HomeMy WebLinkAboutStaff Report 437-10TO: HONORABLE CITY COUNCIL
j<'ROM: CITY-MANAGER
DATE: DECEMBER 6,2010
REPORT TYPE: CONSENT
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 437:10
SUBJECT: Adoption of a Resolution Summarily Vacating a 5-foot Future Street
Easement at 3708 Laguna Avenue
RECOMMENDATION
Staff recommends that Council approve the attached Resolution Summarily Vacating a 5-foot
future street easement (Easement) at 3708 Laguna Avenue, Palo Alto, CA.
DISCUSSION
The owner of the property at 3708 Laguna Avenue has requested that the City vaeate a 5-foot
wide future street easement which runs along the northeast frontage of his propelty (see attached
map). The owner found that the easement encompasses an area where their front yard
landscaping exists and a large healthy mature tree is located. The owner has requested the
easement vacation in order to clear up title to the property, City staff has confirmed that there
are no public utilities located within the casement area and there are no plans to widen Laguna
Avenue. The area to be vacated lies within the front setback which is limited to landscaping,
fences 01' driveway. The 5-foot future street easemcnt dedication was identii1ed within the
March 1955 Record of Survey of the A. Williams and J. Blackhurst Properties, however, it was
never used or needed and is considered excess right-of-way.
Staff has reeeived eonfirmation from the City Utilities, Public Works and Planning departments,
as well as AT&T, formerly Pacific Bell, that there are no existing utilities within the easement,
and there is no plan or futw'e need for the easement. The Transportation Division has confirmed
there is no future plan or need to widen the street for vehicle or bike/pedestrian pW'Poses. As this
easement has never been used, and there are no plans or need for its use, the easement constitutes
excess right-of-way, which may be swnmarily vacated in accordance with Section 8334 of the
California Streets and Highways Code.
RESOURCE IMPACT
TIle easement vacation processing fee of $1,675.00, as set forth in the Municipal Fee Schedule,
has been paid by the owner.
CMR:437:10 Page 1 of2
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of this easement does not impact the existing site's conformity
with the Palo Alto'Comprehensive Plall.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the 5' future street widening easement 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.
PREPARED BY: ~ARTHA MILLER'"
Manager, Real Property
DEPARTMENT HEAD APPROVAL: T? ;rat'. <2 »
CITY MANAGER APPROVAL:
ATTACHMENTS
. . fj! LALO PEREZ
,~ Director, Administrative S«l'vices
~LO"~y) . to;::: JAMES KEENE
City Manager
Attachment A: Summary Vacation Resolution
Attachment B: Site Map
cc: property owner
CMR:437:10 Page 2 of2
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.:
Proj ect No.:
137-17-014
CEV 10/01
Project: Vacation of Easement
3708 Laguna Avenue
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A 5-FOOT FUTURE STREET
EASEMENT AT 3708 LAGUNA AVENUE
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 maps show a 5-foot future
street easement at 3708 Laguna Avenue as shown on that certain
map entitled, "Record of Survey of the A. Williams and J.
Blackhurst Properties", recorded in the Office of the Recorder
of the County of Santa Clara, on May 13, 1955, in Book 58 of
Maps at page 11; and
WHEREAS, this 5-foot future street easement has never
been used and there are no utilities or public improvements
located within the easement to be vacated; and
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of
way for a street which is not required for street or highway
purposes; and
1
WHEREAS, the City Council intends to summarily vacate
the 5-foot future street easement, as more particularly
described in Exhibit "Au, attached to this resolution and
depicted on the plat map attached as Exhibit "BU to this
resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
SECTION 1. 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.
1. The 5-foot future street easement is excess right-of-way
and is not required for street or highway purposes, and
there are no public facilities located within the easement;
and
2. The 5-foot future street easement is not needed
or prospective street or highway purposes
facilities and as such has been determined to
and
for present
or public
be excess;
3. The public convenience and necessity do not require
reservation of any portion of the easement; and
4. The Council has considered the Palo Alto Comprehensive Plan
and ratifies the determination of the planning department
that the vacation of the 5-foot future street 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 8334 of the
Streets and Highways Code, the City Council does hereby order
that the 5-foot future street easement as shown on the attached
map 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.
SECTION 4. The 5-foot future street easement described
in Exhibit "AU and depicted in the plat map attached as Exhibit
"BU will no longer constitute a public street right-of-way
easement from and after the date of recordation of the documents
identified in Section 3 of this Resolution.
SECTION 5. The Council finds that the summary vacation
2
of the 5-foot future street 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:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
APPROVED:
City Manager
Director of Administrative
Services
3
EXHIBIT "AU
LEGAL DESCRIPTION
FUTURE STREET EASEMENT TO BE REMOVED
All that certain real property situated in the City of Palo Alto,
County of Santa Clara, State of California, described as follows:
Beginning at the southwesterly line of Laguna Avenue and the most
northerly corner of that certain 0.255 aCre tract, as shown on that
certain Record of Survey recorded in Book 58 of Maps, page 11, Santa
Clara County Records;.
Thence running along the southwesterly line of Laguna Avenue South 56
Degrees 55 Minutes 00 Seconds East a distance of 60.00 feet; thence
South 33 Degrees 05 Minutes 00 Seconds West a distance of 5.00 feet;
thence North 56 Degrees 55 Minutes 00 seconds West a distance of 60.00
feet; thence North 33 Degrees 05 Minutes 00 Seconds East a distance
5.00 feet to the Point of Beginning of this description.
Containing 300 square feet.
Easement to be removed is shown on Exhibit B and made a part hereof.
APN 137-17-014
END OF LEGAL DESCRIPTION
, .:
ATTACHMENT B
EXHIBIT "So>
LEGEND
BOUNDARY
EASEMENT
CENTERLINE
A PLAT TO ACCOMPANY. A LEGAL DESCRIPTION
WESTf' ALL ENGINEERS, INC.
SARATOGA. CALIFORNIA 2005-117