HomeMy WebLinkAboutStaff Report 3590
City of Palo Alto (ID # 3590)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/13/2013
City of Palo Alto Page 1
Summary Title: Resolution Vacating Public Service Easements at former PA
Bowl Site
Title: Adoption of a Resolution Summarily Vacating Several Public Easements
Which Have Been Relocated at 4329 El Camino Real
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff recommends that Council approve the attached Resolution Summarily Vacating Public
Utilities Easements (PUE) at 4329 El Camino Real, Palo Alto.
DISCUSSION
The owners of the property at 4329 El Camino Road have requested that the City vacate PUE
which is no longer necessary due to the relocation of utilities in connection with the revisions of
the development plan filed on December 28, 2011 at this location. Owner will be granting the
City new easements for the placement of those utilities. Therefore, this PUE is no longer
necessary for any future public purpose. Staff has notified AT&T (formerly SBC
Communications), the City Utilities, Public Works and Planning Departments of the proposal to
vacate the PUE and all concur with the vacation. Therefore, the PUE to be vacated is not
necessary for any present or future use and it may be summarily vacated in accordance with
Section 8333 of the California Streets and Highways Code.
RESOURCE IMPACT
The easement vacation processing fee of $1,811.00, as set forth in the Municipal Fee Schedule,
has been paid by property owner.
POLICY IMPLICATIONS
City of Palo Alto Page 2
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE 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.
Attachments:
Attachment "A" Easement Vacation Resolution May 2013 (DOC)
Exhibit A Legal Description PUE Abandonment (PDF)
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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
________________________________________________________________
SPACE ABOVE LINE FOR RECORDER’S USE
ATTACHMENT “A”
A.P. No.: Various
Project No.: CEV 01/13
Project: Vacation of Easements
Former Palo Alto Bowl
Site at 4301 El
Camino Real
S U M M A R Y V A C A T I O N
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING PUBLIC SERVICE EASEMENTS
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 easements were accepted by the City of Palo
Alto and recorded in the Office of the Santa Clara County
Recorder on the map entitled Tract No. 10083, filed for record
on December 28, 2011, in Book 849 of maps, at pages 39 through
53, 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 when the
easements have been superseded by relocation and no other public
facilities are located within the easements; and
WHEREAS, the City council intends to summarily vacate
the Public Service Easements for Utilities as more particularly
described herein in Exhibit “A” attached to this resolution and
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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 Public Service Easements described herein on Exhibit
“A” and depicted on the plat map attached as Exhibit “B”
have been superseded by relocation; and
2. No public facilities are located within the said Public
Service Easements; and
3. The public convenience and necessity do not require
reservation of any portion of these easements; 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.
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 public service easements as shown on the attached map
shall be and hereby are 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.
SECTION 4. The public service easements for utilities
described in Exhibit “A” and depicted in the plat map attached
as Exhibit “B” will no longer constitute public service
easements 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 public service easements 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.
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INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
__________________________ ______________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ ______________________________
Senior Asst. City Attorney City Manager
______________________________
Director of Administrative
Services