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Home My WebLink About2000-09-18 City CouncilTO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: 9 ADMINISTRATIVE SERVICES DATE:SEPTEMBER 18, 2000 CMR:267:00 SUBJECT:480 CAMBRIDGE AVENUE AND 1069 EAST MEADOW CIRCLE - SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS RECOMMENDATION Staff recommends that Council authorize the Mayor to execute the attached resolutions ordering the summary vacation of public service easements for utilities located at 480 Cambridge Avenue and 1069 East Meadow Circle, Palo Alto. DISCUSSION The owners of each of these properties requested that the City vacate the Public Utility Easements (PUE) located at each property (see maps attached to resolutions) as a condition of granting new easements to the City. The easements to be vacated have never been utilized and are not necessary for any present or anticipated future public use. RESOURCE IMPACT The easement vacation-processing fee of $1,200, as set forth in the Municipal Fee Schedule, was waived for each owner as a condition of each owner granting the City a new easement for public utilities in another, more suitable location on their property. A new Grant of Easement has been obtained and recorded at each respective property. POLICY IMPLICATIONS The recommendation is consistent with existing City policies. ENVIRONMENTAL ASSESSMENT The proposed street right-of-way vacation is categorically exempt from the requirements of the California Environmental Quality Act (CEQA); therefore, no environmental impact assessment is necessary. CMR:267:00 Page 1 of 2 ATTACHMENTS Attachment A: Resolution Vacating PUE at 480 Cambridge Avenue Attachment B: Resolution Vacating PUE at 1069 East Meadow Circle PREPARED BY: Martha Miller, Financial Analyst DEPARTMENT HEAD: CITY MANAGER APPROVAL: CD~’r eA~ct or,YEAAdTrn~~e Services Assistant City Manager co:Property Owner, 480 Cambridge Avenue Property Owner, 1069 East Meadow Circle CMR:267:00 Page 2 of 2 Recorded at no charge in accordance with Streets & Highways Code Section 8336 at the Request of, and when recorded Return to: CITY OF PALO ALTO/REAL ESTATE PO BOX 10250 PALO ALTO, CA 9~303 SPACE ABOVE LINE FOR RECORDER’S USE A.P. NO.: 124-32-014 PROJECT NO.: CEV 10/13-99/4 PROJECT: Easement Vacation 480 Cambridge 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 ~480 CAMBRIDGE AVENUE W~EREAS, a 10-foot public service easement for utilities located at 480 Cambridge Avenue has never been utilized since acquisition 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 (utilities) easementas described herein is not necessary for present or prospective public use for public utilities purposes; and WHEREAS, it is the intent-of the Council of the City of Palo Alto to vacate the public service (utilities) easement filed in the office of the Recorder Santa Clara County, State of California on the 30th day of March 1994 in book N373 O.R. page 923; and WHEREAS, the Council of the City of Palo Alto intends to vacate such publicservice (utilities) easement 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 I. 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. SECTION 2. The public service (utilities) easement located at 480 Cambrdige Avenue in Palo Alto are h~reby vacated. The easement is more particularly described in 1 Exhibit "A" and shown in Exhibit "B", which Exhibits are attached hereto and incorporated herein by this reference. SECTION 3. The Council finds that the easement has not been utilized in over five (5) consecutive years immediately pr.eceeding the proposed vacation and is not necessary for future public use. SECTION 4. This Council finds that the action approved herein is categorically exempt from the requirements of the California Environmental Quality Act and no environmental 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 acknowledgement, certificate of acknowledgement 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 easement shall be considered vacated. INTRODUCED AND PASSED: AYES: NOES: ABSENT ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Senior Assistant City Attorney Director of Utilities Real Property Manager 2 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITIES EASEMENT TO BE VACATED OVER LANDS OF BAER PALO ALTO, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF CAMBRIDGE AVENUE (60 FEET WIDE) AND THE SOUTHWESTERLY LINE OF SEDRO LANE (20 FEET WIDE); THENCE NORTH 56°13’34" WEST ALONG SAID SOUTHWESTERLY LINE OF SEDRO LANE A DISTANCE OF 51.