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HomeMy WebLinkAboutStaff Report 227-10 (2)TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: May 3, 2010 REPORT TYPE: CONSENT DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 227:10 SUBJECT: Adoption of a Resolution Summarily Vacating Public Access and Public Recreation Access Easements at 600 and 620 Sand Hill Road RECOMMENDATION Staff recommends the City Council approve the attached Resolution Summarily Vacating Public Access and Public Recreation Access Easements at 600 and 620 Sand Hill Road so that staff can record new easements reflecting the correct alignment of the access roads and path as they were constructed and now exist. BACKGROUND In June 1997, the Council approved the Sand Hill Corridor projects including the Stanford West Apartments, Shopping Center modifications, roadway modifications and Senior Housing. A development agreement vesting the approvals was entered into between the City and Stanford on August 14, 1997. The Sand Hill Corridor Final Subdivision Map was approved by the Council and recorded with the County on May 24, 1999. On December 6, 2002, plans for the Senior Housing project at 600 and 620 Sand Hill Road (Classic Residence Senior Housing by Hyatt) were approved by the Architectural Review Board (ARB). All projects are now completed and operating. DISCUSSION Certain easements established on the Final Map prior to the final ARB approval of the Senior Housing plans require adjustment. These easements are for public access (PAE) and public recreational access (PRAE), and are not in accordance with refinements made to paved surfaces as approved by the ARB in 2002 and as currently constructed. To accomplish the necessary adjustments, the PRAE and PAE need to be vacated and where necessary replaced by new easements correctly reflecting the actual location of improvements. The new easements reflecting the correct alignment are complete and ready for recordation following the approval of this easement vacation resolution. To streamline title issues the new easements will be recorded with the County following recordation of the attached Summary Vacation Resolution removing the incorrectly located easements as shown on the Final Map previously recorded and which are no CMR:227:10 1 of 2 longer necessary for present or future public use. The PAE and PRAE easements to be vacated are described and shown on various Exhibits A and B attached to the Resolution. Staff from the departments of Utilities, Public Works and Planning have reviewed and approved the easements to be vacated as well as the replacement easements which have recently been granted by Stanford University and accepted by the City Manager. The easements to be vacated are not necessary for any present or future use and therefore may be summarily vacated in accordance with Section 8333 of the California Streets and Highways Code. RESOURCE IMPACT The easement -vacation processing fees as set forth in the Municipal Fee Schedule are not applicable when new easements are granted in exchange for those vacated. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has' determined that the vacation of portions of the PRAE and PAE are in conformity with the Palo Alto Comprehensive Plan. ENVIRONMENTAL REVIEW The proposed summary vacation is categorically exempt from the 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: Resolution Summarily Vacating Public Access and Public Recreation Access Easements at 600 and 620 Sand Hill Road. PREPARED BY: MARTHA MILLER Real Property Manager DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: Director, Administrative Services JAMES KEENE City Manager cc: Stanford Management Company