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HomeMy WebLinkAbout0209.092.. '" April 9, 1592 HONORABLE CITY COUNCIL Palo Alto, California 4 VACATION OF A STREIT Il\BgEN'1' ON A PORTION OF MEL~;rLL~ AVElltLt: .. CAS TILLIJA SCHOOL Members of the Council: Report in Brief This report reque.sts that Council adopt the attached Resolution ordering vacation of a street easement {riqht-of-~ay) on a portion of Melville Avenue between Bryant and Em~rson streets. Ba_ckgJ'ound Castilleja School is a private educational facility located at 1310 Bryant Avenue (see Attach.1!l.ent A) ~ Melville Avenue nms through the campus separating the main school parcel (Parcel A) from fjve smaller parcels, four of which are owned by castilleja School {Parcels Al -A4) and the other by the city of Palo Alto (Parcel B)~ castilleja School is the owner of the land rights underlying the cit}~rs Melville Avenue street ease:oent (right-of-way) betYeen Bryant and Emerson, except for that portion of the easement which abuts the property at 211 Melville Avenue (Parcel C). 211 Melville Avenue is a single family residential parcel owned by William L. and Paula PO\lO'ar. In order to incraase the area of the cantpus to allo;; for construction of an athletic field for its students, Castilleja School has requested that the City vacate its easement on the portion of Melville Avenue between Bryant and Emerson Streets. William L. and Paula Powar, owners of Parcel C, have zoequested that the City vacate its easement on the portion of Melville Avenue that they own. This portion extends 30 feet out from Parcel C's Melville Avenue street-side property line to the. center line of Melville Avenue. CHR:209:92 \ \ -\. ':I" _ <'~.,i - t .•. '--:- The City of Palo Alto acquired Parcel B fro'lll Castilleja School in 1972 as part. of the strlE!et closinq project which made Melville A"'e~ue into a cul-de-sac at erl~ant Street. The deed by which C;!!II,stilleja School granted parcel B to the: city contains a clause requiring t..'1.at in the event the City abandons all port. ions of Melvill.a Avenue contiguous to Parcel 5. title to parcel B shall revert to castilleja School upon the school paying the City $1,500.00. On March 16 1 1992 1 council approved Castilleja School's applica­ tions for.: I} a Tentative Subdivision Map to merlie the portion of Melville Avenue which they o~n ~ith Parcel 8, now owned by the City, and the five c(lntiguous parcels Qlioined by castilleja School; 2) a lot line adjustment for Parcel C. which would move Parcel C's Melville Avenue street-side property line 30 feet out to the eXisting center line of Melville Avenue (see map attached to resolution); 3) a Conditional Use Permit to alloW' the conversion of the vacated right-of-way into a multipurpose athletic field and a parking lot; and 4j a variance to construct fences exceeding the height limits on two of the resulting property lines. The council approved these applications, subject to conditions, including the condition that the City approve the vacation of the Melville Street easement :bett.'