HomeMy WebLinkAboutStaff Report 2312-2470CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, January 22, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
11.Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating
and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson
Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street),
Assessor Parcel Numbers 124-12-033 & 124-12-034; CEQA status – categorically exempt.
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Administrative Services
Meeting Date: January 22, 2024
Report #:2312-2470
TITLE
Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and
Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and
220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel
Numbers 124-12-033 & 124-12-034; CEQA status – categorically exempt.
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 Castilleja School
located at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as
1310 Bryant Street); and
2. Adopt a resolution summarily vacating a public service easement on the Castilleja
School located at 1263 Emerson Street and 220 Embarcadero Road (also commonly
known as 1310 Bryant Street) 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 The property’s Assessor Parcel Numbers are 124-12-
033 & 124-12-034 and is commonly known as 1310 Bryant Street, but a Preliminary Report
prepared by Chicago Title Company, dated November 1, 2023, and referenced as Order No.
60605270-606-TEO-JM, identifies the property address for Assessor Parcel Number 124-12-033
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
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as 1263 Emerson Street and a separate Preliminary Report dated November 9, 2023, and
referenced as Order No. 60604321-606-TEO-JM, identifies the property address for Assessor
Parcel Number 124-12-034 as 220 Embarcadero Road. This item was originally scheduled on
August 14, 2023. To maintain clear visibility on items related to the Castilleja School
development, the item was reagendized to the December 18, 2023 agenda and revised with a
clearer title to reference the school by name and the commonly known address, in addition to
the addresses and parcel numbers found in title reports. Staff also notified individuals that
requested to be notified of actions related to the school. At the December 18, 2023 meeting,
Mayor Kou, Council Member Burt, and Council Member Lauing requested to pull Agenda Item
Number 11. The item is now again reagendized, but as an action item.
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
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.
STAKEHOLDER ENGAGEMENT
This item has been coordinated with Jorgenson, Sigel, McClure & Flegel, LLP, legal counsel to
Castilleja School. Planning staff will notify individuals that have previously provided emails to
receive notice related to the school’s Council-approved planning entitlement project.
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 - Castilleja
School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310
Bryant Street)
APPROVED BY: Kiely Nose, Assistant City Manager
3 https://www.cityofpaloalto.org/files/f65eb77d-4d17-41a6-8158-44f1df3b649f/Casti-Signed-ROLUA-and-
Exhibit.pdf
ATTACHMENT A
SUMMARY VACATION & EASEMENT RELOCATION AGREEMENT
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: Castilleja School
1263 Emerson Street and
220 Embarcadero Road
(a.k.a. 1310 Bryant Street)
Palo Alto, CA 94301
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING AND RELOCATING A PUBLIC SERVICE EASEMENT
AT THE CASTILLEJA SCHOOL,
1263 EMERSON STREET AND 220 EMBARCADERO ROAD
(A.K.A. 1310 BRYANT 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, under that certain 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 that certain 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 and summarily vacate the existing easement as more particularly described and depicted
in the exhibits of that agreement; 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 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. 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” of Attachment “A” shall
be summarily vacated and relocated as shown on the said Exhibits “C” and “D” of Attachment
“A”.
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 Maps.
SECTION 4. 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.
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 Council on June 6, 2022 (SCH #2017012052).
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
WITH A CONFORMED COPY TO:
Castilleja School
Attn: Head of School
1310 Bryant Street
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER'S USE
APNs: 124-12-033 & 124-12-034
Address: 1263 Emerson Street and
220 Embarcadero Road
(a.k.a. 1310 Bryant Street)
Palo Alto, CA 94301
EASEMENT RELOCATION AGREEMENT
1. The City of Palo Alto ("City") is a grantee under that certain General Vacation, Resolution No.
7086, recorded as Recorder's Serial Number 11386298 of the Official Records of Santa Clara County,
which includes a certain 25' Public Utility and Surface Access Easement described in Exhibit A and
shown in Exhibit B, attached hereto (the "Existing 25' PUE"), which burdens property owned by the
Castilleja School Foundation, a California corporation ("Castilleja").
