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Home My WebLink About2000-08-07 City CouncilTO: City of Palo Alto City Manager’s Repo HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:AUGUST 7, 2000 CMR: 304:00 SUBJECT:200 HAMILTON AVENUE -SUMMARY VACATION OF PUBLIC UTILITY EASEMENT RECOMMENDATION Staff recommends that Council: 1) authorize the Mayor to execute the attached Resolution Ordering the Summary Vacation of a 10-foot public service easement for utilities located at 200 Hamilton Avenue, Palo Alto; and 2) waive the easement vacation processing fee of $1,200. DISCUSSION The property owner has requested that the City vacate the 10-foot wide wire overhang easement located on his property at 200 Hamilton Avenue, Palo Alto. The easement to be vacated has never been utilized and is not necessary for any present or anticipated future use. RESOURCE IMPACT Staff recommends waiving the easement vacation-processing fee of $1,200, as set forth in the Municipal Fee Schedule. The easement was granted by the owner as an accommodation to the City, and is subject to termination upon the demolition of the building. The building has been demolished. RESOURCE IMPACT This recommendation will have no impact on the General Fund Budget Stabilization Reserve. POLICY IMPLICATIONS The recommendation does not represent any change to City policies. CMR: 304:00 Page 1 of 2 ENVIRONMENTAL REVIEW The proposed street right-of-way vacation is categorically exempt from the requirements of the California Environmental Quality Act (CEQA); therefore, no environmental assessment is necessary. ATTACHMENTS Attachment A: Resolution Vacating PUE at 200 Hamilton Avenue PREPARED BY: Janet Freeland, Senior Financial Analyst DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: cc: Property Owner, 200 Hamilton Avenue Dir),,~tor,~t"Administrative Services EMILY HARRISON Assistant City Manager CMR: 304:00 Page 2 of 2 ATTACHMENT A Recorded at no change in accordance with Streets & Highways Code Section 8336 at the request of, and when recorded return to: CITY OF PALO ALTO/REAL ESTATE P.O. BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER’S USE A. P.N.: Project Number: Project: 120-27-8 CEV 5/10-99/9 Vacation of utility easement. 200 Hamilton Avenue SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITIES EASEMENT AT 200 HAMILTON AVENUE, PALO ALTO WHEREAS, a 10-foot public service easement for utilities located m 200 Hamilton Avenue has not been utilized in over five (5) consecutive years and is not necessary for future public use; and WHEREAS, from all evidence submitted to the Council of the City of Palo Alto, it is found that said public service easement as described herein is not necessary for present or prospective public use for public utility purposes; and WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate the public service easement for utilities recorded in Book 130, page 256, in the Office of the Recorder, Santa Clara County, State of California, on the 15th day of October 1974; and WI-IEREAS, the Council of the City of Palo Alto intends to vacate such public service easement for utilities according to the procedures set forth in the California Streets and Highways Code Division 9, part 3, Chapter 4 (Section 8330 et seq.); NOW THEREFORE, the Council of the City of Palo Alto does 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. SECTION 2. The 10-foot public service easement for utilities located at 200 Hamilton Avenue is hereby vacated. Said easement is more particularly described in Exhibit A and shown in Exhibit B, which exhibits are attached hereto and made a part hereof by this reference; and SECTION 3. The Council finds that the street right of way has not been utilized in over five (5) consecutive years immediately proceeding the proposed vacation and is not necessary for future public use. SECTION 4. The council finds that the action approved herein is categorically exempt from the requirements of the California Environmental Quality Act and no enviro .nmental impact assessment is necessary. SECTION 5. The City clerk, acting by and through the Real Property Manager, shall cause a certified copy of this resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment or further proof thereof, in the Office of the Recorder of Santa Clara County. SECTION 6. From and after the date of recordation of this resolution, the street right of way shall be considered vacated. 2 INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Assistant City Attomey Director of Utilities Director of Public Works Real Property Manager EXHIBIT A Ju~le 27, 2000 Job # 97170-2 Page 1 of 1 LEGAL DESCRIPTION Vacation of Wire Overhang Easement That certain Wire Overhang Easement granted to the City of Palo Alto by document recorded October 15, 1974 in Book B130, page 256, Official Records of the County of Santa Clara, lying within the City of Palo Alto, County of Santa Clara, State of California, described as follows: Beginning at a point on the Northeasterly prolongation of the Southeasterly line of Lot 14, as said Lot is shown on the Map entitled "Wm. H.H. Hart’s Subdivision of Block 11 University Park", which Map was recorded May 23, 1896 in Book I of Maps, at Page 21, records of Santa Clara County, California, distant thereon North 38015, East 2.62 feet from the most Easterly o corner of said Lot; thence North 52°25’21" West 75.00 feet, more or less, to a point on the Southeasterly line of Hamilton Avenue (60 feet wide); thence North 38°15’ East along said Southeasterly line 10.12 feet; thence South 52°25’21" East 75.00 feet, more or less, to a point on said Northeasterly prolonged line; thence South 38° 15’ West along said prolonged line 10.12 feet, to the Point of Beginning; being a portion of Lot 17 of said Block 11. Said Easement contains 759 square feet, more or less. As shown on the plat Exhibit B, attached hereto, and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. Date Michael L. / I:\dwg\97170\Vacation.do~z/ zl EXHIBIT I. \ dwg \ 97170 \prelim-mop. dwg PLAT TO ACCOMPANY DESCRIPTION WIRE OVERHANG EASEMENT TO BE VACATED OVER LOT 17, BLOCK 11 PALO ALTO CALIFORNIA B (~KIER & WRIGHTIClVIL ENGINEERS & SURVEYORS, INC.3350 Scott eoulevord, Building 22 (408)727-6665 Sonto Cloro, Col ifornio 95054 FAX (408)727-5641 UNE 12, 20.gO 7:40.,I~i 4SED JUNE 2000 DATE MARCH, 2000 SCALE I" = 50’ DR. BY CSS JOB 97170--2 SHEET NO.