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HomeMy WebLinkAboutStaff Report 2307-173312.Adoption of a Resolution Vacating Two Public Service Easements at 1129 San Antonio Road 2 6 6 5 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Administrative Services Meeting Date: December 18, 2023 Report #:2307-1733 TITLE Adoption of a Resolution Vacating Two Public Service Easements at 1129 San Antonio Road RECOMMENDATION Staff recommends that Council adopt the attached resolutions summarily vacating two public service easements on the commercial property located at 1129 San Antonio Road, in Palo Alto, CA. ANALYSIS The property owner at 1129 – 1137 San Antonio Road requests that the City vacate two public service easements on their property that were previously granted by a prior owner, accepted by the City, and recorded on February 27, 1980, and February 16, 1982. The easements were needed when the City had overhead electric facilities on the property, but the easements have not been used for more than five years. The City's Utilities Department has reviewed the vacation request and determined that the easements to be vacated are no longer needed and there are no other public facilities located within the easements. Therefore, the easements can be vacated in accordance with the summary proceeding authorized by Section 8333 of the California Streets and Highways Code. FISCAL/RESOURCE IMPACT The property owner has paid the summary easement vacation fee, which amounts to $1,842 per easement vacation as set forth in the FY 2023 Municipal Fee Schedule (in alignment with the date of the applicant’s request). ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative 2 6 6 5 activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: F161 Easement Vacation Attachment B: G602 Easement Vacation APPROVED BY: Kiely Nose, Assistant City Manager 2 1 0 0 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: 116-01-033 Address: 1129 San Antonio Road Palo Alto, CA 94303 SUMMARY VACATION RESOLUTION NO. _____ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PUBLIC SERVICE EASEMENT AT 1129 SAN ANTONIO ROAD, 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 of Palo Alto accepted and recorded a Grant of Easement on the property located at 1129 San Antonio Road, Palo Alto, CA 94303, for public utility purposes, dated February 27, 1980, in Book F161 of Official Records, Page 622; and WHEREAS, the easement has not been used for the purpose for which it was acquired for more than five consecutive years immediately preceding the proposed vacation and the easement has been determined to be excess by the City of Palo Alto Utilities Department, and there are no other public facilities located within the easement; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the 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 2 1 0 0 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 not been used for the purpose for which it was acquired for more than five consecutive years immediately preceding the proposed vacation; and 2. the easement has been determined to be excess by the City of Palo Alto Utilities Department, and 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 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 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. Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). 2 1 0 0 EXHIBIT A 2 1 0 0 EXHIBIT B 2 1 0 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: 116-01-033 Address: 1129 San Antonio Road Palo Alto, CA 94303 SUMMARY VACATION RESOLUTION NO. _____ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PUBLIC SERVICE EASEMENT AT 1129 SAN ANTONIO ROAD, 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 of Palo Alto accepted and recorded a Grant of Easement on the property located at 1129 San Antonio Road, Palo Alto, CA 94303, for public utilities, pole line, and anchor purposes, dated February 16, 1982, in Book G602 of Official Records, Page 393 under Recorder’s Serial Number 7280134; and WHEREAS, the easement has not been used for the purpose for which it was acquired for more than five consecutive years immediately preceding the proposed vacation and the easement has been determined to be excess by the City of Palo Alto Utilities Department, and there are no other public facilities located within the easement; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the 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: 2 1 0 1 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 not been used for the purpose for which it was acquired for more than five consecutive years immediately preceding the proposed vacation; and 2. the easement has been determined to be excess by the City of Palo Alto Utilities Department, and 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 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 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. Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). 2 1 0 1 EXHIBIT A 2 1 0 1 EXHIBIT B