2. In connection with that certain 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, dated
June 6, 2022), the City imposed Condition of Approval 28 [EASEMENT RELOCATION], which mandates
that Castilleja 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.
3. In accordance with Condition of Approval 28, Castilleja agrees to relocate the Existing 25' PUE
to the to the 25' foot area described in Exhibit C and shown in Exhibit D , attached hereto (the
"Relocated 25' PUE "), and the City hereby agrees to relocate all its RIGHTS, TITLE AND INTEREST in and
to the Existing 25' Public Utility to the Relocated 25' PUE.
This Easement Relocation Agreement shall be deemed to apply only to the rights, title and interest of
City under the Existing 25' PUE as they pertain to the Relocated 25' PUE, and shall not diminish or
affect any of City's rights, title and interest as to any other land described in the Existing 25' PUE located
outside of the Relocated 25' PUE.
DATED: 1
DATED:
w1aoa3
The Castilleja Foundation
City of Palo Alto
By:
Title:
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA )
{� ) ss:
COUNTY OF 3_ e''A--i
On r 1-11 , 2023, before me /. --/C . Notary Public, personally
appeared ,fflorl ,) LLVtnder:lte-who proved to me on the basis of satisfactory evidence
to be the person(s) whoseinnarne(s) istare subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in Ws/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A. DE LA FUENTE
Notary public • California
Santa Clara County
Commission it 231!741 i`
My Comm. Expires Feb 2t, 2024 j
N:1DATA\FormstNotaryiriatary Acknowledgeraeni.docX
A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of this document.
STATE OF CALIFORNIA
) ss:
COUNTY OF
On before me, , Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
EXHIBIT A
Legal Description of Original Public Utility and Surface Access Easement
An Easement, 25 feet in width, over, under and upon that certain strip of land being a portion of
Parcel 1 and Parcel 2, as said Parcel is shown on that certain Parcel Map entitled "Tract No. 8593",
recorded in Book 648 of Maps, Pages 1-2 and as Document 11971418, Santa Clara County Records,
and said easement being described as follows:
Being all of said Easement labeled as a 25' Public Utility and Surface Access Easement, Book M218,
Page 593, Official Records as shown in that certain Parcel Map entitled "Tract No. 8593", recorded in
Book 648 of Maps, Pages 1-2 and as Document 11971418, Santa Clara County Records.
This description was prepared by me or under my direction in conformance with the
requirements of the California Professional Land Surveyors Act.
Kelly 'Johnso j, PLS 9126
Date: November 22, 2022
R=62.87'
L=4515'
A=41'09'01"
N29'18'00"E 63.92'
/
APN: 124-12-016
1215 EMERSON ST
LEGEND
PARCEL 2
648 MAPS 1-2
APN:
124-12-031
1235
EMERSON
' ST
PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT B
PARCEL 1I
648
MAPS 1-2 ['''"
APN:
124-12-033
N51'41'05'W 25.00'
BOUNDARY UNE
EASEMENT UN£
ROAD CEN7FRUN£
SANDIS
BUILD ON.