CMR:227:10 2 of 2 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: 142-2-020,021 CEV 26/5-05/01 Vacation of Public Access/Public Recreational Access easements at 600, 620 Sand Hill Road SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING PUBLIC ACCESS AND PUBLIC RECREATION ACCESS EASEMENTS AT 600 AND 620 SAND HILL ROAD 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 acquired public access and public recreational access easements on the property at 600'and 620 Sand Hill Road as shown on Tract 9139, entitled "Stanford West," filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive Records of Santa Clara County; and WHEREAS, pursuant to Section 8306 of the Streets and Highways Code rights -of -way and easements acquired for public use for pathways and other limited uses other than street or highway purposes are public service easements; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service 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 service easements for access and recreation access as more particularly described in Exhibits "A", "A-1", "A-2" and "A-3" attached to this resolution and depicted on the plat maps attached as Exhibits "B", "B-1", "B-2" and "B-3" to this resolution. NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. The City Council hereby adopts the Report and, based upon the Report and all other evidence submitted, makes the following findings: 1. The public access and public recreational access easements at 600 and 620 Sand Hill Road have been superceded by relocation to accommodate new development and improvements; and 2. No public facilities are located within the public access and public recreational access easements; and 3. The public access and public recreational access easements are not needed for present or prospective public facilities; and 4. The public convenience and necessity does not require reservation of any portion of the easements to be vacated; and 5. The easements to be vacated are not useful as non - motorized transportation facilities; 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 access and public recreational access easements 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 access and public recreational access easements as shown on the Maps shall be and hereby are 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 public access and public recreational access easements described in Exhibit "A", "A-1", "A-2" and "A-3" and depicted in the plat maps attached as Exhibit "B", "B-1", "B-2" and "B--3" will no longer constitute public access easements 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 public access and public recreational access easements 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: City Clerk APPROVED: Mayor APPROVED AS TO FORM: APPROVED: Senior Asst. City Attorney City Manager Director of Administrative Services 1 �1 ENGINEER SOW ON54EANNERS October 7, 2005 BKF No. 896060-93 Page 1 of 2 QC4 EXHIBIT `A Legal Description PUBLIC RECREATIONAL ACCESS EASEMENT (TO BE VACATED) (Portion of Lots 5 and 6, Tract No. 9139 "Stanford West") Palo Alto, Santa Clara County, California All that certain real property situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of Parcels 1 & 2, as described in that certain Certificate of Compliance (Lot Line Adjustment) recorded June 23, 2003, under Document No. 17130523 of Official Records of Santa Clara County, described as follows: Being also a portion of Lots 5 & 6, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, more particularly described as follows: Being the 22 foot wide Public Recreational Access Easement within Lot 6, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, to be vacated. Also all of the Public