HomeMy WebLinkAboutStaff Report 2501-3979CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, March 03, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
8.Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay
Drive; CEQA Status– Exempt under Cal. Code Regs. Tit. 14, section 15305
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: March 3, 2025
Report #:2501-3979
TITLE
Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay Drive;
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 318
Ferne Avenue and 4120 Mackay Drive in Palo Alto, CA.
ANALYSIS
The public utility easement, as shown on the map of Tract No. 1173, affecting the properties at
318 Ferne Avenue and 4120 Mackay Drive, was accepted by the Palo Alto City Council on May
11, 1953. On November 18, 1953, the map was recorded by the County of Santa Clara Recorder
in Book 46 of Maps on Page 31. On October 17, 2024, the Public Works Department forwarded
the owner’s request to the Real Estate Division that the easement affecting these properties be
vacated. The proposed easement vacation has been approved by the Utilities and Planning
departments. The abandoned easement has been replaced with a new one. 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 each, 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 and their representatives, Utilities, Public
Works, and the City Attorney’s office for necessary reviews of language and exhibits.
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ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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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: 147-28-011 and 012
Address: 318 Ferne Avenue and
4120 Mackay Drive
Palo Alto, CA 94306
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PUBLIC SERVICE EASEMENT
AT 318 FERNE AVENUE AND 4120 MACKAY DRIVE, 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 318 Ferne Avenue and 4120
Mackay Drive, Palo Alto, CA 94306, was dedicated for public utility purposes as shown on the
map recorded on November 18, 1953, in Book 46, page 31 of Santa Clara County Office Records;
and
WHEREAS, the City of Palo Alto Utilities Department and Planning Department have
evaluated and determined that the public utilities easement located on the property at 318 Ferne
Avenue and 4120 Mackay Drive, Palo Alto, CA 94306 is excess and can be superseded by
relocation; 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:
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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” is excess and has been superseded by relocation.
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