HomeMy WebLinkAboutStaff Report 12405
City of Palo Alto (ID # 12405)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/9/2021
City of Palo Alto Page 1
Summary Title: Easement Vacation at 3500 Louis Road
Title: Adoption of a Resolution Vacating Public Utility Easement at 3500 Louis
Road
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Council adopt the attached resolution summarily
vacating a 5-foot wide Public Utilities Easement (PUE) at 3500 Louis Road, Palo Alto,
CA.
Discussion
The owner of the property at 3500 Louis Road has requested that the City vacate a 5-
foot-wide public utility easement (PUE), filed of record in the Office of Recorder of the
County of Santa Clara, on April 30, 1957, in the Book 81 at page 21. No utilities have
ever been installed by the City in the PUE area, and after review, City staff has
determined that the area would not be used for this purpose. Therefore, this PUE is no
longer necessary for any future public purpose. City Utilities, Public Works, and Planning
departments have all reviewed the proposal to vacate the PUE and concur with the
vacation. Therefore, the PUE may be vacated in accordance with the summary
proceeding authorized in Section 8333 of the California Streets and Highways Code.
Resource Impact
The easement vacation processing fee of $1,726 as set forth in the Municipal Fee
Schedule of FY 2021 has been paid by the property owner.
Policy Implications
The recommendation does not represent any change to City policies. The Planning
Department has determined that the vacation of this easment is in conformity with the
Palo Alto Comprehensive Plan.
Environmental Review
The proposed summary vacation of the public utilities easement is categorically exempt
City of Palo Alto Page 2
from 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 – 3500 Louis Road Vacation Resolution
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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
A.P. No.: 127-45-001
Project: Vacation of Easement 3500 Louis Road
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 EASEMENT
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 5-foot wide public utility easement located at 3500 Louis Road was accepted by the City of Palo Alto and recorded in the Office of the Santa Clara County Clerk-Recorder
on April 30, 1957 as Recording No. 1334252, in Book 81, on page 21; and
WHEREAS, the northwesterly 5-feet wide utilities easement has never been used and there are no utilities or
public improvements located within the 5-feet easement area to be vacated; and
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate public service
utilities easements when the easement has never been used, which are no longer necessary when the easements have been superseded by relocation, and no other public facilities are located within
Attachment A
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the easements; and WHEREAS, the City council intends to summarily vacate the Public Service Easement for Utilities as more particularly
described herein in Exhibit “A” attached to this resolution and 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 Easement described herein on Exhibit “A”
and depicted on the plat map attached as Exhibit “B” has never been used; and
2. No public facilities are located within the said Public Service Easement; and
3. The public convenience and necessity do not require reservation of any portion of this easement; and 4. The Council has considered the Palo Alto Comprehensive Plan
and ratifies the determination of the Planning Department that the vacation of the 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 easement as shown on the attached map shall be and hereby is summarily vacated.
SECTION 3. The Administrative Services Department staff, acting by and through the Real Property Manager, is
hereby directed to record at the Santa Clara County Clerk-Recorder’s Office a certified copy of this Resolution, including the Map.
SECTION 4. The public service easement for utilities described in Exhibit “A” and depicted in the plat map attached as Exhibit “B” will no longer constitute public service easement 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 easement is exempt from review under the
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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: APPROVED:
__________________________ ______________________________ City Clerk Mayor
APPROVED AS TO FORM:
__________________________ ______________________________ City Attorney or designee City Manager ______________________________ Director of Administrative
Services