HomeMy WebLinkAboutStaff Report 405-08TO:
City of Palo Alto
City Manager’s Summary Report
HONORABLE CITY COUNCIL
9
FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE
SERVICES
DATE:OCTOBER 20, 2008 CMR: 405:08
REPORT TYPE: CONSENT
SUBJECT:Adoption of a Resolution Summarily Vacating a 10-foot Public Utilities
Easement at 3480 Murdoch Court
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a Public
Utilities Easement (PUE) at 3480 Murdoch Court, Palo Alto.
DISCUSSION
The owner of the property at 3480 Murdoch Court has requested that the City vacate a 10-foot
PUE which runs along his southwest property line (see attached map). The owner plans to
redevelop his property, and wishes to avoid any limitations due to the easement. There are no
public facilities located within this easement, and it has apparently never been used for utilities
purposes. Staff has notified AT&T (formerly SBC Communications), the City Utilities, Public
Works and Planning Departments of the proposal to vacate the PUE and all concur with the
vacation. 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 easemenl vacation processing fee of $1,260.00, as set forth in the Municipal Fee Schedule,
has been paid by the owner.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the 10-foot PUE is in conformity with the Palo Alto
Comprehensive Plan.
CMR:405:08 Page 1 of 2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the 10-foot PUE is categorically 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.
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
MARTHA MILLER
Senior Financial Analyst
Director, Administrative Services .
CITY MANAGER APPROVAL:
City Manager
ATTACHMENTS
Attachlnent A: Summary Vacation Resolution
cc: property owner
CMR:405:08 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:
132-05-098
CEV 07/05
Vacation of PUE -
3480 Murdoch Court
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A 10-FOOTPUBLIC
UTILITIES EASEMENT AT
3480 MURDOCH COURT
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 service easements; and
WHEREAS, the City of Palo Alto acquired a 10-foot
public service easement for utilities on the property
located at 3480 Murdoch Court as shown on the Map of Tract
No. 587 recorded in Book 31 of Maps at page 39, records of
Santa Clara County; and
WHEREAS, this 10-foot public service, easement for
utilities has never been used a’nd there are no other public
facilities within the easement to be vacated; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utilities easements which have never been used, and there are no
public facilities !ocated within the easement; and
WHEREAS, the City Council intends to summarily vacate
the 10-foot public service easement for utilities, as more
particularly described in Exhibit "A", attached to this
]
resolution and depicted on the plat map attached as Exhibit "B"
to this resolution; and
WHEREAS, a£tached 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 of the 10-foot utilities easement "Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
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 easement has not been used for the purpose for
which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation. The 10-foot public
utilities easement has never been used, and no public facilities
are located within the ~easement; and
2. The public utilities easement is not needed for
present or prospective public facilities; and
3.The public convenience and necessity do not
require reservation of any portion of the public utilities
easement; and
4. The public service easement for utilities is not
useful as a non-motorized transportation facility; and
5. The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the
planning department that the vacation of the 10-foot public
utilities 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 10-foot public utilities easement as shown on the
attached map(s) 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 Maps and the Report.
SECTION 4. The 10-foot easement for utilities described
in Exhibit "A" and depicted in the plat map attached as Exhibit .
2
"B" will no longer constitute a public easement from and after
the date of recordation of the documents identified in Section 3
of this Resolution.
SECTION 5. The Council finds that summary vacation of
the 10-foot public utilities 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:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
APPROVED:
City Manager
Director of Administrative
Services
EXHIBIT A
LEGAL DESCRIPTION
Easement Vacation
The land referred to herein is situated in the State of California, County of
Santa Clara, City of Palo Alto, described as follows:
Beginning on the southeast line of Murdoch Court at a common corner of Lots ii
and 12 as shown on the Map of Tract No. 587 recorded in Book 31 of Maps at page
39 and 40; thence South 38 D~grees 29 Minutes 00 Seconds West a distance of
17.54 feet to the beginning of a 80.00 foot t&ngent curve, concave to the
Northwest; thence Southwesterly, along said curve, through a central angle of 15
Degrees 29 Minutes 26 Seconds an arc distance of 21.63 feet to the True Point of
Beginning of this description;
thence non-tangent to said curve, South 23 Degrees 54 Minutes 01 Seconds East a
distance of 130.76 feet; thence South 38 Degrees 29 Minutes 00 Seconds West a
distance of 11.29 feet; thence North 23 Degrees 54 Minutes 01 Seconds West a
distance of 134.50 feet to the beginning of a 80.00 foot non-tangent curve,
concave to the Northwest, a radial to said beginning bears South 28 Degrees 46
Minutes 47 Seconds East; thence Northeasterly, along said curve, through a -
central angle of 07 Degrees 14 Minutes 47 Seconds an arc distance of 10.12 feet
to the True Point of Beginning of this description.
Containing 1,325 square feet, more or less.
Said lands are shown on attached plat exhibit B and made a part here of.
No. 4953
Exp. 12-31-09
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY
SARATOGA, CA ....