HomeMy WebLinkAboutStaff Report 2403-2833CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, May 13, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
6.Adoption of a Resolution Vacating an Easement at 1036 East Meadow Circle
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: May 13, 2024
Report #:2403-2833
TITLE
Adoption of a Resolution Vacating an Easement at 1036 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 1036 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 request was submitted to the City with payment of the summary vacation fee in November
2022 and has since gone through numerous revisions. 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excess as they will be superseded by relocation.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 $1,842 as set forth in the FY2023 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 1036 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:127-010-094
Address:1036 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 1036 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 1036 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 1036 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 Exhibits “A-1”, “B-1”, “C-1” and
depicted in the plat maps attached as Exhibits “A-2”, “B-2”, and “C-2” are excess; and
2. Have 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
December 08, 2022
BKF No 20120226
EXHIBIT “A-1”
LEGAL DESCRIPTION
PUE EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of
Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document
no. 22298408, official records of Santa Clara County, described as follows:
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 more
particularly described as follows:
Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel
50, North 09°26’21” East, 329.13 feet to the Point of Beginning of this description;
Thence continuing along last said line, North 09°26’21” East, 12.22 feet;
Thence leaving said northwesterly line, South 45°28’43” East, 404.17 feet;
Thence South 71°39’43” East, 103.87 feet to the southeasterly line of said parcel;
Thence along said southeasterly line, South 46°59’01” West, 11.39 feet;
Thence leaving said southeasterly line, North 71°39’43” West, 100.73’;
Thence North 45°28’43” West, 399.47 feet to the Point of Beginning.
Containing an area of 5,041 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.
_12/8/2022
DatedDPLS 9267
END OF DESCRIPTION
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
EXHIBIT A-2
255 SHORELINE DR.,
SUITE 200
SUBJECT
REDWOOD CITY, CA 94065(650) 482-6300 JOB NO.BY APPR.DATEwww.bkf.com OF
December 8, 2022
BKF No 20120226
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 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document
no. 22298408, official records of Santa Clara County, described as follows:
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 easterly corner of said parcel, thence along the northwesterly line of said parcel
50, North 09°26’21” East, 335.24 feet;
Thence South 45°28’43” East, 401.82 feet to the Point of Beginning of this description;
Thence North 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.
_12/8/2022
DatedD, PLS 9267
END OF DESCRIPTION
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
EXHIBIT B-2
255 SHORELINE DR.,
SUITE 200
SUBJECT
REDWOOD CITY, CA 94065(650) 482-6300 JOB NO.BY APPR.DATEwww.bkf.com OF
December 08, 2022
BKF No 20120226
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 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document
no. 22298408, official records of Santa Clara County, described as follows:
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 easterly corner of said parcel, thence along the northwesterly line of said parcel
50, North 09°26’21” East, 335.24 feet;
Thence South 45°28’43” East, 401.82 feet to the Point of Beginning of this description;
Thence North 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.
_12/8/2022
DatedPLS 9267
END OF DESCRIPTION
Page 1 of 2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
EXHIBIT C-2
255 SHORELINE DR.,
SUITE 200
SUBJECT
REDWOOD CITY, CA 94065(650) 482-6300 JOB NO.BY APPR.DATEwww.bkf.com OF