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE OF SEDRO LANE SOUTH 34°18’01’’ WEST A DISTANCE OF 40.33 FEET; THENCE NORTH 57°07’51" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 34°18’01’’ EAST A DISTANCE OF 40.48 FEET TO AN INTERSECTION WITH SAID SOUTHWESTERLY LINE OF SEDRO LANE. THENCE ALONG SAID SOUTHWESTERLY LINE OF SEDRO LANE SOUTH 56°13’34" FEET A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 404 SQUARE FEET MORE OR LESS. THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT "B", AND BY REFERENCE MADE A PART HEREOF. 299192 9YI SHEET 1 OF 2 I I 10’ PUBLIC UTILITIES EASEMENT. __~LBOOK N373 O.R. PAGE 923 I TO BE VAGATED AREA = 4042Q. FZ. ~ ~E DR5 ANE POINT OF(20’ ~/~ / ...., BEG, NN~NGq z .0 ~ ~a ~ BEGINNING /I~-:-. ~A~N 124-32-014 10.0~- ’ m OAMINo Recorded at no charge in accordance with Streets & Highways Code Section 8336 at the Request of, and when recorded Return to: CITY OF PALO ALTO/REAL ESTATE PO BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER’S USE A.P. NO.: 127-10-054 PROJECT NO.: CEV 15/6-99/5 PROJECT: Easement Vacation 1069 East Meadow Circle SUMMARY VACATION RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITIES EASEMENT AT 1069 EAST MEADOW CIRCLE W~EREAS, a 10-foot public service easement for utilities located at 1069 East Meadow Circle has never been utilized since acquisition 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 (utilities) easement as described herein is not necessary for present or prospective public use for public utilities purposes; and WHEREAS, it is the intent of the Council of the City of Palo Alto to vacate the public service (utilities) easement filed in the office of the Recorder Santa Clara County, State of California on the 2nd day of August 1962 in book 150 of Maps at page 36; and WHEREAS, the Council of the City of Palo Alto intends to vacate such public service (utilities) easement 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 I. 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. 1 SECTION 2. The public service (utilities) easements located at 1069 East Meadow Circle in Palo Alto is hereby vacated. The easement is more particularly described in Exhibit A and shown in Exhibit B, which Exhibits are attached hereto and incorporated herein by this reference. SECTION 3. The Council finds that the easement has not been utilized in over five (5) consecutive years immediately preceeding the proposed vacation and are not necessary for future public use. SECTION 4. This Council finds that the action approved herein is categorically exempt from the requirements of the California Environmental Quality Act and no environmental impact assessment is necessary. SECTION 5. The City Clerk, acting by and through the Real Property Manager, shall cause a certified copy of this resoiution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement 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 easement shall be considered vacated. INTRODUCED AND PASSED: AYES: NOES: ABSENT ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Senior Assistant City Attorney Director of Utilities Real Property Manager A.P.NO. 127-10-054B PROPE RTY DE S CRIPTION ~or E~sement V~ca~on PARCEL 20 February 1, .2000 A portion of real property situated in the City of Palo Alto, County of Santa Clara, State of California more particularly described as follows; Beginning at a point South 47° 21’ 51" East 54.17 feet and South 42° 38’ 09" West 5.00 feet from the most northerly comer of lands shown on Record of Survey as Parcel ’A’, recorded August 2, 1962, in Book 150 of Maps at Page 36 in the Official Re’cords of Santa Clara County bears; THENCE parallel with the northeast line of said lands, South 47° 21’ 51" East 10.00 feet; THENCE parallel with the northwest line ofsaid lands, South 42° 38’ 09" West 20.00 feet; THENCE parallel with the northeast line of said lands, North 47 ° 21’ 51" West 10.00 feet; THENCE parallel with the northwest line of said lands, North 42° 38’ 09" East 20.00 feet to the Point of Beginning. The area of Parcel 1 is 200 square feet more or less. Parcel 20 is shown on attached map Exhibit "B" and made a part hereof. END OF PROPERTY DESCRIPTION FOR PARCEL 1 EXHIBIT "A", 1 OF A.P.NO. 127-10-054B February 1, 2000 REQUESTED BY: Martha Miller CHECKED BY ....: JAMES T. BOURQUIN CI-~CKED BY ....:JAY E. REMLEY, SR. P.L.S. ~ I~E~AL:12710054B PLAT: F7012700.DWG I~I’LE REPORT: December 8, 1999 NO: 99370354 revision (x) xx/xx/O0 jk revision (1) 01/31/00 jk 2 OF 2 PLAT TO ACCOMPANY,DESCRIPTION", FIELD BFIDK REFERENCE, BK 3-5 EXHIBIT JAMES D, KIEHL JAMES BI]URQi ’.HECKED BY: JAY E, REMLE~ LEGAL F]LENAMD I)RA~/ING F]LENAMD Ease, ment Vacation 1069 E. Meadow Circle CITY OF PALO ALTO, CALIFORNIA 50 lO0 SCALE~ 1" = 50 REV]S]I]N~ (X) X/X/97 REVISION, (X) XX/XX/~O00 REV]S]BN, (X) XX/XX/~O00