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Home My WebLink About0231.091-. , April 18, 1991 HONORABLE CITY COUNCIL city af Pala Alto '] 3 'UOLil7I01 lOR CQ1IfVJ!JANCE OF BRYANT 8'f'R.JlU ALLEYhY GIWn OF p.81K1Jr! TO DrNg I. NIP DONALD 'ERlWmO Members of the council: Iepsp:t 1_11 arief This report yequests Council approve a Resolution for the convey ance at an ea5em~nt for ingress and eq~ess purposes of the City owned alley-way between 529 and ~39 Bryant streets~ BackarOUA4 Diqital Equipment Corporation (DEC] and Jim Baer .. the owner and develope~, respectively, of 529 Bryant~ have negotiated an aqreement 'With Hr. and Mrs. Ferrando, the o.-ners of the real prope.rty located at 539 Bryant involving d.ivision of the alley between the two properties for purposes of determining the fire rating requirements for ~xterior openings bet~een the two proper ties. In negotiatinq this agreement .. the Ferrandos were concerned about continued alley access, and requested that the city qrant them an easement for acc~:!!;:$ to their property from the alley. '!'he City Attorne~y's Office advises that the Fe:rrandos could probably establish an easement of necessity through court action, because on.e of the structures on the 539 Bryant property ha.s its sole access from the alley. Further, an alley easement for ingress and egress in favor of the 529 Bryant property was granted by the oriqinal grantor, prior to the City's ownership of the alley. For these reasons, sta.tf believes the re.quest of ease:ment -would not ----~------ , • \ -. / constitute conveyance. of any extraord.inary or valuable property rights, and recommends that th~ Fe~randosr request be granted~ A negotiated nominal price. of $4,000 tor the city's qrant of the ease~ent vas aqread to by the Ferrandos. couay'pe. ef U Ia'Mlut The atta.ched Grant of Easement document will convey to Diane E. and Donald Ferrando a right of inqress and egress to the property at 539 Bryant street, IDviropaeptal I.pact Aa,essmept The qrant of this easement represents a c~ntinuation of the same 'lse of an existing facility; therefore, it carries a Class I eXisting facility exemption from requirements of CEQA. 'tAff aiC ___ pd.tioA staf:t recom:aends that council adopt the attached Re.solution approvinq and authorizing the Mayor to execute the attached Grant ot Easement granting Diane E. and Donald Ferrando permanent ingress and egress to 539 Bryant Street tor the sum of $4,¢OO. Respectfully submitted, I(/jkffiili d.!J~ WILLrAM W. ~ Real Grant of EaS6ment Resolution oc: Diqital Equipment corporation Ji. her Hr.. ,. Mrs.. Ferrnando OIR: 231: 91 2 , • . . • " , RESOLUTION NO. "';-;;-c= lU!SOLtJ'l'IOII OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING '!'HE GRANT OF AN EASEMENT TO DIANE E. FERR.\.NDO AND DONALD FERRANDO FOR ACCESS TC PROFERTY AT 535-539 BRYANT STP2ET The Council of the city of Palo Alto does hereby :RESOLVE as :follows: SECTION l~ This Council does hereby approve a grant of easement to Diane E. Ferrando and Donald Ferrando tor inqress an4 egress to property located 535-539 Bryant Street, and does hereby authorize the Mayor to execute said easement for and on behalf of the City. The fora of easement hereby approved is attached hereto a. Exhibit -A-and incorporated herein by reference~ SEC1IOH 2~ This project is considered a minor alteration in land use and is therefore cateqo~ically exempt frOD the provisions of the California Environmental Quality Act (ICCEQA·) pursuant to Section 15305 of the CEQA Guidelines. ArES: NOES' ABSTENTIONS , ASSENT: ATTEST, City Clerk APPROVED AS TO FORK: Senior Asst. city Attorney APPRoVED: Mayor city Ma!'laqer Director of