~an Bryant and Emerson Streets. On Karch 16, 1592, Council adopted Resolution 7080, a Resolution of Intention to Vacate a Street Easement on a portion of Melville Avenue between Bryant and Emerson streets, Reserving a Twenty-Five Foot Public utility Easement. Resolution 7080 also set April 13, 1992 as the date for a public hearing regardinq the proposed easement vacation. On March 16. council also authori~ed the Mayor to execute a Grant Deed conveying parcel 8 to castilleja School, followinq city council adoption of the Resolution Vacating the Melville Avenue Street Easement and upon the recordation of the Resolution and the city/s receipt of the $1 /500 from Castilleja School ~ Copies of the Resolution of Intention announcinq the public hearing have been published and posted in accordance with the California Streets and Highways Code requirements. Proposed Vacatic'D c.:! St,.;reet Ea.ement In order for the city to vacate a street easement, the City Council must lind that the easement. is not necessary for present or CMR:209:92 2 • i i I .---..:: prospective public use and that there is public benefit resulting from the vacation. As a cul-de-s~ct this portion of the Melville ri9ht ... of-~a)· is obviously nut necessary for present or prospective public use by vehicular thrc~9h traffic. With the approval of the sUbdivision map merging the individual parcels, there ~ill be no parcels requiring this portion of the right-of-way for vehicular access. The public benefit from the vacation would result from the reduced City maintenance costs tor Melville Avenue and the reduced de~and on puhlic athletic fields resulting from Castilleja School havinq its own fi:lds. Utilities ExiBting utili ties consist of underground \later and 'Wastewater mains and overhead poyer lines. The proposed easement vacation will reserve a 25-foot wide public utility easement {PUE) along the lenqth of th£ vacated portion of Melville Avenue (see maps attached to the resolution). This 2S-foot PUE 'Would accommodate the existing mains, a nEW 12-inch storm ~rainl and the undergrounding of the eXisting ov~rhead po~er lines. The relocation of any existinq utilities and construction of the new storm line wOllld be done at Castilleja School's expense and to the satisfaction of the Utilities Department, as a condition of the project's app~oval. Parking CUrrently there are 30 on-street parking spaces along the portion of Melville Avenue proposed for vacation. The parking is mostly utilized. by students, faculty and visitors to the school. A condition of approval of its development application is that Castilleja School provide full compens~tory parking for the displaceQ places, thus creating no impact to on-street parkinq. pedestrian and Bicycle Use A public usage survey aated January 14, 1992 1 prepared by Earth Metrics Incorporated. indicates some pedestrian and bicycle through traffic utilizes the Melville right-af-way. The report states that on a typical weekday between 6 a.m. and 9 p.m., the pedestrian and bicycle usage amocnted. to 39 persons; on a typical weekend day between 6 a.m. and. 9 p.m., 52 persons. The average hourly public usage d~ring this time period is one person approximately every 17 to 23 zcl.nutes. On March 16. 1992 I council considered evidence concerning the necessity of requiring Castilleja School to grant the city a 12- toot wide access easement for pedestrians and bicyclists from Emerson Street to Bryant street, along Melville Avenue, as a condition of the easement vacation. Public testimony offered at om,2D9,92 3 the council meeting of March 16, 1992 was strongly in favor of the City vacating the easement '""lthout requiring the pedestrian oicycle access easement. council determined that there was no necess~ry prese~t or prospective use requiring th~ access easement and that the ~enefits of Castilleja School being able to. prClvide its students vith an athletic field outweiqhed th~ inconvenience caused to so~e pedestrians or bicyclists who can easily use alternative streets to get from Emerson to Bryant, including al~ng Embarcaciero Road or Kellogq Avenue. 