BRYANT STREET
(60' -WIDE PUBLIC ROAD)
EASEMENT TO BE
RELOCATED
25' PUBLIC UTILITY
AND SURFACE
ACCESS EASEMENT
(FILE NO. 11386298)
N3878'00"E 100.00'
PARCEL 2
648 MAPS 1-2
AREA=286,783 SO FT, 6.58 AC
LANDS OF CASDLL.EJA SCHOOL
APN: 124-12-034
1310 BRYANT ST
EMERSON STREET
(60' -WIDE PUBLC ROAD)
0 50 100
SCALE: 1" = 100'
EASEMENT RELOCATION
CAS1ILLEJA SCHOOL
PALO ALTO CA
SIEE1
1
OF SNIXTS
EXHIBIT "C'
PUBLIC UTILITY AND SURFACE ACCESS EASEMENT
(EASEMENT VACATION/RELOCATION AREA)
CASTILLEJA SCHOOL
APN: 124-12-033 & 124-12-034
BEING A PUBLIC SERVICE EASEMENT, AS DEFINED IN CALIFORNIA STREETS AND HIGHWAYS CODE
SECTION 8306, OVER, UNDER, AND UPON A PORTION OF PARCEL 1 AND PARCEL 2, AS SHOWN ON THAT
CERTAIN PARCEL MAP ENTITLED "TRACT NO 8593", FILED JUNE 28, 1993 IN BOOK 648 OF MAPS, PAGES
1-2, SANTA CLARA COUNTY RECORDS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID PUBLIC SERVICE EASEMENT, SAME BEING THE
COMMON LINE OF THE NORTHERLY RIGHT OF WAY LINE OF EMERSON STREET AND THE SOUTHERLY
LINE OF PARCEL 1 AND PARCEL 2 OF SAID "TRACT NO 8593, FROM WHICH THE SOUTHEAST CORNER OF
SAID PARCEL 1 BEARS SOUTH 51`42'00" EAST, 5.39 FEET;
THENCE CROSSING SAID PARCEL 1 AND PARCEL 2, NORTH 38'18'00" EAST, 493.01 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF BRYANT STREET, SAME BEING THE NORTHERLY LINE OF SAID
PARCEL 2 AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 62.87 FEET AND A RADIAL BEARING OF
SOUTH 11'01'02" WEST;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°48'02", AN ARC DISTANCE OF 26.12
FEET;
THENCE CROSSING SAID PARCEL 2, SOUTH 38°18'00" WEST, 499.88 FEET TO THE COMMON LINE OF THE
NORTHERLY RIGHT OF WAY LINE Of EMERSON STREET AND THE SOUTHERLY LINE OF PARCEL 2;
THENCE ALONG SAID COMMON LINE, NORTH 51°42'00" WEST, 25.00 FEET THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 12,435 SQUARE FEET, MORE OR LESS, AS SHOWN ON ATTACHED EXHIBIT "D,"
WHICH BY THIS REFERENCE IS MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE CALIFORNIA PROFESSIONAL LAND SURVEYORS ACT.
Kelly SMohnsonVPLS 9126
Date: May 03, 2023
APN: 124-12-016
1215 EMERSON ST
LEGEND
R=62.87'
L=26.12'
X23'48'02"
511 V1'02-0)—
PARCEL2
648 MAPS 1-2
APN:
124-12-031
1235
EMERSON
ST
POINT OF
BEGINNING
BOUNDARY LINE
EASEMENT LINE
ROAD CENTERLINE
BRYANT STREET
(60' —WIDE PUBLIC ROAD)
S34'49'010)
EASEMENT TO BE
VACATED
25' PUBLIC UTILITY
AND SURFACE
ACCESS EASEMENT
(FILE NO. 11386298)
(M218 OR 593)
NEW RELOCATED
PUBLIC UTILITY AND
SURFACE ACCESS EASEMENT
12,435± SQUARE FEET
0.285± ACRES
PARCEL 2
648 MAPS 1-2
(F LE NO. 11971418)
AREA -286,783 SO FT, 6.58 AC
LANDS OF CASTILLEJA SCNOCIL
APN: 124-12-034
1310 BRYANT ST
N51'42'00"W 25.00' EMERSON STREET
39' (60' —WIDE PUBLIC ROAD)
PLAT TO ACCOMPANY LEGAL DESCRIPTION
0 s0 100
SCALE: 1" - 100'
EXHIBIT D
This is to certify that the interest in real property conveyed by the within deed or grant to the City
of Palo Alto, a municipal corporation, is hereby accepted by the undersigned officer or agent on
behalf of the Council of the City of Palo Alto, pursuant to authority conferred by resolution of the
said Council adopted on March 15, 1971, and the City of Palo Alto consents to recordation thereof
by its duly authorized officer.
Dated: By:
City Manager or designee
Approved as to Form: Approved as to Content:
By:
By:
City Attorney or designee
APPROVALS
Director of Planning or designee
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA )
On , before me, , a notary public in and for said
County, personally appeared who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscrbed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.