HomeMy WebLinkAboutStaff Report 14871 (2)
City of Palo Alto (ID # 14871)
City Council Staff Report
Meeting Date: 11/7/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution Vacating Public Utility Easement 773 Allen
Court
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 utilities located on the
single-family property at 773 Allen Court, Palo Alto, CA.
Discussion
The public service easements shown on the map of Tract No. 1137 Midfair were
dedicated to the City and accepted by the City Council at its May 11, 1953 meeting and
by Resolution No. 2443. One of the easements is for public utilities and a portion of it
affects the northeasterly five feet and northwesterly 10 feet of the parcel located at 773
Allen Court, Palo Alto, CA. The property owner has requested that the City vacate the
approximate 525 square foot portion of the easement that affects their property. The
City’s Utilities Department has reviewed the vacation request and has determined that
the proposed portion of the easement to be vacated is excess and there are no other
public facilities located within the easement. 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
Fee Schedule was paid by the property owner in Fiscal Year 2022.
Policy Implications
The recommendation does not represent any change to City policies.
Environmental Review
Council action on this item is not a project as defined by CEQA because summary
vacation of a public utilities easement is an organizational or administrative activity that
City of Palo Alto Page 2
will not result in direct or indirect physical changes in the environment. CEQA Guidelines
section 15378(b)(5).
Attachments:
• Attachment A: Easement Vacation Resolution 773 Allen Court
• Attachment B: Plat Map and Legal Description 773 Allen Court PUE 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: 127-52-039
Address: 773 Allen Court
Palo Alto, CA 94303
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT
AT 773 ALLEN COURT, PALO ALTO, 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, the City Council of the City of Palo Alto at its May 11, 1953 meeting and
by Resolution No. 2443 accepted the dedication of the public service easements for public use as
shown on map of Tract No. 1137 Midfair; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined
that a portion of the easement that runs through the property located at 773 Allen Court, Palo Alto,
CA 94303 is excess and there are no other public facilities located within this portion of the
easement; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the
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:
Attachment A
Attachment A - 2
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” 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 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