211 Melville Aven\le Currently the single fa~ily property at 211 Melville AVenue {Parcel C) has a lot area of 7,500 square feet~ The proposed easement vacation and the lot line adjustment would increase the size of the site to 10,500 square feet and thus increase the de .... elopment potential of the property~ The property line abutting Emerson is considered the front of the property and vehicular access to the site is from Emerson Street~ Therefore, the vacation of the right­ of-way would not affect access to the property. Environmental x.pa~t &SseB~m.nt On March 16, 1992, Council adopted a Negative Declaration which satisfie~ the requirements of the California Environmental Quality Act and found that the project will have no siq~ificant effect on the environment. start RftGommendation Staff recommends that Council make the following findings: 1. The project 'Will have no signif icant effect on the environment~ as shown in Negative Declaration Nc~ 9.1-EIA- 37, which the City Council approved on March 16, 1992. 2~ The street is not necessary for present or prQspective public U6e, in that: CMR'209,92 a. As a cul-de-sac, the stre~t is not currently used b~{ public vehicular through traffic; b. with the approval of a subdivision map merging the street ~ith the adjacent parcels and the intended construction of a multipurpose athletic field and parking lot thereon by Castilleja School (the "Project-), there will be no prospective public use of the Street for vehicular through traffic; 4 · . -"':$-- -~-.: - , I ! , i -- c. The present and prospective public use of the street for pedestrian and bicycle through traffic can easily be diverted to alternate streets, in­ cluding Embarcadero Road or Xalloqg Avenue, as sh¢Yn in Negative Declaraticn No. 91-EIA-37; d. The existing and prospective public use of the: street for undergrouna ar!d overhead public utili­ ties purposes vill be retained under the City's reservation of a 25-foot public utilities easement along the Street, benefitting the city; and e. The thirty parking spaces currently located on the street will be replaced by Castilleja School in connection with the construction of the Project. 3. The vacation of the street will result in public benefitl in that the City's Ir',aintenance costs for Melville Avenue .ill be reduced due to the street's closure, and there will be reduced deliland on the cityrs athletic fields resulting from castilleja school's use of its own athletic field to he constructed under the project. Staff also recommends that Council adopt the attached Resolution Orderinq Vacation of the Melville Street easement between Bryant and Emerson Streets, reserving a 25-foot Public Utilities Easement. Respectfully ~ubmitted, ,-~, ... LJ., . . (' "(,.(,,~ I/~-->--­, . ;frET FREE~LAN ,'F nancial , yst : /....; ~' M/('P .» L . ING ;Assistant ~~ager Attachments: Map Resolution Ordering Vacation Related staff Reports: cc; Castilleja School Po'War CMR:209:92 CMR:177:92 CMR:1S0:92 5 I " , , I .~ ,. ~ ~ ~ n ~ ~ ~ " \" Al A2 .Gj­ ~ u../ /> <k / ,-' ~-' w ";:' _ -"" ",<I:' cJ l _M J"' -t '~I I--~' ,-~ --~ "" 1m .~1---i t lv1 'le:'::" ',Parcel C·'·'t~~ ," I ',' Ir~-- ~ ~.! to !'liE 1\ 5 0 1\1 l / ,J B.Q,YANi STREET STR[;ET I2d I~ ~J Castilleja School 1310 Bryant St. Parcl'ol r.. owned hy C4stll1eja Schoo1 owned by Williilm to Paula Pm'Jar I W ::J Z ''''' > "'< <.!> <.!> o ...J ...J W :>:, f ! , r " ~ 1 " , ~ , I i· l , j I ! I " , '" _ ,i)~~;i."~<\'tt\ri'I' . '--~,-'---cr.