Recreational Access Easement within Lot 5, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, to be vacated. As shown on Exhibit "B-3" attached hereto and made a part hereof. This description was prepared by me or under my direction. For: BKF Engineers /0- -1 ePs" Davis Thresh, P.L.S. No. 6868 Dated License expires 9-30-2006 BMWS Num= 'Fumes CAL4F POINT OF BEGINNING L,CYT v TRAc-I No. 9139 /] 3 .10-1B PARCEL 2 DOC. NO. 17130523 (LOT UNE ADJUSTME APN: 142-02-0 i MATCH UNE SEE SHEET 2 r 3 N opt LOT 7 TRACT NO. 9139 716 M 10-18 TRUE POINT OF BEGINNING 22'p PUBLIC R ACCESS EA TRACT NO. 913 ; 716 14 10-t,8 T VACATED, 37 513 UNE TABLE UNE BEARING LENGTH L1 S 40`39'52" W 2.17' L2 S 28`35'23" W 12.01' CURVE TABLE CURVE RADIUS DELTA LENGTH C1 680.00 12'04'28" 143.30' C2 75.00 20'29'36" 26.83' C3 978.00 1'24'12" 23.95' , O 20 40 80 (SCALE IN FEET) EXHIBIT B PALO ALTO, SANTA CLARA COUNTY, CAUFORNIA K: \SUR89\896060.93\DWG\QC4 EXHIBIT B.DWG 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PUBLIC RECREATIONAL ACCESS EASEMENT TO BE VACATED (STANFORD) Job No 896060-93 By RI. Date 10/07/05 Chkd DRT SHEET 1 OF 5 ArY/oRavgo RV/ CURVE TABLE CURVE RADIUS DELTA LENGTH C4 135.00 4521120" 106.86' C5 135.00 55'34'45" 130.95' C6 85.00 59'22'50" 88.09' SAN FRANCISQUTTO CREEK M zNz cn 22' PUBLIC RECREATIONAL ACCESS EASEMENT PER TRACT NO. 9139, 718 M 10-18 TO BE VACATED, 37,513 SF* annum 1 MATCH UNE SEE SHEET 1 __..J1 0 TRACT i\ O. 9139 716i1 1O-1B PARCEL 2 DOC. NO. 17130523 (LOT UNE ADJUSTMENT) APN: 142-02-021 1 1 3 s4) cn % (LOT LINE ADJUSTMENT) APN: 142-02-020 O. 17130523 7 72.21 ACS f 2 20"W 7 . PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K:\SUR89\896060.93\DWG\QC4 EXHIBIT B.DWG LOT 5 FiA : N O. 9139 71 a NI 10 .1{3 0 0 40 80 (SCALE IN FEET) EXHIBIT 'B, BKF Dm=I>Ierr>i 'PI 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PUBLIC RECREATIONAL ACCESS EASEMENT TO BE VACATED (STANFORD) Job No. 896060-93 By Date 10/07/05 Chkd.DRT SHEET 2 OF 5 )io,ee v p.O OY ; OND s CURVE TABLE CURVE RADIUS DELTA LENGTH C7 620.00 16'06'05" 174.23' C8 58.00 30'55'31" 31.31' C9 82.00 33`5$'43" 48.58' 1.MATCH LI E 635-- SEE SHE T 4 -06 0 a Ell 22' PUBLIC RECREATIONAL ACCESS EASEMENT PER TRACT NO. 9139, 716 M 10-18 TO BE VACATED, 37,513 SF± DOC. NO. 17130523 (LOT LINE ADJUSTMENT) APN: 142-02-020 LOT 5 TR A CT No, 9139 7.16 NJ JO- 1 0 0 40 80 (SCALE IN FEET) EXHIBIT B PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K:\SUR89\896060.93\DWG\QC4 EXHIBIT B.DWG LAKF EINEENIMEmnse Rumen 981 RIMER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PUBLIC RECREATIONAL ACCESS EASEMENT TO BE VACATED (STANFORD) Job No. 896060-93 By RL Date 10/07/05 Chkd.DRT SHEET 3 of 5 '644 /1,..// gpt O te4t44‘ 22' PUBLIC RECREATIONAL ACCESS EASEMENT PER TRACT NO. 9139, 718 M 10-18 TO BE VACATED, 37,513 SF* / V LOT 4,_ TRACT NO. ,919 716 M j.0-18 PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K: \SUR89\896060.93\DWG\QC, XHIBIT B.DWG Subject PUBLIC RECREATIONAL ACCESS EASEMENT TO BE VACATED (STANFORD) / / MATCH UNE SEE SHEET 3 411.4 RCEL 1 D0 I 0. 17130523 (LOT UNE `ADJUSTM . T APN: 142-02-020 LOT TRACT NO, 9 i39 7i 0 — J c CURVE TABLE CURVE RADIUS DELTA LENGTH C9 82.00 33'56'43" 48.58' C1O 405.00 14"25'58" 102.02' C11 50.00 86.56'33" 75,87' 7628' C12 65.00 6714'35" UNE TABLE UNE BEARING LENGTH 23.88' L3 S 32'01'25" E 5 I MATCH UNE SEE SHEET 5 EXHIBIT B. B K F BomajI~eTereee IPuan 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Job No 896060-93 By RL Date 10/29/05 Chkd DRT SHEET 4 OF 5 ' ', O'F.,O LYE' \ y LOT4 \\\/ TRACT NO. 9139 •y 716 M 10-18 MATCH LINE SEE SHEET 4 UNE TABLE - UNE BEARING LENGTH L3 S 32'01'2511 E 23.88' L4 N 36'36'25" W 6.00' 14' PUBLIC RECREATIONAL c-- I ) \ / \ sy°'' \ /4 /.0/03/ 5,, 04y ACCESS EASEMENT PER TRACT NO. 9139, 716 M 10-18 TO BE VACATED, 37,513 SF* L. a TF a .16 .