HomeMy WebLinkAboutStaff Report 274-085
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
JUNE 16, 2008 CMR: 274:08
ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 780 ROSEWOOD DRIVE
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution summarily vacating a public
service utilities easement located at 780 Rosewood Drive.
DISCUSSION
The owners of the property at 780 Rosewood Drive have requested that the City vacate a 10-foot
public utilities easement (PUE) which runs across their property. The owners plan to install a
pool in their back yard which will encroach into the 10-foot PUE. Staff has notified AT&T
(formerly SBC) Communications, City Utilities, Public Works and the Planning Department of
the proposal to vacate the PUE, and all concur with the vacation, subject to a Utilities
Department condition requiring the owners to grant the City a new 5-foot PUE to replace the
existing 10-foot PUE, and to pay for the relocation of the utilities located within the PUE to be
vacated. The owner has granted the new 5-foot PUE, and the utility facilities have been
relocated at the owner’s cost. Therefore, the 10-foot PUE to be vacated 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 $1,260.00, as set forth in the Municipal Fee Schedule
is not applicable when a new PUE easement is granted in exchange.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
CMR: 274:08 Page 1 of 2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorica!ly exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
ATTACHMENTS
Attachment A: Summary Vacation
cc: Property Owners
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
DONNA HARTMAN
Sr. Financial Analyst, Administrative Services
Director, Administrative Services
CITY MANAGER APPROVAL:
STEVE EMS~IE aff~ KELLY MORAUIU
Deputy City Managers
CMR: 274:08 Page 2 of 2
Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
ATTACHMENT A
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:
127-33-065
CEV 07//0
Vacation of Public
Utility Easement -
780 Rosewood Drive
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COiINCIL OF THE CITY OF PALO ALTO SUMMARILY
VACATING A PUBLIC SERVICE EASEMENT FOR UTILITIES AT 780 ROSEWOOD
DRIVE
WHEREAS, Chapter 4 of the Public Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330, provides for summary vacation of
streets and public services easements; and
WHEREAS, the City of Palo Alto reserved a public service
easement (PUE) for utilities on the property at 780 Rosewood Drive
as described and shown in the Quitclaim Deed document 2136318,
recorded in Book 5456 Page 284 on February 5, 1962; 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 been superceded by
relocation and there are no other public facilities located within
the easement; and
WHEREAS, the City Council intends to summarily 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" is a
copy of CMR No. : , dated , submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation public utility easement ("Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
10f3
SECTION i. The City Council hereby adopts the Report and,
based upon the Report and all other evidence submitted, makes the
following findings:
I. The public utility easement at 780 Rosewood Drive
has been superceded by relocation;
2. No public facilities are located within the Public
utility easement; and
3. The Public utility easement is not needed for
present or prospective public facilities; and
4.The public convenience and necessity does not
require reservation of any portion of the Public utility easement;
and
5. The Public utility easement to be vacated is not
useful as a non-motorized transportation facility; and
6.The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the planning
department that the vacation of the Public utility easement is in
conformity with the Palo Alto Comprehensive Plan.
SECTION 2. Based upon the findings made in Section 1 of
this Resolution and the provisions of Section 8333 of the Streets
and Highways Code, the City Council does hereby order that the
Public utility easement as described on Exhibit A shall be and
hereby is summarily 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 Council 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:
2 of 3
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
APPROVED:
Deputy City Manager
Director of Administrative
Services
3 of 3
LEGAL DESCRIPTION
EXHIBIT ’A’
VACATION OF.
PUBLIC UTILITY EASEMENT (P.U.E.)
All that certain parcel of land situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEING all of that certain strip of land of the uniform width of 10 feet, as reserved
in the Quitclaim Deed from the City of Palo Alto, a municipal corporation to
Carlyle Barry Whitman, Sr., recorded on February 5, 1962 in Book 5456 of
Official Records at page 284, Santa Clara County records, more particularly
described as follows:
BEING a strip of land of the uniform width of 10 feet, lying adjacent to and
southeasterly of the southeasterly line of Lot 9, Block 224 as shown on the map
of Tract No. 268 entitled "MIDDLEFIELD PARK UNIT NO. 1", filed on May 6,
1946 in Book 10 of Maps at Pages 14 and 15, said Santa Clara County records.
The sidelines of said strip to be prolonged or shortened so as to terminate
northeasterly in the northeasterly line of the parcel of land described in said
Whitman deed and southwesterly in the southwesterly line of the parcel of land
described in said Whitman deed.
P.U.E. contains an area of 1,293 square feet, more or less.
This easement is not a subdivision and creates no new parcel.
P.U.E. is shown on attached plat Exhibit B and made a part hereof.
END OF DESCRIPTION
This description is based upon a field survey of Lands of Cortale as described in
Document No. 19001877, Santa Clara County records.
APN: 127-33-065
Kristina D. Comerer, PLS 6766
License expires: September 30, 2008
Date
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