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Home My WebLink About1999-11-15 City Council (7)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL J CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:NOVEMBER 15, 1999 CMR: 413:99 SUBJECT:3105/3106 BANDERA DRIVE -SUMMARY VACATION OF EXCESS STREET RIGHT OF WAY RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the attached Resolution Ordering the Summary Vacation of a portion of public street right-of-way located at 3105 and 3106 Bandera Drive, Palo Alto. DISCUSSION In 1965, Bandera Drive was dedicated to and accepted by the City on a tract map. In 1967, the City Council .approved a resolution abandoning a portion of Bandera Drive extending through what are now the properties at 3105 and 3106 Bandera Drive. The 1967 abandonment did not include a 5-foot strip which now fronts the properties at 3105 and 3106 Bandera Drive and lies behind the curb of Bandera Drive (see Attachment A). Through a record of survey, the owner of 3106 Bandera Drive recently discovered that although her deed showed that her property extended to the street curb, in fact the front five feet is City street right-of- way.. To clear the title to her property, the owner has requested that the City vacate this 5-foot strip. Because the same situation exists for the property at 3106 Bandera Drive, the attached resolution vacates that portion of the right- of-way as well. This 5-foot portion of the street right of way has not been used by the City for street purposes since 1967, and is not needed now Or for furore use as a street. However, the area is used for utilities purposes, and the attached resolution vacating the street right of way also reserves a public utilties easement (PUE). Vacating the 5-foot portion of street right of way and reserving a PUE will bring the properties at 3105 and 3106 Bandera Drive into conformity with others along the street and will result in a uniform 5-foot PUE along Bandera Drive. CMR: 413:99 Page 1 of 2 RESOURCE IMPACT The easement vacation-processing fee of $1,200, as set forth in the Municipal Fee Schedule, has been paid. POLICY IMPLICATIONS The recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW The proposed street right of way vacation is categorically exempt from the requirements of the California Environmental Quality Act (CEQA); therefore, no environmental assessment is necessary. AT~’ACHMENTS Attaci~ment A: Map Attachment B: Resolution Vacating Street Right of Way at 3105/3106 Bandera Drive PREPARED BY: Janet Freeland, Senior Financial Analyst DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: Directqi, Administrative Services EMILY HARRISON Assistant City Manager cc: Property Owners of 3105 and 3106 Bandera Drive CMR: 413:99 Page 2 of 2 / / ATTACHMENT A ATTACHMENT B 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 P.O. BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER’S USE A. P. N.: Project No.: Project: 132-43-32 & 33 CEV 28/8-98/5 Vacation of portion of street 3105/3106 Bandera Drive SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE SUMMARY VACATION OF A PUBLIC RIGHT- OF-WAY FOR STREET PURPOSES AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES AT 3105/3106 BANDERA DRIVE, PALO ALTO WHEREAS, a 5-foot (.5’) portion of public street right-of- way located at 3105 and 3106 Bandera Drive has not been utilized for street purposes since 1967 and is not necessary for future public use for street purposes; and WHEREAS, from all evidence submitted to the Council of the City of Palo Alto, it is found that said public street right-of-way is not necessary for present or prospective public use for street purposes; and WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate said portion of the street right-of-way shown on that certain map entitled Tract 3307, Palo Alto Hills, Unit No. 2, which map was filed in the Office of the Recorder, Santa Clara County, State of California, on the 23rd day of December 1964 in Book 189 of Maps, pages 20 and 21; and WHEREAS, the Council of the City of Palo Alto intends to vacate such public street right-of-way, reserving a public utility easement benefitting the City, 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 fol!ows: ~SECTION !.