-'~~-'-"""""",":"",--~ r·~ .. " 'l - Recorded at no charge i!\ acco~dance with streets & Highways Code section 8325 at the ~equest of, and ~hen racorded return to: CITY OF PALO ALTO/REAl, ESTATE 250 Hamilton Avenue P.O. Box 10250 Palo Alte, CA 94303 ---------'------- SPACE ABOv~ LINE FOR RECORD~R'S ~SE 1\. P. NO: N/A PAP.eEL NO.: CEV 6/1-90/19 PROJECT: EASEKEN'!' VACATrON MELVILLE AVEWJE - CAST! 1,1.&1 A SCf-{OOL WILLIAM L. AND PAULA POWM< GENERAL VACATION RESOLtrl'ION NO. ________ _ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACA'rION OF A STREET EASEMENT ON A PORTION OF MELVILLE AVENUE BETWEEN BRYA.~ AND EMERSON STREETS, RESERVING A ~NTY-F!VE FoeT PUBLIC UTILITY EASEME~~ WHEREAS, it is the intent of the Ccuncil of the City of Palo Alto (th-s "City") to vacate a portion of Melville Avenue between Bryant and Emerson streets, in which the City's ownership interest consists of a public right-af-way (the "Street~). as shown on a map entitled KMap No. 1 of the Seale Addition to the Town of Palo Alto", which map was filed for record in the Office of the Recorder of the County of santa Clara, State of California on May 12, 1904, at Page 63 of Book F-3 of Maps; and WHEREAS, the City Council intends to vacate the Street, I'eserving and ex=epting from the vacation a t .... ·enty-five ('25) foot public utility easement benefitting the City. as described in Exhibit flAW and as shown on the map marked Exhibit '"B". which exhibits are attached her~to and made a p3rt hereof by this reference; and WHEREAS. the City Council intends to vacate the Street according to the procedures set forth in city Policy and Procedure 1-13 and California Stre~ts and Highways Code, Division 9, Part 3, Chapter 3 at Section 8320 et seq,; and WBEREAS, on March 16, 1992. pursuant to Cit~ policy and Procedure 1-13 and Streets and Highways Code section 8320, et seq., the City Council adopted Resolution No. 7080, declaring its intent to vacate the Street a~d setting forth the time and place for a public hearing for all persons interested in the proposed vacation; and 1 - WHEREAS, the City Council finds that said resolution has be~n published in the manner prescribed by law fer the publishing of resolutions of the City: and 1JBBRE"S, the City Cour.cil further finds teat no·tices of said proposed vaca~ioni stating the purpose Qf said resolution and the time and place set for the p11bl ic hearing, 'Were posted as required by law; N'O\l,~, THEREFORE, the council of the City of Palo A1 to does hereby RESOLVE as follm.l's: SECTION 1. The city council hereby finds, from all t~e evidence submitted to the Council at the public hearings held on March 16, 1992 and April 13, 1992 conc~rnjng the street's proposed vacation~ which evidence is hE'.reb'j incorporated by r~ference ihto these findings, that: 1. The project will have no significant effect ~n the environment, as shown in Negative Declaration No. 91-BIA-37, 'irlhi-ch the City council approved on March 16, 1992. 2~ The Street is not n€'.cessary for present or prospective public use, in that: a. As a cul-de-sac, the Street is not currently used by public vehicular through traffic; b. With the approval of a subdivi~ion map merging the stree~ with the adjacent parcels and the intended construction of a multipurpose athletic field and parking lot thereon by Castilleja School ,the ·project"), there will be no p~ospectiv€ public use of the street for vehicular through traffic; c. The present and prospective public use of the Street for pedestrian and bici~cle through traffic can easily be diverted to alternate