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Home My WebLink AboutStaff Report 438-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMl)ER 6, 2010 REPORT TYPE: CONSENT DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 438:10 SUBJECT: Adoption of a Resolution Summarily Vacating a Pipeline Easement at 4140 Old Adobe Road RECOMMENDATION Staff recommends that Council approve the attached Resolution Summarily Vacating a pipeline easement (Easement) at 4140 Old Adobe Road, Palo Alto, CA. DISCUSSION The owners of the property at 4140 Old Adobe Road have requested that the City vacate a pipeline easement that appeared on the title report for the home at 4140 Old Adobe Road, which they recently purchased. The easement appears to have originated many years before the lot was established and the home built. The easement was established to provide water from a well that existed in an area that is now Old Adobe Road. The pipeline ran across this pareel and an easement was established in 1944, however, in 1969 when the City constructed Old Adobe Road the well was sealed and abandoned. The easement remained in place and was never vacated and the owners are now requesting that the City vacate the easement that appears to run directly under the home which was built in 1970. Staff has received confirmation from the City Utilities, Public Works and Planning depaltments, as well as AT&T, formerly Pacific Bell, that there are no existing utilities within the easement, and there is no plan or future need for the easement. As this easement has never been used, and there are no plans or need for its use it may be summarily vaeated in accordance with Seetion 8333 of the California Streets and Highways Code. RESOURCE IMPACT The easement vacation processing fee of $1,675.00, as set forth in the Municipal Fee Schedule, has been paid by the owner .. CMR:438:10 Page lof2 POLICY IMPLICATIONS The recommendation does not represent any change to City policies. The Planning Department has determined that the vacation of this casement does not impact the existing site's conformity with the Palo Alto Comprehensive Plan. ENVIRONMENTAL REVIEW The proposed summary vacation of the pipeline 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 'nor alteration in land use limitations. PREPARED BY: Manager, Real Property DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Summary Vacation Resolution Attachment B: Site Map cc: property owner CMR:438:IO ~"'LALO PEREZ Director, Administrative Services City Manager 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 SUMMARY A.P. No.: Project No.: project: RESOLUTION NO. 175-20-072 CEV 10/02 vacation of Easement 4140 Old Adobe Road RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PIPELINE EASEMENT AT 4140 OLD ADOBE 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 service easements; and WHEREAS, the City of Palo Alto maps show a pipeline easement for utilities on the property located at 4140 Old Adobe Road as shown on the Tract No. 4813 Clark Subdivision Map, filed in the Office of the Recorder of the County of Santa Clara, on November 20, 1970 in Book 275 of Maps at Pages 38 and 39; and WHEREAS, this pipeline easement is no longer used and all facili ties were removed long ago and there are no other utilities 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 are no longer necessary or used; and WHEREAS, the City Council intends the pipeline public service easement for particularly described in Exhibit "Au, to summarily vacate utilities, as more attached to this 1 resolution and depicted on the plat map attached as Exhibit "B" 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 pipeline public service easement is no longer used or necessary, has not been used for the past 5 years preceding this proposed vacation and no public facilities are located within the easement; and :2. The pipeline public service easement is not needed for present or prospective public facilities and as such has been determined to be excess; and 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 pipeline public service easement is in conformity with the Palo Alto Comprehensive Plan. I3~CTI~~. Based upon the ,findings made in Section 1 of this Resolution and the prov~s10ns of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the pipeline public service 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 pipeline easement for utilities described in Exhibit "A" and depicted in the plat map attached as Exhibit "B" will no longer constitute a public service 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 of the pipeline public service 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. 2 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 L LEGAL DESCRIPTION EXHIBIT 'A' PIPELINE EASEMENT TO BE VACATED 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 a portion of Lot 4 as shown on the map of Tract No. 4813 entitled "CLARK SUBDIVISION", filed on November 20, 1970 in Book 275 of Maps at Pages 38 and 39, Santa Clara County records, said pipeline being called for in the Deed of Executrix between Jane Townley Clark, executrix of the last will of David B. Clark, deceased, grantor, and Herbert V. Alvard and Elizabeth H. Alvard, as jOint tenants, grantees, recorded in Book 1241 of Official Records at Pages 19 through 20 and in the Quit Claim from Esther B. Clark to Herbert V. Alvard and Elizabeth H. Alvard recorded in Book 1448 of Official Records at Page 244, both of Santa Clara County records, the centerline of which is more particularly described as follows: BEGINNING at the southeast corner of said Lot 4; thence along the easterly line of said Lot 4 the following two courses: 1) North 07° 56' 44" West, 47.55 feet and 2) North 07° 31' 40" West, 36.3 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence leaving said easterly line, South 84° 57' 24" West, 226.77 feet; thence North 30° 27' 22" West, 24.62 feet to a point on the westerly line of said Lot 4 and the terminus of said easement centerline, from which the northwest corner of said Lot 4 bears North 06° 29' 37" West, 102.01 feet. Vacated pipeline easement is shown on attached plat Exhibit B and made a part hereof. END OF DESCRIPTION This description is based upon the courses shown on the map of Tract No. 4813 entitled "CLARK SUBDIVISION" filed on November 20, 1970 in Book 275 of Maps at Pages 38 and 39, Santa Clara County records. APN: 175-20-072 I~D.~ Kristina D. Comerer, PLS 6766 Date: O~ 12.'2010 L ) SURVEYOR'S STATEMENT ATTACHMENT B THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT AT THE REQUEST OF TINA S~N OCTOBER 2010. D.~ KRISTINA D. COMERER. PLS 6766 LOT 3 TRUE POINT OF BEGINNING , CENTERLINE PIPELINE EASEMENT~ PER 1241 O.R. 19 AND 1448 O.R. 244 AS SHOWN ON MAP OF TRACT NO. 4813 , TO BE VACATED 175-20-072 LANDS OF WANG AND SUGIMOTO DOC. NO. 20826251 LOT 4 LEGEND BOUNDARY LINE LOT LINE CENTER LINE N 30'27'22" W 24.62 J;, ~'~~ -....I -l'-, :E , \ , " "-----------. POINT OF BEGINNING SOUTHEAST CORNER LOT 4 TRAcT NO. 48J3 cLARK SU8DJYJSJON 275 Ivl. 38 & 39 LOT 5 l_---,~~::::..Noi~~iW~:::,..~:J~~ SCALE: 1" = 40' ,02.01 N 06'29'37" W CROSS LAND SURVEYING, INC. 19L2210 MT. PLEASANT ROAD NORTHWEST CORNER LOT 4 13'-S'1!;£S~'7~\~~l4a PROJECT NO.: 10-52