\o; 10—.1E3 PARCEL 1 DOC. NO. 17130523 (LOT UNE ADJUSTMENT) APN: 142-02-020 0 0 40 80 (SCALE IN FEET) EXHIBIT B PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K: \SUR89\896060.93\DWG\QC4 EXHIBIT B.DWG BKF 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PUBLIC RECREATIONAL ACCESS EASEMENT TO BE VACATED (STANFORD) Job No. 896060-93 By EL______ Date 10/07/05 Chkd DRT SHEET 5 OF 5 , /2iQ, / J °kJ ,?-t ENGINEERSI MAW, F psi PLANNERS EXHIBIT "A-2" Legal Description PUBLIC ACCESS EASEMENT (TO BE VACATED) (Portion of Lot 6, Tract No. 9139 "Stanford West") Palo Alto, Santa Clara County, California October 7, 2005 BKF No. 896060-93 Page 1 of 1 QC2 All that certain real property situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of Parcel 2, as described in that certain Certificate of Compliance (Lot Line Adjustment) recorded June 23, 2003, under Document No. 17130523 of Official Records of Santa Clara County, described as follows: Being also a portion of Lot 6, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 2, said corner being on the westerly line of Sand Hill Road as shown on said map; Thence leaving said westerly line, along the northerly line of said Parcel 2, North 86°06'55" West, 20.13 feet to a point on the westerly line of a 20 foot wide Public Access Easement (P.A.E.) as shown on said map; Thence leaving said northerly line, along last said westerly line the following three (3) courses: 1. South 10°17' 14" West, 350.25 feet to the True Point of Beginning of this description; 2. ',South 10°17' 14" West, 49.23 feet to the beginning of a curve to the right, having a radius of 1020.00 feet; 3. Along said curve through a central angle of 5°24'01", for an arc length of 96.14 feet; Thence leaving last said westerly line, South 81°33'45" East, 11.13 feet; Thence North 8°26'15" East, 145.00 feet; Thence North 81°33'45" West, 1.92 feet to the True Point of Beginning of this description. Containing a total area of 762 square feet, more or less. As shown on Exhibit "B-2" attached hereto and made a part hereof. This description was prepared by me or under my direction. For: BKF Engineers 1L7--1-OS Davis Thresh, P.L.S. No. 6868 Dated License expires 9-30-2006 K:1Sur891896060.931tegals\QC2 Exhibit A.doc IfwegO 04d 0Y/1 LOT 7 TRACT NO. 9139 716 M 10-18 PARCEL 2 DOC. NO. 17130523 (LOT UNE ADJUSTMENT) APN: 142-02-021 TRUE POINT OF BEGINNING N86'06'55"W 20.13' TRUE POINT OF BEGINNING L(Tr 6 716 M 10-18 TRACT NO. 9139 N81'33'45"W 1.92' 1 1 - - 1 • - 1 • R=1020.00' A=05'24`01" L=96.14' DETAIL A 111=51 PORTION OF PUBU ACCESS EASEMENT (TO BE VACATED 782 SF S81'33'45"E 11.13' 1 SEE DETAIL Al. , 14 .1 i r o :5.1111 c7) pig I I fil 1 1 i _ O . 5 Do. NO. 1E 051 23 716 M 10-18 f (LOT UNE ADJUSTMENT) TllA T N 91391 APN: 142-02-020 r PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K: \SUR89\896060.93\DWG\QC2 EXHIBIT B.DWG 1 POINT OF BEGINNING PUBLIC ACCESS EASEMENT PER TRACT NO. 9139 716 M 10-18 0 0 cc J qV Uam w�� z co GRAPHIC SCALE 41 (INFEET ) EXHIBIT "B-2" I��B K F EsumenlionmssiPumme 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PORTION OF PUBLIC ACCESS EASEMENT (STANFORD) Job No. 896060--93 By ADB Date 10/07/05 Chkd DRT SHEET 1 OF 1 /fooddwaro 9y: 4,(1},„, Da) i cia,-06 glidINER tSIIRVEVORSi Pt1NNERs October 7, 2005 BKF No. 896060-93 Page 1 of 1 QC1 EXHIBIT A-3 Legal Description PUBLIC ACCESS EASEMENT (TO BE VACATED) (Portion of Lot 6, Tract No. 9139 "Stanford West") Palo Alto, Santa Clara County, California All that certain real property situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being a portion of Parcel 2, as described in that certain