HomeMy WebLinkAboutStaff Report 14219
City of Palo Alto (ID # 14219)
City Council Staff Report
Meeting Date: 4/11/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Easement Vacation at 14244 Amherst Court, Los Altos Hills, CA
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Council approve the attached resolution ordering the
summary vacation of a portion of a public service easement for sanitary sewer and
utilities and incidental purposes located on the single-family property at 14244 Amherst
Court, Los Altos Hills, CA.
Discussion
A 20-foot public service easement for sanitary sewer and utilities and incidental
purposes was granted to the City of Palo Alto in the document recorded on February
23, 1961, as Book 5081, Page 520, of Official Records. The use of this easement is
restricted to those utilities installed on Improvement Project No. 59-1, i.e. Foothills 1-A
Utilities. The easement was held for the purpose of acquiring, constructing, completing,
reconstructing, repairing, maintaining, and operating sanitary sewers and
appurtenances and other utilities and appurtenances for the City, together with the
right of ingress and egress.
A portion of the easement runs along the eastern perimeter of the parcel located at
14244 Amherst Court, Los Altos Hills, CA. The property owners have requested that the
City vacate the approximate 746 square foot portion of the easement that affects their
property. The City’s Utilities Department has been notified of the request and concurs
with the vacation. This portion of the easement has not been used for the purpose for
which it was acquired in more than 50 years, since the utility mains there were
abandoned in response to construction of Interstate 280. There are currently no in-
place public utility facilities that are in use and would be affected by the vacation. The
Town of Los Altos Hills Public Works Department has also reviewed the easement
vacation and determined that it will not affect the town’s public sewer mains. Therefore,
the easement 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 $1,761 as set forth in the FY 2022 Municipal
City of Palo Alto Page 2
Fee Schedule has been paid by the property owner.
Policy Implications
The recommendation does not represent any change to City policies.
Environmental Review
The proposed summary vacation of a portion of the public service easement for sanitary
sewer and utilities and incidental purposes is categorically exempt 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 Vacation Resolution 14244 Amherst Court RD edits
• Attachment B: 2150250 SEWER VACATION
Attachment A
Attachment A - 1
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 Division
250 Hamilton Avenue
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER’S USE
APN: 182-41-055
Address: 14244 Amherst Court
Los Altos Hills, CA 94022
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT
AT 14244 AMHERST COURT, LOS ALTOS HILLS, CA
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City
Council to summarily vacate a public service easement in any of the following cases: (a) the
easement has not been used for the purpose for which it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation, (b) the date of dedication or
acquisition is less than five years, and more than one year, immediately preceding the proposed
vacation, and the easement was not used continuously since that date, (c) the easement has been
superseded by relocation, or determined to be excess by the easement holder, and there are no
other public facilities located within the easement; and
WHEREAS, there is an existing public service easement that was granted to the City
of Palo Alto for sanitary sewer and utilities and incidental purposes in the document recorded as
Book 5081, Page 520, of Official Records, that runs through the property located at 14244 Amherst
Court, Los Altos Hills, CA 94022; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined
that a portion of the easement has not been used for the purpose for which it was acquired for five
consecutive years or more and is excess and there are no other public facilities located within this
portion of the easement; and
WHEREAS, the Town of Los Altos Hills Public Works Department has evaluated and
determined that the easement vacation will not affect the town’s public sewer mains; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the
Attachment A
Attachment A - 2
portion of public service easement as more particularly described 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 portion of the public service easement described herein on Exhibit “A” and depicted
on the plat map attached as Exhibit “B” has not been used for the purpose for which it was
acquired for five consecutive years or more and is excess; and
2. There are no other public facilities located within the easement.
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 portion of public service easement as shown on the said Exhibits “A” and “B” shall be
summarily vacated.
SECTION 3. The City Clerk, 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 portion of public service easement for sanitary sewer and utilities
and incidental purposes described in Exhibit “A” and depicted in the plat map attached as Exhibit
“B” will no longer constitute a 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 California Environmental Act pursuant to Title 14
California Code of Regulations section 15305 as a minor alteration in land use limitations.
Attachment A
Attachment A - 3
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney or designee
APPROVED:
______________________________
Mayor
______________________________
City Manager
______________________________
Director of Administrative Services
Attachment B
Attachment B -1
Attachment B
Attachment B -2
Attachment B
Attachment B -3