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HomeMy WebLinkAbout1999-04-12 City Council (12)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:APRIL 12, 1999 CMR:202:99 SUBJECT:SUMMARY VACATION OF EASEMENT AT 667 KENDALL AVENUE AND 672 BARRON AVENUE RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the attached Resolution Ordering the Summary Vacation of the Public Service Easements located at 667 Kendall Avenue and 672 Barron Avenue, Palo Alto. DISCUSSION The owner of the parcels at 667 Kendall Avenue and 672 Barron Avenue requested that the City vacate the 5-foot wide Public Service Easements (PSE) which run along the back and side property lines of these two parcels (see map attached to Resolution). The easements were dedicated as part of the subdivision map in 1941; however, no public facilities were ever placed within the easements, and they have never been utilized and are not necessary for any present or anticipated future public use. RESOURCE IMPACT The easement vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, has been paid by the owner. POLICY IMPLICATIONS The recommendation does not represent any change to existing city policies. ENVIRONMENTAL ASSESSMENT These projects are categorically exempt from the requirements of the Califomia Environmental Quality Act; therefore, no environmental impact assessment is necessary. CMR:202:99 Page 1 of 2 ATTACHMENTS Resolution Ordering the Summary Vacation of a Public Service Easements located at 667 Kendall Avenue and 672 Barron Avenue, Palo Alto. PREPARED BY: Martha Miller,~Financial Analyst DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: CARL YEAT ~ Director, Administrative Services Assistant City Manager CC: Patrick Coyne, 667 Kendall Avenue, Palo Alto, CA 94301 CMR:202:99 Page 2 of 2 ATTACHMENT A Recorded 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 PO BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER’S USE A.P. NO.:137-10-095 137-10-106 PROJECT NO.: CEV 20/12-97/13 PROJECT: Easement Vacation 667 Kendall Avenue 672 Barron Avenue SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT AT 667 KENDALL AVENUE AND 672 BARRON AVENUE W~EREAS, the public service easements located at 667 Kendall Avenue and 672 Barron Avenue have never been utilized since acquisition and ale not necessary for future public use; and WHEREAS, from al!_evidence submitted to the Council of the City of Palo Alto it is found that said public service (utilities) easements as described herein is not necessary for present or prospective public use for public utilities purposes; and WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate the public service (utilities) easements filed upon that certain Map entitled "Map of La Rosa Gardens" which map was filed in the office of the Recorder Santa Clara County, State of California on the 17th day of February 1941 in Volume 5 of Maps at page 37; and WHEREAS, the Council of the City of Palo Alto intends to vacate such public service (utilities) easements according to the procedures set forth in the California Streets and Highways Code Division 9, Part 3, Chapter 4 (Section 8330 et seq.); NOW,THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION i. 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. 1 SECTION 2. The public service (utilities) easements located at 667 Kendall Avenue and 672 Barron Avenue in Palo Alto are hereby vacated. The easements are more particularly described in Exhibit "~’ and shown in Exhibit "B", which Exhibits are attached hereto and incorporated herein by this reference. SECTION 3. The Council finds that the easements have not been utilized in over five (5) consecutive years immediately preceeding the proposed vacation and are not necessary for future public use. SECTION 4. This Council finds that the action approved herein is categorically exempt from the requirements of the California Environmental Quality Act and no environmental impact assessment is necessary. SECTION 5. The City Clerk, acting by and through the Real Property Manage’}, shail cause a certified copy of this resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement or further proof thereof, in the Office of the Recorder of Santa Clara County. SECTION 6. From and after the date of recordation of this resolution, the easement shall be considered vacated. INTRODUCED AND PASSED: AYES: NOES: ABSENT ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Senior Assistant City Attorney Director of Utilities Real Property Manager 2 EXHIBIT "A" Legal Description For Public Utility Easement To be vacated ¯ A portion of Real Property situated in the City of Palo Alto, County of Santa Clare, State of California, more particularly described as follows: PARCEL 1 The Southwesterly 5.00 feet and the Northwesterly 5.00 feet of Lot 6 as shown on that certain Map entitled "Tract No 143, La Rosa Gardens, Santa Clara County, California" recorded in the Office of the Recorder of the County of Santa Clara, State of California, on February 17, 1941 in Book 5 of Maps at page 37. Contains 1275 Sq. Ft more or less PARCEL 2 The Southwesterly 5.00 feet and the Southeasterly 5.00 feet of Lot 13 as shown on that certain Map entitle’~l "Tract No 143, La Rosa Gardens, Santa Clara County, California" recorded in the Office of the Recorder of the County of Santa Clare, State of California, on February 17, 1941 in Book 5 of Maps at page 37. Contains 812 Sq. Ft more or less Parcel 1 and 2 are shown on the attached Map Exhibit "B" and made a part hereof. PER(R) 9 I KENDALL A VENUE (FORMERLY LA ROSA A VENUE) 667 KENDALL ~ 5" P.U,E. PER (R) ~L~ PARCEL 2 F IO’P’U’~"_PER(R) PARCEL 1 P~ (~) ~ 7 ~ ~o~ 5" P.U.E. PER(R) L 5" P.U.E. PER(R) BARRON LEGEND." A VENUE R = TRACT NO. 143, LA ROSA GARDENS SANTA CLARA COUNT)~, CALIFORNIA P.U.E. L-- PUBUC UTILITY EASEMENT ~L = CENTERLINE PLAT TO ACCOMPANY LEGAL DESCRIPTION ~FIIBIT "B " = 40"