HomeMy WebLinkAboutStaff Report 2410-3560CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
4.Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status–
Exempt under Cal. Code Regs. Tit. 14, section 15305
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: December 2, 2024
Report #:2410-3560
TITLE
Adoption of a Resolution Vacating an Easement at 561 Addison Avenue; CEQA Status– Exempt
under Cal. Code Regs. Tit. 14, section 15305
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution ordering the summary
vacation of a public service easement for utilities located on the residential property at 561
Addison Avenue in Palo Alto, CA.
ANALYSIS
The easement as shown on the map in Book 401, pages 32 and 33 of the Santa Clara County
Official Records for public utility purposes affecting the property located at 561 Addison Avenue
was dedicated and recorded on August 8, 1977. On September 9, 2024, the City received the
owner’s request that the easement be vacated. The City’s Public Works Department reviewed
the easement and has determined that the Public Works Department has not used the
easement in the last five years and does not have a need for it. The City’s Utilities Department
also reviewed the vacation request and determined that the easement to be vacated has not
been used for the purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation. 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 $2,083, as set forth in the FY 2025
Municipal Fee Schedule, has been paid by the owner.
STAKEHOLDER ENGAGEMENT
The Real Estate Division collaborated with the owner’s representatives, Utilities, Public Works,
and the City Attorney’s office for necessary reviews of language and exhibits.
ENVIRONMENTAL REVIEW
Council action on 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.
ATTACHMENTS
Attachment A: Resolution Vacating a Public Service Easement at 561 Addison Avenue
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: 120-53-005 Address: 561 Addison Avenue 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 561 ADDISON AVENUE, 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, an easement on the property located at 561 Addison Street, Palo Alto, CA 94301, was dedicated for public utility purposes as shown on the map recorded on August 8, 1977, in Book 401, pages 32 and 33 of Santa Clara County Office Records; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that 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; 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. The public service easement described herein on Exhibit “A” and depicted on the plat map attached as Exhibit
“B” has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
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 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.
INTRODUCED: PASSED:
AYES:
NOES: ABSENT:
ABSTENTIONS: ATTEST:
____________________________ ____________________________
City Clerk Mayor APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager ____________________________ Director of Administrative Services