streets, including E~arcadero Road or Kellogg Avenue, as showr. in Negative Declaration No. 91-EIA-37; d. The existing and prospective public use of the Street for underground and overhead public utilities purposes will be retained under the City's reservation of a twenty-five (25) foot public utilities easement along the street, benefitting the city: and e. The ~hirty PO} parking spaces located on the Street will be replaced by castillej a connection with the construction of the Project. currently School in 3. The vacation of the street \oIill result in public benefit, in that the City's maintenance costs for Melville Avenue 'Will be reduced due to the street's closure/ and there will be reduced demand on the City's athletic fields resulting from Castilleja School's use of its own athletic field to be constructed under the Project. SE.CTION 2. The City Council, under the authority of Policy and Procedures 1-13 and California Streets and Highways Code 2 ~ jlm 0020443 L ",,-:> section 8320 et seq., hereby orders that ~he Street be vacated~ reserving and excepting from the vacation a twenty-five (25) foot easement for public utilities purppses benefitting the city~ and any right necessary to construct, maintain, operate, raplace, remove, renew or enlarge any public utility facilities~ sd~itary sewers, storm drains and appurtenant structure.s in~ upon~ over, under or across the Street, as described in Exhibit BA-and shown on E:xhlbit -SII. SECTION l. The City Council t.ereby orders the city Clerk, actinq through the city Real Proper'.y Manager, to cause a ce~tified copy of this Resolution, attested by the Citj Clerk under seal J to be recorded in the Office of the County Recorder of santa Clara. Fro~ and after the date of such recordation, the Street shall be considered vacated. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSEN'T: ATTEST: City Clerk APPROVED AS TO FORM: senior Assistant city Attorney 3 APPROVED: Mayor Director of Planni!'lg and Commu~ity Environment Director of PublicW6-r)c:cs:---- Real Property Manager A;ji-'L ~.;.':~::=; ':s·· ~,1It~0F' . " -;"'.-- .. -- -_ .. _-=-- ux;AL DESCR1 PT leN MErNII .I.E ~VI;ruE FASEMFNI' ID BE VACA'IID BY THE CI T'i CE" PALO ALTO 'lU CJo .. S'nU,f~A s::»:u..J 914bC, hl1 that: certah real propprty 5itua~e in thE" City of Palo Alto .. Coul1ty of &'l.T)ta Clara, St-_ate af California .. describ..--..:l as follows: Begi.nning at the northerly co.rer of alock No. 14, C€.1:Jg t~le lntersect ion of t~e southwesterly line of Bry:!r,t StrE:'et -",'ith the southeasterly line cf Melville Avenue as S<3id Block .. Street an,j Aven~ are sbo .. .n on rr.::~ er;tltlej "MAP NO. 1 or ThE SEALE ADDITICN 1'0 THE T1::w-r 0f Pl\lD ALTO" -... ~ic~ ITo3;P ... as fi1~\:l fOL record in the Office of th-e Ree-order of th.:-COllnty of S03.[lta Clara, State of CalJiornia on ~ai 12 .. 1904 in Book "f-3" (.,f Ma.ps at pa~E' 63, rec,:,'ras of said county; Thence .. fLar. said Point of Beginning, alonq the norUwesterly ooun·::':ary of said Block No. 14 .. SQut.h 38" lS' 00" West, 500_00 feet, :nore ".n less, t.o a ?Oint in tre north€asterly line of Emerson Street as last s,;tid St n:-':2t is stvwn on said map .. Thence, along the nart~o;terly ~'roy"<:~t iGr; of ~3d n·:xtheas+:'2!] i 1 }n'0, ibrt.h 51" 42' 00'" West, 30.00 f~-:;t to tho' centf'rl.ine of Send ,"'IeI'ljll€ ,l>s<2r,"..Je; T:-'en""":€r along said center I ine r North 38" 18' 8(:'" E.ast r 100_OJ feEt; T"r}ence, North 51" 42' i)O" West, 30.00 feet to the ea5ter 1 y corner of Parcel B 3S said Parcel B j 5 5ho;,.rr. Orl