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 et. seq. SECTION 2.The portion of street right-of-way located at 3105 and 3106 Bandera Drive is hereby vacated, and a public utility easement is hereby reserved and excepted f@r the benefit of the City of Palo Alto. The street right-of-way to be vacated and the utility easement to be reserved are more particularly described in Exhibit A and shown in Exhibits B and C, which exhibits are attached hereto and made a part hereof by this reference; and SECTION 3. The Council finds that the street right-of-way has not been utilized in over five (5) consecutive years immediately preceding the proposed vacation and is not necessary for future public use. SECTION 4.The 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 Manager, shall cause a certified copy of this resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment or further proof thereof, in the Office of the Recorder of Santa Clara County. // // // // // // /! /! /! // // SECTION 6. this resolution, the vacated. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: From and after the ’date of recordation of street right-of-way shall be considered APPROVED: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney Mayor City Manager Director of Utilities Director of Public Works Real Property Manager 991108 sdl 0032281 3 Bandera Drive As of January 14,1999 Property Description of a Portion of Bandera Drive to be Abandoned and Public Utility. Easement to be retained by the City of Palo Alto. PARCEL 1 i All that certain real property situate in the City of Palo Alto, County of Santa Clara, State of California, and being more particularly described as follows: Beginning at a point on the northwesterly right-of-way of Bandera Drive, point being North 51 ° 52’ 03" East 29.49 feet from the most southerly comer of the Lands described in the Grant Deed recorded December 17, 1992 in Book M 546 Pages 1169, 1170 & 1171 of Santa Clara County Official Records; THENCE, North 51 ° 52’ 03" East 20.62 feet to the beginning of a curve, non-tangent, with a radius of 45.00 feet concave southwesterly and to which a radial line bears North 10° 51 59 West; THENCE, easterly and southerly 59.36 feet, along said curve though a central angle of 75 ° 34’ 24"; THENCE, South 51 ° 52’ 03" West 5.14 feet to the beginning of a curve non-tangent, with a radius of 40.00 feet concave southwesterly and to which a radial line bears North 66° 20’ 42" East; THENCE, northwesterly and southerly 72.94 feet, along said curve though a central angle of 104° 28’ 39" to the POINT OF BEGINNING. Parcel 1 contains 314.75 square feet more or less. Parcel 1 is shown on attached Exhibit "B" & "C" (see detail) and made a part hereo£ EXHIBIT "A" End of Description requested by: Janet Freeland checked by: James T. Bourquin :n5 ~ checked by: Jay E. Remley, David Kiehl P.L.S. 71 ;2 :epared / Approved by:Stamp/Seal filenames: legal: in project directory bander98.wpd plat: bandera.dwg revision (4) 1-11-99 ~, ~ 4s.P.O.B. for 7695 O.R. 713~ ~~~VID’~’ ~,Y I~"-,,. ~ ~iii~~~00 ~ elta = 15 13’ 23" R 360" - , I P.O.~. fo~ ~ o.~. z~~ ~/ A.P.ND. 18~-043-002 ~.~~ ~ O~~SEE EXHIBIT "~ keoe~d / NoDes == ¯ ~~[ 3 per 7695 m.R. 7~3 . ~[ PLo~ ~oAccompony Description ~’’"""EXHIB]T "9"Po~tio~ of Bandera Drive to be SCALE: ~’= 60’ DRAWN BY, JAMES B. KIEHL ~Abandoned and a Public Utility £EV]SION, (4) 1/11/99 ’CHECKED BY: JAMES BDURQUIN REV]SIDN: (3) 18/83/98’CHECKED ~Y: JAY E. REMLEY SR Easement to be retained.REV;SmN~ .EGAt F]LENANE: Bender98.wpd REVISION: (l) 7/16/98 DRA~]NG FILENAME: BANDERA.DWG [C]]Y OF PALB ALTO, CAt]FORN]A DRAWN BY; JAMES D. KIEHL ~ CHECKED BY: JAMES BFIURQUIN ~ CHECKED BY; JAY E. REMLEY LEGAL F]LENANE: bancler98.wpcl DRAWING F]LENAMD BANDERA .DWG Abandoned and a Public Utility Easement to be retained. CITY OF PALO ALTO, CALIFORNIA P.L.S. 7158 APPROVED: REV]S]ON: (1) ]11]199