HomeMy WebLinkAboutStaff Report 2309-20077.Adoption of a Resolution to Vacate a Public Utility Easement at 160, 162, and 164
Waverley Street. CEQA Status – Exempt under CEQA Guidelines Section 15305.
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: October 16, 2023
Report #:2309-2007
TITLE
Adoption of a Resolution to Vacate a Public Utility Easement at 160, 162, and 164 Waverley
Street. CEQA Status – Exempt under CEQA Guidelines Section 15305.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering the summary
vacation of a public service easement for utility and incidental purposes located on the
residential property at 160, 162, and 164 Waverley Street in Palo Alto, CA.
DISCUSSION
The City currently holds a public utility easement affecting the properties located at 160, 162,
and 164 Waverley Street. The current property owner has requested this easement on the
property to be vacated for the demolition of three single dwelling units for the development of
four new dwellings on the property; a single-family home, a duplex, and a detached accessory
dwelling unit (ADU). City staff has reviewed the vacation request and has determined that the
easement to be vacated is excess and that 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.
FISCAL/RESOURCE IMPACT
The Summary Easement Vacation Processing fee of $1,980 as set forth in the FY 2024 Municipal
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 is categorically exempt from review under the California
Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines as a minor
alteration in land use limitations.
ATTACHMENTS
Attachment A: Resolution to Summarily Vacate a Public Service Easement for 160, 162, and 164
Waverley Street
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: 120-12-011
Address: 160, 162, and 164 Waverley
Street, Palo Alto, CA 94301
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 160, 162, and 164 Waverley Street, 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 Deed on the property
located at 160, 162, and 164 Waverley, Palo Alto, CA 94301, for public utility purposes, dated
April 24, 1959, in Book 4400, page 552 of Santa Clara County Office Records; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined
that the public utilities easement located on the property at160, 162, and 164 Waverley Street Palo
Alto, CA 94301 is excess.; 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
Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq.
1. 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 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. 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.
EXHIBIT "A"
LEGAL DESCRIPTION FOR
VACATING PUBLIC UTILITY EASEMENT
160-164 WAVERLEY STREET, PALO ALTO, CALIFORNIA
All that certain real property, situate in the City of Palo Alto, County of Santa Clara, State of
California, being a portion of the Lands of 160-164 Waverley, LLC as described in that certain
deed recorded December 6, 2016 as Instrument No. 23519739, Official Records of Santa Clara
County, as shown on Exhibit "B" made a part hereof, more particularly described as follows:
Beginning at a point on the Southwesterly line of Waverley Street (60 feet wide) distant
thereon 100.0 feet Southeasterly from the point of intersection thereof with the Northwesterly
line of Lot 6, Block 17, University Park, a map of which was recorded February 27, 1889, in
Book 'D' of Maps at page 69, Official Records of Santa Clara County, California; thence
Southwesterly, parallel to said Northwesterly line 185.0 feet; thence Southeasterly at right
angles 5.0 feet; thence Northeasterly, parallel to the Northwesterly line of said Lot, 185.00 feet
to said Southwesterly line of Waverley Street; thence Northwesterly, along said Southwesterly
line 5.0 feet to the Point of Beginning, being a portion of said Lot 6.
Abandoning a 5.0 foot Public Utility Easement recorded as Instrument No. 1624400 Official
Records of Santa Clara County.
Containing 925 square feet, more or less.
END OF DESCRIPTION
tEOFCAJ
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Exhibit B