HomeMy WebLinkAboutStaff Report 166-05City of Palo Alto
City Manager's Report
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TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: MARCH 7, 2005
5
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 166:05
SUBJECT: 4024 AMARANTA AVENUE -SUMMARY VACATION OF ROADWAY
EASEMENT
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution Ordering the Summary Vacation of
a 10-foot easement for street right-of-way located at 4024 Amaranta Avenue, Palo Alto.
DISCUSSION
The property owners have requested that the City vacate the 10-foot street right-of-way located
on the front of their property at 4024 Amaranta Avenue, Palo Alto. The City was granted a 10-
foot right-of-way easement for street purposes in 1963. However, the street easement has never
been improved or used for street purposes. The area to be vacated lies within the 20-foot front
setback, which is limited to use for landscaping, fences, or driveway. No other properties along
this block of Amaranta Avenue have similar 10-foot roadway easements, making it impractical
for any City use. In addition, the Barron Park design guidelines recommend that any
improvements be made to fit within the existing street right-of-way; therefore, it is unlikely the
City would seek an additional 10-foot easement along the frontage of all adjacent parcels to
widen the existing 50-foot right-of-way roadway in this area. The Transportation Division has
confirmed that there is no future plan or need to widen the street for vehicle or bike/pedestrian
purposes. As this right-of-way has never been improved or used as a street and there is no plan
or need to do so, the right-of-way constitutes excess right-of-way, which may be summarily
vacated in accordance with Section 8834 of the California Streets and Highways Code. Staff
notified the City Utilities, Public Works, and Planning departments for the proposal to vacate the
street right-of-way. All affected departments reported there were no utilities located within the
easement. Accordingly, there is no need to reserve an easement for public facilities.
RESOURCE IMPACT
The easement vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, has
been paid by the property owners.
CMR:166:05 Page 1 of2
POLICY IMPLICATIONS
The Planning Department has determined that vacating the right-of-w~y is in conformity with the
Comprehensive Plan. The easement vacation is consistent with Comprehensive Plan policies
promoting neighborhood compatibility (Policy L-6) as well as reducing neighborhood street
widths as appropriate (Policy T-35).
ENVIRONMENTAL REVIEW
Summary vacation of the 10-foot street right-of-way 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.
ATTACHMENTS
Attachment A: Resolution Va~ating Roadway Easement at 4p24 A aranta A venue
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'>Y/1vVlJ 1-1-'--( P PREPARED BY:
C/bONNA HARTMAN
Financial Analyst
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
cc: Property Owner, 4024 Amaranta Avenue
CMR:166:05 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.:
Project:
137-20-058
CEV 20/21/01/8
Vacation of Roadway
Easement Adjacent to
4024 Amaranta Avenue
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A TEN-FOOT STREET
EASEMENT ADJACENT TO 4024 AMARANTA AVENUE
WHEREAS, Chapter 4 of the Public Streets,
Service Easements Vacation Law, commencing with
Highways Code section 8330, provides for summary
streets and public services easements; and
Highways and
Streets and
vacation of
WHEREAS, On July 27,1963, the .City·of Palo Alto acquired by
grant of easement a ten-foot right-of-way for street purposes on
property adjacent to 4024 Amaranta Avenue and adjacent to Amaranta
Avenue. The grant of easement and city resolution of acceptance
were recorded as document #2456550 in Book 6138, Book 325 in the
Office of the Santa Clara County Recorder; and
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-way
of a street not required for street purposes; and
WHEREAS, the City Council intends to summarily vacate the
ten-foot right-of-way received for street purposes 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~ attached to this Resolution as Exhibit "C" is a
copy of CMR No. , dated , 2005, submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of the ten-foot right-of-way ("Report").
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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 ten-foot street right-of-way adjacent to 4024
Amaranta Avenue is excess right-of-way not required for street
purposes as it has not been improved and has never been used for
street purposes since it was acquired in 1963 and is not necessary
now or in the future for the proper functioning of Amaranta Avenue;
and
2. No public facilities are located within the ten-foot
street right-of-way that would be affected by a summary vacation;
and
3. The 10-foot street right-of-way 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 ten-foot street right-of-
way; and
5. The lO-foot street right-of-way 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 lO-foot street right-of-way 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 6rder that the 10-
foot street right-of-way as shown on the Map shall be and hereby is
summarily vacated.
SECTION 3. The City Clerk, acting by and through the Real
Property m~nager, is hereby directed to record at Santa Clara-
County Records a certified copy of this Resolution, including the
Map and the Report.
SECTION 4. The ten-foot right-of-way for street purposes
described in Exhibit "An and depicted in the plat map attached as
Exhibit "Bn will no longer constitute a public street from and
after the date of recordation of the documents identified in
Section 3 of this Resolution.
II
050223 sm 0100342 2
SECTION 5. The Council finds that summary vacation of the
la-foot street right-o{-way is exempt from review under the
California Envir6nmental 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:
ABSTBNTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst., City Attorney
050223 sm 0100342
APPROVED:
Mayor
APPROVED:
City Manager
Director of Administrative
Services
3.
LEGAL DESCRIPTION
PUBLIC STREET EASEMENT TO BE VACATED
. PARCEL A
All that certain parcel of land lying within the City of Palo Alto, County of Santa
Clara, State of California, described as follows:
Beginning at a point in the Northeasterly line of the 5.17 acre parcel of land
conveyed by D. L. Driscoll, et aI., to R. C. Bingley, by deed dated February 20,
1924 and recorded March 3, 1924 in Book 72 of Official Records, Page 297,
Records of Santa Clara County, distant thereon South 56° 55' East 288 feet from
the point of intersection thereof with the Southeasterly line of Los Robles Road
(40 feet wide) said point of beginning. being also on the centerline of Amaranta
Avenue (40 feet wide); thence from said point of beginning South 33° 08' West
parallel with said Southeasterly line of Los Robles Road 20 feet to the TRUE
POINT OF BEGINNING; thence South 56° 55' East along said Southwesterly
line of Amaranta Avenue 90.00 feet; thence South 33° 08' West parallel with said
Southeasterly line of Los Robles Road 10.00 feet; thence North 56° 55' West
parallel with said Southwesterly line of Amaranta Avenue 90.00 feet; thence
North 33° 08' East parallel with said Southeasterly line of Los Robles Road
10.00 feet to the true point of beginning, being a portion of Rancho Rincon de
San Francisquito.
Parcel A contains 900 square feet, more or less.
Parcel A is shown on attached map Exhibit "8" and made a part hereof.
END OF DESCRIPTION
Exhibit "A"
A. P.N. 137-20-050 May 9,2002
SMITH R~NDLETT FOULK &,.sT09f<, INC., P.O. BOX 970, REDWOOD CITY CA 94064, TEL 650, 3681137
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S MIT H, RAN D LET T, F 0 U L K & 5 Toe K; INC.
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