Certificate of Compliance (Lot Line Adjustment) recorded June 23, 2003, under Document No. 17130523 of Official Records of Santa Clara County, described as follows: Being also a portion of Lot 6, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 2, said corner being on the westerly line of Sand Hill Road as shown on said map; Thence leaving said westerly line, along the northerly line of said Parcel 2, North 86°06'55" West, 20.13 feet to a point on a the westerly line 20 foot wide Public Access Easement (P.A.E.) as shown on said map; Thence leaving said northerly line, along last said westerly line, South 10°17'14" West, 89.86 feet to the True Point of Beginning of this description; Thence continuing along last said westerly line, South 10°17' 14" West, 184.14; Thence leaving last said westerly line, South 81°05'15" East, 4.06 feet; Thence North 8°54'45" East, 71.50 feet; Thence North 10°32' 14" East, 32.10 feet; Thence North 8°54'48" East, 80.50 feet; Thence North 81°05'12" West, 0.56 feet to the True Point of Beginning of this description. Containing a total area of 429 square feet, more or less. As shown on Exhibit "B-1" attached hereto and made a part hereof. This description was prepared by me or under my direction. For: BKF Engineers 10-- el- 05 Davis Thresh, P.L.S. No. 6868 Dated License expires 9-30-2006 ,17Pa;7 / r /IAA. K:1Sur891896060.9311egals\QC1 Exhibit A.doc LOT 7 TRACT NO. 9139 716 M 10-18 PARCEL 2 DOC. NO. 17130523 (LOT LINE ADJUSTMENT) APN: 142-02-021 TRUE POINT OF BEGINNING LOT 6 716- M 1O -1B TRACT. No., 9139 DETAIL A 1"=5' N86'06'55NW 20.13' TRUE POINT OF BEGINNING I \ SEE DETAIL A �► 11.8 \ 1 t N81'05'12"W 1" g o iz Imo M 3 I C E �� o o 5, rn In W 0.56' PORTION OF PUBU ACCESS EASEMENT (TO BE VACATED) 429 SF± S81'05'15"E 4.06' PALO ALTO, SANTA CLARA COUNTY, CALIFORNIA K: \SUR89\896060.93\DWG\QC1 EXHIBIT B.DWG POINT OF BEGINNING PUBLIC ACCESS EASEMENT PER TRACT NO. 9139 716 M 10-18 AS THR GRAPHIC SCALE Ti L 1 (INFEET) EXHIBIT B-3 MOM I BkF FiumnsilluennisSPI 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PORTION OF PUBLIC ACCESS EASEMENT (STANFORD) Job No. 896060-93 By ADB Date 10/07/05 Chkd DRT SHEET 1 OF 1 depf,ga f4 L\di -ze 7filN Eft SURVEY Rai PLANNERS October 7, 2005 BKF No. 896060-93 Page 1 of 2 EXHIBIT A-4 Legal Description 14 Foot wide PUBLIC RECREATION ACCESS EASEMENT To be vacated (Portion of Lot 6, Tract No. 9139 "Stanford West") Palo Alto, Santa Clara County, California All that certain real property situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Being the 14 foot wide Public Recreation Access Easement, along the northeasterly line of Lot 6, Tract No. 9139, entitled "Stanford West", filed May 26, 1999 in Book 716 of Maps at Pages 10 through 18 inclusive, Records of Santa Clara County, to be vacated. As shown on Exhibit "B" attached hereto and made a part hereof. This description was prepared by me or under my direction, For: BKF Engineers Davis Thresh, P.L.S. No. 6868 License expires 9-30-2006 Iii --1.—o6 Dated DAVIS THRESH EXP. 9/30/06 No, 6869 ,R/Wdei (3-1 22' PUBUC RECREATION ACCESS EASEMENT & SANTA CLARA VALLEY WATER DISTRICT EASEMENT, PER TRACT NO. 9139, 716 M 10-18 14' PUBUC RECREA110N ACCESS EASEMENT, PER TRACT NO. 9139. 716 M 10-18, TO BE VACATED LOT 6 TRACT NO. 9139 716 M 10-18 GRAPHIC SCALE (INFEET ) LOT 7 TRACT NO. 9139 716 M 10-18 SAND HILL ROAD PALO ALTO, SANTA CLARA CO„ CA K: \SUR89\896060.93\DWG\PRAEVAC.DWG EXHIBIT B-4 '- PLAT TO ACCOMPANY DESCRIPTION LkTBIO Elimmilefemusillumme 981 RIDDER PARK DRIVE SUITE 100 SAN JOSE, CA 95131 408-467-9100 408-467-9199 (FAX) Subject PUBLIC RECREATION ACCESS EASEMENT VACATION Job No. 896060.93 By JG Date 10-07-05 Chkd JVK SHEET 1 OF 1 A —P P az() B `' DeJ q-7 -nom