HomeMy WebLinkAboutStaff Report 2403-2832CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, May 13, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
5.Adoption of a Resolution Vacating an Easement at 1020 East Meadow Circle
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: May 13, 2024
Report #:2403-2832
TITLE
Adoption of a Resolution Vacating an Easement at 1020 East Meadow Circle
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
commercial property at 1020 East Meadow Circle in Palo Alto, CA.
BACKGROUND
The Grant of Easement as shown in Book 4988 of Official Records, page 543 of the Santa Clara
County Official Records for public utility purposes affecting the properties located at 1036 East
Meadow Circle was dedicated to and accepted by the City on November 15, 1960. The
developer has requested that a 10-foot easement that runs the length of the property along
with two 5-foot anchor easements to be vacated and replaced for the development of a new
office building.
The City’s Utilities department has reviewed the vacation request and has determined that the
easements to be vacated will be excess, as they will be superseded by relocation. A new public
utilities easement has been signed by the City and replaces these easements. Therefore, the
easements 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 FY2024 Municipal
Fee Schedule has been paid by the developer.
STAKEHOLDER ENGAGEMENT
The Real Estate Division collaborated with the developer, Utilities, Public Works, and the City
Attorney’s office for necessary reviews of language and exhibits.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because summary vacation 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).
ATTACHMENTS
Attachment A: Resolution Vacating an Easement at 1020 Meadow Circle
APPROVED BY:
Lauren Lai, Administrative Services Director
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: 127-010-103 Address: 1020 East Meadow Circle 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 1020 EAST MEADOW CIRCLE, 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 1020 East Meadow Circle, Palo Alto, CA 94303, for public utility purposes, dated November 21, 1960, in Book 4988 of Official Records, page 543; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that the public utilities easement located on the property at 1020 East Meadow Circle, Palo Alto, CA 94303 is excess and can be superseded by relocation; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portions of public service easement as more particularly described in the following Exhibits:
• Exhibit “A-1” attached to this resolution and depicted on the plat map attached as Exhibit “A-2”,
• Exhibit “B-1” attached to this resolution and depicted on the plat map attached as Exhibit “B-2”, and
• Exhibit “C-1” attached to this resolution and depicted on the plat map attached
as Exhibit “C-2”; 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 the Exhibits are excess; and
2. Has been superseded by relocation. 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-1”, “A-2”, “B-1”,
“B-2”, “C-1”, and “C-2” 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 Exhibits “A-1”, “B-1”, “C-1” and depicted in the plat maps attached as Exhibits “A-2”, “B-2”, and “C-2” 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.
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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).
INTRODUCED: PASSED:
AYES: NOES:
ABSENT:
ABSTENTIONS: ATTEST:
____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Deputy City Attorney City Manager ____________________________
Director of Administrative Services
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
December 19, 2023
BKF No 20212367
EXHIBIT “A-1
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of
Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960,
in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 10 feet in width
lying equally on each side of a line described as follows:
COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel
Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County,
said corner also being on the northeasterly right-of-way line of East Meadow Circle (60’ Wide);
Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3,
North 46°59’01” East, 332.11 feet to the POINT OF BEGINNING of this description;
Thence leaving said northwesterly line, South 71°39’43” East, 127.71 feet;
Thence South 38°55’40” East, 197.07 feet.
Containing an area of 3,247 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements
of the Professional Land Surveyors’ Act.
_ 12/19/2023
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
PARCEL 3
(338 M 41)
LANDS OF GOOGLE INC.
(22298408 O.R.)
E A S T M E A D O W C I R C L E
POC
N4
6
°
5
9
'
0
1
"
E
3
3
2
.
1
1
'
S71°
3
9
'
4
3
"
E
1
2
7
.
7
1
'
S38°55'40"E 197.07'
POB
PORTION OF 10' PUE
TO BE VACATED
AREA = 3,247 SQ.FT.
(PORTION OF PARCEL D)
(4988 O.R. 543)
JOB NO.
BY APPR.DATE
SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINE
SUBJECT EASEMENT LINE
ADJACENT LOT LINES
M MAPS
O.R.OFFICIAL RECORDS
S.F.SQUARE FEET
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
EXHIBIT A-2
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
December 19, 2023
BKF No 20212367
EXHIBIT “B-1"
LEGAL DESCRIPTION
ANCHOR EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of
Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960,
in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 5 feet in width
lying equally on each side of a line described as follows:
COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel
Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County,
said corner also being on the northeasterly right-of-way line of East Meadow Circle (60’ Wide);
Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3,
North 46°59’01” East, 344.34 feet;
Thence leaving said northwesterly line, South 66°37’36” East, 122.31 feet to the POINT OF BEGINNING
of this description;
Thence North 38°55’40” East, 25.00 feet.
Containing an area of 125 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements
of the Professional Land Surveyors’ Act.
_ 12/19/2023
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
POC
POB
PARCEL 3
(338 M 41)
LANDS OF GOOGLE INC.
(22298408 O.R.)
E A S T M E A D O W C I R C L E
N4
6
°
5
9
'
0
1
"
E
3
4
4
.
3
4
'
S66°3
7
'
3
6
"
E
122.3
1
'
N38°55'40"W
25.00'
5' ANCHOR EASEMENT
TO BE QUITCLAIMED
AREA = 125± SQ.FT.
(PORTION OF PARCEL D)
(4988 O.R. 543)
JOB NO.
BY APPR.DATE
SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINE
SUBJECT EASEMENT LINE
ADJACENT LOT LINES
M MAPS
O.R.OFFICIAL RECORDS
S.F.SQUARE FEET
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
EXHIBIT B-2
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
December 19, 2023
BKF No 20212367
EXHIBIT “C-1"
LEGAL DESCRIPTION
ANCHOR EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of
Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960,
in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 5 feet in width
lying equally on each side of a line described as follows:
COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel
Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County,
said corner also being on the northeasterly right-of-way line of East Meadow Circle (60’ Wide);
Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3,
North 46°59’01” East, 344.34 feet;
Thence leaving said northwesterly line, South 66°37’36” East, 122.31 feet to the POINT OF BEGINNING
of this description;
Thence South 71°39’43” East, 25.00 feet.
Containing an area of 125 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements
of the Professional Land Surveyors’ Act.
_ 12/19/2023
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
POC
POB
PARCEL 3
(338 M 41)
LANDS OF GOOGLE INC.
(22298408 O.R.)
E A S T M E A D O W C I R C L E
N4
6
°
5
9
'
0
1
"
E
3
4
4
.
3
4
'
S66°3
7
'
3
6
"
E
122.3
1
'
S71°39'43"E
25.00'
5' ANCHOR EASEMENT
TO BE QUITCLAIMED
AREA = 125± SQ.FT.
(PORTION OF PARCEL D)
(4988 O.R. 543)
JOB NO.
BY APPR.DATE
SUBJECT
OF
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINE
SUBJECT EASEMENT LINE
ADJACENT LOT LINES
M MAPS
O.R.OFFICIAL RECORDS
S.F.SQUARE FEET
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
EXHIBIT C-2