HomeMy WebLinkAboutStaff Report 262-05City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL 4
FROM: CITY MANAGER
DATE: JUNE 13, 2005
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR:262:05
SUBJECT: RESOLUTION SUMMARILY VACATING A TEN-FOOT WIDE PUBLIC
UTILITY EASEMENT AT 4161 DONALD DRIVE
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution Ordering the Summary Vacation of
a 10-foot public service easement for utilities located at 4161 Donald Drive.
DISCUSSION
The property owners have requested that the City vacate the 10-foot wide public utility easement·
(PUE) for overhead electric facilities located on their property at 4161 Donald Drive. The PUE
was created by a 1952 subdivision map prior to the annexation of this area to the City of Palo
Alto. There have never been any utilities in the PUE. All utilities serving Donald Drive
properties are located in the public street right-of-way. Utilities has no future plans for utilities in
this location. Staff has notified the Utilities, Public Works and Planning Departments of the
proposal to vacate the PUE, and all concur with the vacation. The PUE would not be useful as a
non-motorized transportation facility due to its limited use and size. Because this 10-foot PUE
has not been used within the last five years and is not necessary for any present or future use, it
may be summarily vacated in accordance with Section 8333 of the California Streets and
Highways Code.
RESOURCE IMP ACT
The easement vacation-processing fee of $1,200 as set forth in the Municipal Fee Schedule, has
been paid by the property owners. Once the easement is vacated the property owner's interest
will no longer be burdened by the easement.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies and the Planning
Department has determined that vacating the Public Utility Easement is in conformity with the
Comprehensive Plan.
CMR:262:05 Page 1 of2
ENVIRONMENTAL REVIEW
The proposed summary easement vacation of the 10-foot PUE is exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as minor alteration in land use limitations.
PREPARED BY:
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A: Location Map
Assistant City Manager
Attachment B: Resolution Vacating PUE at 4161 Donald Drive.
cc: Mr. and Mrs. Warren Kirsch, 4161 Donald Drive
CMR:262:05 Page 2 of2
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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
ATTACHMENT B
SPACE ABOVE LINE FOR RECORDER'S USE
A.P. No.:
Proj ect No. :
Project:
137-27-027
CEV 11/14~04/6
Vacation of Public
Utility Easement at
4161 Donald Drive
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A TEN-FOOT WIDE PUBLIC
UTILITY EASEMENT AT 4161 DONALD DRIVE.
WHEREAS, Chapter 4 of the Public Streets,
Service Easements Vacation Law, commencing with
Highways Code section 8330, provides for summary
streets and public services easementsi and
Highways and
Streets and
vacation of
WHEREAS, On May 13, 1952, Santa Clara County acquired by
acceptance of a Tract Map a ten-foot Public Utility Easement
(P.U.E.) on the property at 4161 Donald Drive. The acceptance of
the P.U.E. was recorded as Tract No. 948, in Book 36_of Maps at
page 54 in the Office of the Santa Clara County Recorder. This
P.U.E. was later transferred to the City of Palo Alto when the
surrounding area was incorporated into the Palo Alto City limitsi
and .
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
easements when the easement has not been used for the purpose for
which it was dedicated for five consecutive years immediately
preceding the proposed vacationi and
WHEREAS, the City Council intends to summarily vacate the
ten-foot Public Utility Easement as more particularly described in
Exhibit "A" attached to this resolution and depicted on the plat
map attached as Exhibit "B" to this resolutioni and
050606 sm 0100370 1
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. dated submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of the ten-foot Public Utility Easement
("Report") .
NOW, THEREFORE, the City Council Idoes 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 Public Utility Easement on 4161 Donald
Drive has not been improved and has never been used for Public
Utility purposes since it was acquired in 1952 and is not necessary
now or in the future for the proper functioning of Public
Utilities; and
2. No public facilities are located within the ten-foot
Public Utility Easement that would be affected by a summary
vacation; and
3. The ten-foot Public Utility Easement is not needed
for present or prospective public utility facilities; and
4. The public convenience and necessity does not
require reservation of any portion of the ten-foot Public Utility
Easement; and
5. The ten-foot Public Utility Easement 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 la-foot Public Utility 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 8333 of the Streets
and Highways Code, the City Council does hereby order that the 10-
foot Public Utility Easement as shown on the 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
Map and the Report.
SECTION 4. The ten-foot public utility easement described
in Exhibit "A" and depicted in the plat map attached as Exhibit "B"
will no longer constitute a public utility easement from and after
050606 sm 0100370 2
the date of recordation of the documents identified in Section 3 of
this Resolution.
SECTION 5. The Council finds that summary vacation of the
la-foot public utility 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
050606 sm 0100370
APPROVED:
Mayor
APPROVED:
City Manager
Director of Administrative
Services
3
· .
APN: 137-27-027
4161 Donald Drive
Palo Alto, CA 94306
LEGAL DESCRIPTION I
PUBLIC UTILITY EASEMENT TO BE VACATED
All that certain real property situated in the City of Palo Alto, County of Santa Clara,
State of California, being a portion of Lot 94 as shown upon that certain Map of Tract
948 entitled "Green Acres No.2" as shown on a map recorded in the Office of the
Recorder of the County of Santa Clara, State of California, on May 13, 1952 in Book 36,
Page 54, and described as follows:
A strip of land 10 feet wide, the northeasterly line thereof described as follows:
Beginning at the most northeasterly corner of said Lot 94;
Thence North 81° 57' 25" West for 79.46 feet to the easterly line of Donald Drive right of
way as shown on said Map.
The southerly line of said strip of land to be extended or shortened to end at the easterly
line of said Lot 94 and the easterly line of Donald Drive right of way.
Area of Public Utility Easement to be vacated is 801.24 square feet, more or less.
Said PUE is shown on attached map Exhibit B and made a part herein.
End of Description.
April 12, 2005
Exhibit A -
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Architect.
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Sco.le •
Revision Do. tel
April 12, 2005
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