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Home My WebLink About0590.000• \ o December 6, 1;90 HONORABLE CITY COUNCIL Palo Alto, California 8 81:lJOlU.T '1I.CATIOR P'O'ILrC UTILITY nSEMD!'T1 151-81' lAS'!' MEADOW DJUVE .cabers of the Counoile "port in Brie, This report requests council approval of the Resolution orderin9 the stxmaary vacation of' Public Service Easements for utilities located at 851, 865 and 867 East Meadow Drive. laqJsqrqunll Tbe owners of the properties at 851 and 867 East Meadow Drive have requested that the City vacate the lO-f"oot-wicSe storm drainage ease"Bent which runs along the southern end of their properties (see .ap attached to Resolution). This easement has not been utilized in over five years and is not necessary now or in the future. The storm drainage easement was created as an overlap and specifically states ·stor. drainage-easement; vacating it will not affect the 5-foot public utility easement which runs along the 'Westerly portion of parcel three. YaealioB of B ..... Dt The attached resolution will vacate the above described easement under the provisions of the California streets and Hiqhways Code which allows for summary vacation of public service easements which have not been used for five consecutive years or morel and which are no longer necessary for present or tuture use. IDviMl!'.ptal '.vi .. The. vacation r-equirell.ente, therefore I no CMR:590:0 of an easement is categorically exempt froD the of the California Environmental Quality Act; environmental impact assessment is necessary. • , o Itaft '.99Batpaa\laa steff r&eommends that the Council adopt the attached Resolution of the Council of the city or Falo Altc Ordering th~ summary vacation of the Public service Easem~nt tor 851, 865 and 867 East Meado~ Drive. ~e8pectJU1~~S~~tted, ~.~ t~/dff:.{<,- IlARTHA E. P RIN I Real Propert alyst ~. /t."L u. C':.j.O Y HARRlSO tor of ger Attachments: Summary Vacation Re~olution Exhibits A1. A2, A3 and B CMR:590:0 2 Recorded at no charge in accordancB with Streets , Hiqhwayo COde Section 8336 at the Request of, ana when re-eorded. R.turn to: CITY OF PALO ALTO/REAL ESTATE PO BOX 10250 PALO ALTO, CA 94303 SPACE ABOVE LINE FOR RECORDER'S USE A~P. NO.: 127-21-1,2,3 PROJECT NO.: EV 24/18-89/32 PROJECT: Easement Vacation 851-867 East Meadow Drive .' B U K K A R Y V A CAT lOW IIESOLUTIOW RO. RESOLUTION OF THE COUNCIL OF THE CITV OF PALO ALTO ORDERING THE SOMl'IARY VACATION OF A PUBLIC SERVICE EASEMENT FOR A Sl'ORH DRAIN AT 851 -867 EAST MEADOW DRIVE ...... 8 1 the public service easement for a st~rm drain located at 851, 865 and 867 East Meadow Drive in Palo Alto bas not been utilized in over five (5J consecutive years and is not necessary for future public use; and WBBREAB# froa all evidence submitted to the Council of the City of Palo Alto it is found that said public service easement as described herein is not necessary for present or prospective public use for public utility purposes; and WRBP·~I it ia the intent of the council of the City ot Palo Alto to vacate the public service easements tor utilities recorded in Book 3631 at Paqes 111, 114, and 117# re.spectively, in tbe Cit:f of Palo Alto, County of Santa Clara, State of California; and WBBaBaa, the council of the city of Palo Alto intends to vacate such public service eas.eJlent according to the procedures set forth in the California Str .. ta and Ri~hways Code Division 9, part 3. Chapter 4 (Section 83JO et .eq.) ; MOW, TREaEFORE~ the Council of the City of Palo Alto does RESOLVE as follovs: 1 o SEctION 1. This summary vacation is made under the authority of Chapter C of Part 3 of Uivision 9 of the California Streets and Highways Code, commencinq at section 1330. SECTIQN~. The ten (10) foot public service ea6emen~ located at 851, 865 and 861 East Me~dow Or iva iro Palo Alto is h~reby vacated. Said easement is more particularly described in Exhibits A-l through A-3, and shown in Exhibit B, which Exhibits ar~ attached her$to and incorporated herein by this re!ere~ce. SECTION 3. The Council findS that said easement has not been utilized in over five is) consecutive years and is not necessary for future public use. ~~. The Council finds that this project is categorically exempt from the requirements. of the