HomeMy WebLinkAboutStaff Report 2307-17793.Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating
and Vacating a 25 Foot Public Service Easement at 220 Embarcadero Road
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: August 14, 2023
Report #:2307-1779
TITLE
Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and
Vacating a 25 Foot Public Service Easement at 220 Embarcadero Road
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or designee to execute the Easement
Relocation Agreement relocating a public service easement on the commercial property
located at 220 Embarcadero Road; and
2. Adopt a resolution summarily vacating a public service easement on the commercial
property located at 220 Embarcadero Road after the relocated easement has been
recorded.
ANALYSIS
On April 20, 1992, the City Council introduced and passed a resolution ordering the vacation of
a street easement on a portion of Melville Avenue between Bryant and Emerson Streets, while
reserving a 25-foot easement benefitting the City for underground and overhead public utilities
purposes.1 This Public Utility Easement (“PUE”) is associated with the property owned by the
Castilleja School Foundation (“Castilleja”). 2
On June 6, 2022, the City Council approved Castilleja’s applications for Architectural Review
with Parking Adjustment, Conditional Use Permit, and Variance, and made several findings,
determination and declarations.3 In connection with those applications, the City Council made it
1 General Vacation, Resolution No. 7086, recorded as Recording Number 11386298, Book M218, Page 0593 of
Official Records of Santa Clara County.
2 https://www.cityofpaloalto.org/City-Hall/Hot-Topics/Castilleja-School
3 https://www.cityofpaloalto.org/files/f65eb77d-4d17-41a6-8158-44f1df3b649f/Casti-Signed-ROLUA-and-
Exhibit.pdf
a Condition of Approval that Castilleja relocate the existing 25-foot PUE to be within the
boundaries of the driveway that is proposed near the Emerson Street and Melville Avenue
intersection. Castilleja has agreed to relocate the existing 25-foot public utility easement. To
relocate the easement, the City will execute an Easement Relocation Agreement creating a 25-
foot PUE within the proposed new driveway and adopt a resolution to vacate the existing
easement in accordance with Section 8333 of the California Streets and Highways Code.
FISCAL/RESOURCE IMPACT
The property owner paid the summary easement vacation fee in FY 2023, which amounts to
$1,842 as set forth in the FY 2023 Municipal Fee Schedule.
ENVIRONMENTAL REVIEW
Council action to relocate the public service easement is within the scope of the Environmental
Impact Report prepared for the Castilleja School Project and adopted by the Council on June 6,
2022 (SCH #2017012052).
ATTACHMENTS
Attachment A: Summary Vacation Resolution & Easement Relocation Agreement
APPROVED BY:
Kiely Nose, Assistant City Manager
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:124-12-034
Address:220 Embarcadero Road
Palo Alto, CA 94301
RELOCATION AND SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
RELOCATING AND SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 220 EMBARCADERO ROAD, PALO ALTO, CA
WHEREAS, under General Vacation, Resolution No. 7086, recorded as Recording
Number 11386298, Book M218, Page 0593 of Official Records of Santa Clara County, the City
of Palo Alto reserved a 25-foot easement for public utilities purposes benefitting the City, and any
right necessary to construct, maintain, operate, replace, remove, renew or enlarge any underground
public utility facilities, existing overhead public utility facilities, sanitary sewers, storm drains and
appurtenant structures in, upon, over, under or across the easement area; and
WHEREAS, in connection with ACTION NO. 2022-02 RECORD OF THE
COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION 1310 BRYANT STREET
(CASTILLEJA) ARCHITECTURAL REVIEW 19PLN-00116 WITH PARKING
ADJUSTMENT CONDITIONAL USE PERMIT AND VARIANCE 16PLN-00238, the City
imposed Condition 28 (EASEMENT RELOCATION): “Applicant shall relocate the existing 25-
foot Public Utility Easement (PUE) to be within the boundaries of the driveway that is proposed
near the Emerson Street and Melville Avenue intersection”; and
WHEREAS, the City Council of the City of Palo Alto intends to approve the Easement
Relocation Agreement in Attachment “A” attached to this resolution to accept the relocated
easement to supersede and summarily vacate the existing easement as more particularly described
and depicted in the exhibits of that agreement; and
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
NOW, THEREFORE, the City Council does hereby RESOLVE as follows:
SECTION 1. The public service easement for utilities and incidental purposes
described in Exhibit “A” and depicted in the plat map as Exhibit “B” in Attachment “A” will be
relocated to the area described in Exhibit “C” and depicted in the plat map as Exhibit “D” in
Attachment “A” from and after the date of recordation of the documents identified in Section 3 of
this Resolution.
1. The public service easement described on Exhibit “A” and depicted on the plat map as
Exhibit “B” of Attachment “A” (Easement Relocation Agreement) will be superseded by
relocation as described on Exhibit “C” and depicted on the plat map as Exhibit “D”; and
SECTION 2. Upon the relocation of public service easement described in Section 1 to
the area described in Exhibit “C” and depicted in the plat map as Exhibit “D” in Attachment “A”,
the former public service easement described in Exhibit “A” and depicted in the plat map as Exhibit
“B” in Attachment “A” will be vacated under the authority of California Streets and Highways
Code Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq.
SECTION 3. Based upon 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” of Attachment “A” shall be summarily vacated and relocated as shown on
the said Exhibits “C” and “D” of Attachment “A”.
SECTION 4. 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 Maps.
SECTION 5. Council action to relocate the public service easement is within the scope
of the Environmental Impact Report prepared for the Castilleja School Project and adopted by the
City Council on June 6, 2022 (SCH #2017012052).
ATTACHMENT A
EASEMENT RELOCATION AGREEMENT