HomeMy WebLinkAboutStaff Report 175-08City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONOIL~BLE CITY COUNCIL
CITY MANAGER
MARCH 24, 2008
DEPARTMENT: ADMINISTIL~TIVE
SERVICES
CMR: 175:08
ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 1401 PARKINSON AVENUE
RECOMMENDATION
Staff recommends that Council approve the attached Resolution sunanaarily vacating a public
service utilities easement (PUE) located at 1401 Parkinson Avenue.
DISCUSSION
The owner of the property at 1401 Parkinson Avenue plans to remove the existing building and
redevelop the property. The new building will encroach on the City’s existing PUE. As a
condition of approval for the project, the Utilities Department required the owner to grant the
City a new PUE to replace the existing PUE and to pay for the relocation of a portion of the
utilities located within the PUE to be vacated. Staff has notified AT&T (formerly SBC)
Communications as well as the City Utilities, Public Works mad the Plamfing Department of the
proposal to vacate the PUE, and all concur with the vacation. This PUE is not necessary for any
present or future use and it may be summarily vacated in accordance with Section 8333 of the
California Streets and Highways Code.
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 City policies. The Plmming Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from review under the
California Enviromnental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
CMR:175:08 Page 1 of 2
PREPARED BY:
MARTHA MILLER
Sr. Financia! Analyst, Administrative Services
DEPARTMENT HEAD APPROVAL:
LALO PEREZ
Director, Administrative Services
CITY M.~NAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
Attachment A: Summary Vacation Resolution
Attachment B: Location Map
cc: Property Owners
CMR:175:08 Page 2 of 2
ATTACHMENT A
Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY OF PALO ALTO/REAL ESTATE
250 Hamilton Avenue
P.O. BOX 10250
PALO ALTO, CA 94303
SPACE ABOVE LINE FOR RECORDER’S USE
A.P. No.:
Project No.:
Project:
003-45-037
CEV 06//07
Vacation of Public
Utility Easement -
1401 Parkinson Ave
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY
V~C~TiNG.~ ~ .....~_ ’~ PUBLIC SERVICE EASEMENT FOR UTTI.TTIES. AT _I~01. _PARKINSON
AVENUE
~ ~ :er J of the Public Streets, Highways andWHEREAS, bn=m~
Se~--~-:v=~ Easements Vacation Law,commencing with Streets and.,,~~ ~Hzghways Code sectzon 8330, provides for summary vac~o,, of
streets and public services easements; and
WHEREAS, the City of Pa!o Alto acquired a public service
easement for utilities on the property at 1401 Parkinson Avenue as
shown in Resolution No. 1560 recorded in Book 1426 Page 414 on
March i0, 1947; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utility easements when the easement has never been used, has been
superceded by relocation and there are no other public facilities
located within the easement; and
WHEREAS, the Cit%" Council znne..@s to su.mmari!y vacate the
public utility easement as more particularly described in Exhibit A
attached to this Resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" ~s a
copy of CMR No. : , dated , submitted by the City
Manager to the City Council setting forth the reasons for the
summary vaca~_on public utility easement ( Report ).
NOW, THEREFORE, the City Counci! does hereby RESOLVE as
follows:
Iof3
SECTION !. The City Counci! hereby adopts the Report and,
based upon the Report and al! other evidence submitted, makes the
following findings:
!.The easement has been superseded by relocation and
there are no other public facilities located within the Public
utility easement; and
2. The Public utility easement is not needed for
present or prospective public facilities; and
3.The public convenience and necessity does not
require reservation of any portion of the Public utility easement;
and
4. The Public utility easement to be vacated is not
useful as a non-motorized transportation facility; and
5.The Counci! has considered the Pa!o Alto
Comprehensive Plan and ratifies the determination of the planning
department that the vacation of the Public utility easement is in
conformity with the Pa!o Alto Comprehensive Plan.
SECTION 2. Based upon the findings made in Section ! of
this Resolution and the provisions of Section 8333 of the Streets
and Highways Code, the City Counci! does hereby order that the
Public utility easement as described on Exhibit A shal! be and
hereby is sum~mari!y vacated.
SECTION 3. The City Clerk, acting by and through the Real
Property manager, is hereby directed to record at Santa Clara
County Records a certified copy of this Resolution, including the
Description and the Report.
SECTION 4. The easement for electrical purposes described
in Exhibit A will no longer constitute a public easement from and
after the date of recordation of the documents identified in
Section 3 of this Resolution; and
SECTION 5. The Counci! finds that summary vacation of the
public utility 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 AND PASSED:
AYES:
NOES:
ABSENT:
2 of 3
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APoROVED AS TO FORH:
Senior Assn. City Attorney
Hayor
~PoROVED:
Assistant City Manager
Director of Administrative
Services
3 of 3
TEL:510-739-1600
WADE HAMMOND ATTACHMENT B
LAND SURVEYOR
36660 NEWARK BLVD. SUITE D
NEWARK, CALIFORNIA 94560-3000
FAX:510-739-1620 WADEHAMMOND@COMCAST.NET
APN: 003-45-037
PREPARED:
CHECKED BY:
APPROVED BY:
L.WADE HAMMOND PLS
L. WADE HAMMOND PLS
November 20, 2007
LEGAL DESCRIPTION EASEMENT ABANDONMENT
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF PINE
STREET (NOW ABANDONED) AND THE NORTHERLY LINE OF PARKINSON AVENUE AS
SAID STREETS ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF ALBA PARK
ADDITION, ADJOINING PALO ALTO, BEING A SUBDIVISION OF LOT 4 IN THE MERCIER
TRACT," WHICH MAPS WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON DECEMBER 18, 1905 IN BOOK
"L" OF MAPS, AT PAGE 8; THENCE NORTH 89058’00’’ WEST ALONG THE SAID WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF PARKINSON AVENUE A DISTANCE OF
13.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°02’00’’ EAST AND
PAtL4LLEL TO THE EASTERLY LINE OF PINE STREET A DISTANCE OF 147.00 FEET TO A
POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF AN ALLEY AS
SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF AN ALLEY, NORTH 89~58’00’’ WEST 17.00 FEET; THENCE SOUTH
00~02’00’’ WEST AND PA~LLEL TO THE EASTERLY LINE OF PINE STREET, 147.00 FEET
TO SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PA~INSON AVENUE;
THENCE ALONG SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
PA~INSON AVENUE SOUTH 89~58’00’’ EAST 17.00 FEET TO THE TRU~ POINT OF
BEGINNING.
CONTAINING 2499 SQ. FT. MORE OR LESS
END OF REAL PROPERTY DESC~PTION.
EXHIBIT A
EXHIBIT B AND MADE A~PART
PAGE 1 OF 2
SAID LANDS ARE SHOWN ON THE ATTACHED PLAT
HEREOF.
1401 PARKINSON AVE.
APN: 003-45-037
Z
0
P.O.B. ~
PINE
ST.
EASEMENT ABANDONMENT
S, ~;/,