California Environmental Quality Control Act and no environmental i_pact assessment is necessary. SECTIOH 5. The City Clerk, actIng through the Real Property Manager. shall cause a certified copy of this resolution attested by the City Clerk under seal to be recorded in the Office of the Count)' Recorder of santa Clar-a County .. SECTION 6. From and after the date of recordation of this resolution, said easement shall be considered vacated. INTRODUCED AND PASSED, AYES, NOES, ABSENT ABSTENTIONS: ATTEST, City Clerk APPROVED AS TO FORM: Assistant city Attorney APPROVED: Mayor City Manager Director of Utilities Real Property Manager Director of Finance 2 .. A.F. NO. PREPARED CHECKED APPROVED DATE: LEGAL pESCRr~ , ;-- 127-21-001 BY: J .D. KrEHL.!~ BY: T. PETERS '7ff' BY: J. REMLEY.!"'- JULY 27,1990 STORK DRAINAGE EASEMENT ABANDONMENT PARCEL 1 Beginning at the most Southerly corner of Lot 23, Block 2, Tract No. 1594, recorded July 13, 1955. in Bock 11 at page 8, Reco~ds of Santa Clar~ County, California: THENCE along the Northwesterly line of East Meadcw Drive (70 feet wide), 5. S6° 14' 50· W. 64.28 feet; THENCE N~ 9·09' 40· E. 13.65 feet; THENCE parallel with said Northwesterly line N. 56 Q 14' 5~~ E41 64.2S feet; THENCE S~ 9"09' ~O· W., 13465 feet. to the Point of Beginning. Being a portion the Rancho Rincon de San Francisquito. Also being a porti~n of that certain parcel conveyed to Gerald T. ar~ Catherine J. Hammes Recorded in deed Book L235 at page 48 of Santa Clara county offical records4 Also being ~he saNe storm drainage aasement described in deed Book 3631 at page 117. Said easement to be abandoned is shown on attached map and made a part hereof. 4;Y~«S ;4~/ EXHIBIT A-I • .,J. o }LP. NO. PREPARED CHECKED APPROVED DATE: LEGAL DESCSIP4lQM 127-21-002 BY: J.D. l<IEP.Lj(. BY: T. PETERS 1hl"' BY: J. REMLEY ... "'- JDLY 21, 1990 STORM DR.'.INAGE EASEMENT ABANDONMENT PARCEL :2 Beginning at ~he most southeasterly CQrner of Lot 1 in Block 3, Tract Nc. 1580, recorded September 20, 1955, in Book E2 at page 56, Records of Santa Clara county, California; THENCE along the NorthwEsterly line of East Meadow Drive {70 feet wide), N. 56-14' 50~ E., 7Q.26 feet to the True Foint of Beginning; THENCE N. 9·09' 40· E. 13.65 feet: tnence parallel with the saiO Northwesterly line of ~ast ~eadov Orive N. 56° 14' SQ- E. 70.26 feet; THENCE S. 9" 09' 40· W. 13.65 feet' THENCE along said Northwesterly line S. 56 00 14' 50" W. 70 .. 26 feet to the True Point of Beginning .. Being a portion of The Rancho Rincon de San Fcancisquito. Als~ being 8 portion of that certain parcel.~on~eyed to BaiDara Kpis described in deed Book G529 ~t psqe 649 of S~nta Clara County offical records. Als.o beinq the same storm drainage easement described in deed Book 363~ at page 114 of Santa Cla~a County offical records~ Said easemer.t to be attached .ap and made a part hereof~ ., o A.P. NO. PREPARED CHECKED APPFOVED CATE: [.EGAI. PESCRIpTION 127-21-003 BY: J.D. KIEHL~~ BY: i". PETERS IF'' ~~y J i6~~~~ fI STOPJ( DRAINAGE EASEMENT ABA.~DONMENT P}'.RCEL 3 Beqinninq at the most Southeasterly corner of lot 1 in Block 3, Tract no~, 15BO~ record~d September 20, 1955~ in Book 62 at page 56, records of Santa Clara County, California; THENCE along the Northwes.terly line of East Meadow Drive {70 feet vide) N. 56-14' 50· E~, 70.26 feet; THENCE N. 9~ 09' 40· E., 13.65 feet; THENCE S. 56-14' 50" w. and parallel with seid Northwesterly line 70.26 feet; THENCE S. gO 09' ~on w., 13.65 feet to the Point of Begirtning. Beinq a portion of The RanchG Rincon de San Francisquito. Also being a portion of that certain parcel conveyed to James J. and Susan F. Voll described as parcel o~e recorded in deed Book 3890 at page 2201 of S~nta Clara county aftical records. Also being the same storm drainage easement a8scribed in deed Book 36)1 at page 111 of Santa Clara county offical records. Said easement to be abandoned is shown on attached aap and ~ade a part hereof. EXHISIT ~-3 Ttj~~~:~··· , '.f' • ¥ .. ~'. --------------------------~ .~ L[(£NJ). 10' P.u_L TO BE ABAN\lON(D ")3,,,,- -~ ------------, ....... .,..--... - IiIoCOoQ -. "" ""'" ........ -_""""-I.... I STOR,'1 DRAINAGE EASEMENT ABANDONMENT [ITY or PALO ilL TO_ CALIFORNIA EXHIBIT B lS. NOl~~~'~J~ ___ J_----_1 -------