Planninq and Community Environment Director of Finance Chief Buildinq Official n., Recorded It no charge in accordance with Go,.rnment Code Section 6103 at the ~eque$t of, and when record ed retun to: City of Palo Alto/Re.l fst.te 250 Hamilton Ayen~e PO Box IOZ50 Palo Alto, CA 94303 SPACE ABOiE TH!S LINE fOR RECORDER'S USE ONLY A.P. No.: AdjacEnt' northerly of ]20']5-92 Parcel No.: Project: 535· 539 6ryant St. ~A' T OF E A S E " £ N 11 _____ _ FOR VALUABLE CONSIDERATION, receipt of w!1ich is hereby acknowledged, THE CITY OF PALO ALTO, a municipal corporation does hereby GRANT to Diane E. Ferrando and Oonald Ferrando, h~sband and wife as comrnunjty property. an appurtenant ease.ent ar.d right of way for the TigM of ingress and egress tbereon and t~e rlght to pass and repass over, alcng, across, and up~n that certain property i. the Cltl of Palo Alto, County of Santa Clara, State of CaliforPla t shown on t~e ~ap attached hereto as Exhibit A and aore particularly described as follows: DESCRIPTION The lind referred to here~1 is situated in tne State of California, County of Santa Clara, City of Palo Alto and is described as follows: COITITIePclng at a point on the northeasterly line of BrIant Street one hundred and elg~ty-five (185) f •• t southeasterly from the southeasterly line of University AvenuE!' and wherE said line gf Bryant Street intersects the scutheasterly line of the property conveyed Marc~ 7. 1898 from A~nie Y. Crabtree to Mayme J. Suiter and B.F~ Suiter thence at a right angle northeasterly and following said last descrlbed llne two hundred and thirty (230) fe.t; th~noe ot • right angle southeasterly fifteen (15) feet t. the northwesterly line of the property of Hrs. A.L. Corbert; thence at a right angle SGut~steT1J ~nd following said line of Corbert Propertl two hundred and thirty (230) feet to its intersection with the northeasterl, line of eryant Street; thence northwesterly and following said last named line fifteen (15) feet to pOint of commenceme~t being i strip of hnd fi fteen (IS) feet i. width and 100 hundred and thirty (230) feet in length off the southeasterl, side of lot number one (I) of block number twent,-one eZI). " ., ,. L D.ted:, ________ _ GAAH1'Op.: City of P.l0 Alto, 4 Munfclpal Corpo,.tlon By: ------ STATE OF Cltl.lfORNIA; COlIHTY Of ~TA CLARA: ss. Cn , before .. , the u"d.,.lgned, a ~ota"Y Public In and for !alii countY and state, personally appeared ____________ , e I ty MaJlager k-. to .. to be the § Mayor Assistant CH, Manager of the City of P.l0 Alto, the -.nlclpll corporation that eKecuted the within Inst~nt on behalf of .lld nunlclp.l corporation, and ac'nowl.~ged to De that safd aunfcfpal corporation executed the saae_ WITNESS ~ hand and official seal. Notary )tu6hc 1n and for said County and State ..... PROVItl.S ..... PROVED AS TO FOR!! City Attomey By '--------------------- ..... PROYED AS TO DEsr,~IPTIGN Public Vorksl£ngfneerlng ~,------------------- IDOC:1/85:9,O) APPROVED AS TO CDI/TriIT finance Department! Real Estate ~~'----------- 81 ________________ _ • . , I ' I I " '" ,. =l' Ir---" \. AP~N[J 10'0-15-60 ! ! II !" I 'I , \ r fJ'1' , ,60.00' ,'~I I !.-( ,J I , j 'I , I' }11 AP.ND. 120-15 -lD2 [ v' >II '[ ~~~ t' }1~ I vll1-- Q I(f)) i ').11 (,DO.ro'" " (, fLl"' __ -C:... --j \ ... vg-1 60.00' v w giro) ~ -' 1;l) w ~ ~I'~I > _ I v.r'" "'w !!:! ~I,J ~ ~ do v f ). _~ ru 1}1g C\J '" , ~ , = C\J ~ 0 v~-1ri w t; d (,,I<;:! d ~ ;;: d-{ ~ ::> <i V}-1 "" I --7Y' *"-15 00' I 12~OO' '000' '/. 6000' " • - • I , I , 1-, I 'l rf). -,,'\ 7'0. 7 j -. \. i ~ \t P.O.C. M I ~ __ -'l ____ BRYANT STREET ~---+------j BRYANT ST ALLEY EASEMENT , I , ... r-----.; ~,' ',~.:\ ,.' ",: "