HomeMy WebLinkAboutStaff Report 2405-3108CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, June 17, 2024
Council Chambers & Hybrid
4:00 PM
Agenda Item
20.Resolution to Vacate Portions of Three Public Service Easements at 1700 Embarcadero
Road
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: June 17, 2024
Report #:2405-3108
TITLE
Resolution to Vacate Portions of Three Public Service Easements at 1700 Embarcadero Road
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment A: Resolution
to Summarily Vacate a Public Service Easement for 1700 Embarcadero Road) ordering the
summary vacation of three public service easements in part or whole for utility and incidental
purposes located on the commercial property at 1700 Embarcadero Road in Palo Alto, CA.
BACKGROUND
The Grant of Easements documented in the Santa Clara County Official Records are as follows:
1. Book 8517, page 596, dedicated and accepted by the City on April 30, 1969;
2. Book 8535, page 632, accepted by the City on May 15, 1969; and
3. Book 8047, page 634, accepted by the City on March 6, 1968.
These easements are for public utility purposes and affect the property located at 1700
Embarcadero Road. The developer has requested that the entirety of the easements described
in Book 8517, page 596 and Book 8535, page 632 and a portion of the easement described in
Book 8047, page 634 on the property to be vacated for the development of a new automotive
dealership (“Preexisting Easements”).1 The portion of the Preexisting Easements to be vacated
previously served a transformer that is no longer in place. The City has accepted a new grant of
easement, attached as Attachment B: Grant of Public Service Easement at 1700 Embarcadero
Road (“Superseding Easement”), which will be used to serve a newly installed transformer. The
Superseding Easement was sent for recording on June 4, 2024. The City’s Utilities department
has reviewed the vacation request and has determined that the portion of the easements to be
vacated will be superseded by relocation (Attachment B: Grant of Public Service Easement at
1700 Embarcadero Road). Therefore, once the Superseding Easement is recorded, the
1 https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current-Planning/Projects/1700-
1730-Embarcadero-Road
superseded portions of the Preexisting Easements may be vacated in accordance with the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 FY 2024 Municipal
Fee Schedule has been paid by the developer.
ENVIRONMENTAL REVIEW
Council action to relocate this public service easement is within the scope of the Mitigated
Negative Declaration prepared for the 1700 & 1730 Embarcadero Road Auto Dealership Project
and adopted by the Council on June 24, 2019 (#19PLN-00291).
ATTACHMENTS
Attachment A: Resolution to Summarily Vacate a Public Service Easement for 1700
Embarcadero Road
Attachment B: Grant of Public Service Easement at 1700 Embarcadero Road
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: 008-03-084 Address: 1700 Embarcadero Road, 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 1700 EMBARCADERO ROAD, PALO ALTO, CA 94303 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 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated April 30, 1969, in Book 8517 of Official Records of Santa Clara County, page 596; and
WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated May 15, 1969, in Book 8535 of Official Records of Santa Clara County Records, page 632; and
WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, dated March 6, 1968, in Book 8047 of Official Records of Santa Clara County, page 634; and
WHEREAS, the City of Palo Alto accepted and, on June 4, 2024, sent for recording a Grant of Easement on the property located at 1700 Embarcadero Road, Palo Alto, CA 94303, for public utility purposes, (“Superseding Easement”); and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that upon the recording of the Superseding Easement, a portion of the preexisting public utilities
easements located on the property at1700 Embarcadero, Palo Alto, CA 94303 will be excess and
may be superseded by relocation; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portion of public service easements as more particularly described in Exhibit “A” attached to this
resolution and depicted on the plat map attached as Exhibit “B” to this resolution upon the
recording of the Superseding Easement; 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. Upon recording of the Superseding Easement, the portions of the public service easements described herein on Exhibit “A” and depicted on the plat map attached as Exhibit “B” will
be excess; and
2. Will be 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 easements as shown on the said Exhibits “A” and “B” shall be summarily vacated upon the recording of the Superseding Easement. 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 at a time after the Superseding Easement has been recorded. SECTION 4. The portion of 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. //
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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
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Recorded at no charge in accordance with Government Code Section 6103 at the request of, and when recorded return to:
City of Palo Alto Real Estate Division 250 Hamilton Avenue Palo Alto, CA 94301
“DOCUMENTARY TRANSFER TAX
$NONE (Exempt – Section 11922), CA Rev. & Tax Code
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
A.P. No.: 008-003-084 Property Address: 1700 Embarcadero Road, Palo Alto, CA 94303
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SC Palo Alto RE, LLC, a California Limited Liability Company, “GRANTOR.”
GRANTOR, as owner of that certain real property described in Exhibit A, does hereby GRANT
to CITY OF PALO ALTO, a chartered municipal corporation, “GRANTEE,” an easement and right of way to construct, maintain, repair, replace and
upgrade public utilities and related improvements
with the right of ingress and egress, all in perpetuity, in, over, under, across, along, and upon that certain portion of GRANTOR’s property in the City of Palo Alto, County of Santa Clara, State of
California, more particularly described in Exhibit A and shown on the map in Exhibit B attached
hereto and by this reference incorporated herein, whenever GRANTEE desires for the purposes set forth herein. The rights granted herein (i) are for the benefit of GRANTEE, its officers, agents, employees, or
any contractor, its agents or employees, engaged by GRANTEE, whenever necessary for the
purposes above set forth; (ii) shall run with the land; and (iii) shall bind GRANTOR and GRANTOR’s successors and assigns. GRANTOR shall not plant any trees or bushes, or erect, construct or install any fence, wall,
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irrigation or any other type of permanent structure, improvement or private utilities, within, over, across or upon said easement and right-of-way without first obtaining written permission from GRANTEE, which shall not be unreasonably withheld. GRANTOR shall keep the easement area clear from any obstacles that will make the area inaccessible.
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed. Grantor:
SC Palo Alto RE, LLC
a California Limited Liability Company By: _____________________________________
Name: ___________________________________
Title: ____________________________________ Dated: ___________________________________
Grantee: City of Palo Alto,
a chartered municipal corporation
By: _____________________________________
Name: ___________________________________
Title: ____________________________________ Dated: ___________________________________
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CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189)
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 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: _______________________________
Name: ________________________________
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.
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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
APPROVALS
Approved as to Form Approved as to Content
By: __________________________ By: ________________________
City Attorney or Designee Utilities CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189)
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 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: _______________________________
Name: ________________________________
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.
Exhibit B