HomeMy WebLinkAboutStaff Report 219-05WHEREAS, 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 346 square foot portion of Palo Alto Avenue
(the "Report") .
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 346 square foot portion of Palo Al to Avenue
street right-of-way adjacent to 548 Palo Alto Avenue and 133 Cowper
Street is excess right-of-way not required for street purposes as
it has not been improved, as was the rest of Palo Alto Avenue, and
has never been used for street purposes and is not necessary now or
in the future for the proper functioning of Palo Alto Avenue; and
2. No public facilities are located within the portion
of right-of-way to be vacated; and
3. The 346 square foot portion of street right-of-way
is not needed for present or prospective public facilities; and
4. The public convenience and
require reservation of any portion of the
proposed to be vacated; and
necessity does not
street right-of-way
5. The portion of the street right-of-way to be vacateq
is not useful as a nbn-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 346 square 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 order that the 346
square foot portion of street right-of-way as shown on the Maps
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
Map and the Report.
SECTION 4. The 346 square foot portion of right-of-way
described in Exhibits "A-1" and "A-2" and depicted in the plat maps
attached respectively to Exhibits "A-1" and "A-2" will no longer
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