet and or 0.5165 acres more or less. Said Parcel 1 is shown on attached map Exhibit "B" and made a part hereof. END OF DESCR.~TION EXHIBIT "A" LEGAL: 1202627 PLAT: 1202627.DWG LYTTON AVENUE 25’ 25" ~ 25’ ~ 25’ .~ 25".___J___l_ .....J- A.P.NO.120-026-032 A.P.NO.. 120-026-032 i12.50° 60 CITY 61 62 63 25’ - ---25.00 d I 25" I25" I 37}50 37[50 25" I I I ~t 25" t ~t5" i 25’ t 25" A.P.NO, 120-026-024 A.P.NO. 120-026-025-- 112.50’ ~A,P.NO.120-026-026 112,50" 42 ~ nF--P-AL O ALTO --- A.P.NO. 120-26-274! ~ L "D"40 d I 25"25’ t 39 I]2.50’ 25’ .> 25’ i 25’’ $ 25"~ 25"I UN]VERS]TY AVENUE INGRESS / EGRESS EASEMENTEXHIBIT "B" DRA~4N BY: JAMES D. KIEHL CHECKED BY: JAMES BOURQUIN CHECKED BY: JAY E. REMLEY LEGAL F]LENAME: 1202627 DP, Ak,’]NG F]LENAME: 1202627,D~/G "William H. Hart Subdivision of Block No. 4, University Park" CITY OF PALD ALTO, CALIFORNIA -30.00, SCALE: 1. =60’ P,L.S. 7152 APPROVED: REVISION: (2) 7/9/96