Part:el Map flled for record in the Office of the P,e(:orocr of the COtlJlt.1' of Santa Clara, Stale of Callfcrnia. on June IS, 1978 in BCl()).:'" 42C of "lape at F""'J!? 36, re-;orcls of sa Ie county, Thence, along the southeasterly line of Blo,,:-k No.]5 as sai,j B10C~'-': lS shown on first said map, t~G!th 38° 18' DO" Ea::~t, 370_26 feet to the northeasterly corner of sdid Slock No. IS; Sa":2 Clara Ca',j')rn,a 9SG5C (4)Bj 727-8262 .c"'x 1408) 7 2.? ·8285 EXHr8:T A II OF 5) "L :r:~~r -"-- ;:'-1 " I . , lL'gi't 1 De-scr Iption .Me 1 vi! 1e Avenue Ed semen t to te Vacated FebriJd.!'i' la, 1992 9146;) Pa'1€ 2 Thence, a long a nontar,g'O"r.t curve, · .. 'i th a tarY~'2nt Dear i nq Nor th 7"0-:> 1]6' 00" East, dpflecting to the right; from a radial bcarinq N-ort.h 19" 54' 0:)" :'iest, .... ith a radil.<s of 62.87 fe.;t, til.ough a co?'ltral an<] 1.::: of 58" 12' (10", an arc distance of 63.66 feet to the north~est~rly p!oject10n of said southwesterly li1'e of Bryant St~eet; 'ThenC'<:!, alone; said nc.rthwesterly pr,::~jectl':m linE' of Bryant Str-€'€t, South 51" 42' 00" East, 6.57 feel to th.c" Point of B€."':finr.ing; Containing 0.609 acres, :1"Ol.·e o!: less. PA: :sc EXHIBIT A (2 OF 5) ':: t ~. I..EX;AL DESCRt PI' 1 (Ii Mr-:LV ULE A'v"FNUE EASf':J1INI' ro Br~ Vf..C:A'TfD BY TIlE CiT't a:' PAID ALTO 'lD PC>W< iSee Mjssion EnainPE:rs, lnc. Dra'",ii'rq N"1. ,S,-9'Fi.t,i ?~i __ t.<JGE-o; CI~: Erg:",:-€r iJ():, ',~,~",:,S c. ~.:,~ ,Wi';· 91460 .l!tll tr.a.t ~rtdl~ retll pro[:,€'r'ty situate in t;-I,,"" C.It'! of PalQ Alto, County of Santa Clara, St;::.te of Califor:ua j descri_ool as. [ollt ....... 'S: Be-ginnirq i.;.t the sout h€rly o:)!:fl@.r of 51ocr. N;,:,. 15. beirq t:-:e i.r!t€rsection of the northeasterly line of ErnersoiJ Str02t ,,"'Lth the n0rt~r.,'est;?'rly line of 1-1elville lWE'JlIJfO: as Sdid Filock, Street 2i7).1 il,v(",,'_'E' are s~C""'~ 0:-: ~af"' erJ.ltled "MAP No.. 1 OF TIft: SEAI.E M>J.JITICN 1'0 THE T~J.~~ Of' PAID Al_,T()" ,,'t'.lch rnt-Jp .... -as f.i led for record in the Office of the P,€'cor-Je! of the County of Sar:ta Clara, S+c:.te. of Cal ifornia on MAy 12, 1304 in BOOK "£'-3" of Maps at p'3qe 6), recor-ds 'Jf said county; Thence, frcrr, said Point of Bc-glnni~, alory trl'<;-: sol}tt-.east.:.erly l::xxm .. 1ary of said Block No. 15, North 38 0 18' DOn EaS-t~ 100.00 feet,. OTXne or less, to the easterly corner of Parcel B as said Parcel B is ,::.rY:)Wtl on Pa.rrel Map filed for record jn the Office cf th-~ R€~corder of t:-I€' Cour,ty of Santa Clara, State of Caltfornia, on June 15, 1978 in Book 420 of ~·le.ps at ?age 3'::" rec;JrGS of s-.J:d county; T;l€nce, along t:")€-souLheas-t.erly pro:~_~ti'_ln <"A tJ-';; ;)(xtht")~:;terly Iim~ of said Parcel B, South 51 0 42' IJIJ" Lest, 3'J.00 feet to the cen'.erline· of said Mel vi lIe Avenue; Trl'...onc'?, alorrj said center] ine, Sout: h 38'" 18' OC" West~ lC,IC'.')O ff'0t; Th€ncf', aloflC) the norUl\·,~"'tprly pro~;ectjr,rl of the :-I<JrtrPdsterly b'-:JUndar.i of said Emerson St.reet. tiorth 5P 4.2' 00" west. 30.00 feet, to the Point of Beginning. Cont:.ininq 0.069 acrE'S, ;:rore <:)r less. PA: :cf UH:5lT ~ (3 OF S) ". LlTlLJTY .;VU SURF1.CE ACCESS E/I.[':>U'1ll.~· ro BE RE1'AINrD BY m: el'IY G' P~.l.C ALT() (f1U\ ro.<IIP.) (See -""Ijssjon F..ngi~rs~ Inc. DZdWinq No. 5-99 7 :;,) P~-i,_ AuCiER (;"., Ec,~,pl'..-'€r DC~' NJr~ES C>.'; ~ng'''''[''{r 91460 All t.hat ~rtain I€OiI pro["(,rty s.ituate in th-:-City of P",10 Altu, County of Santa Clara~ State of cal Hornia, d€scrH~ a.<; follo· ... 's: Beginnj~ at the jnt-=rss-ct ion of the ce~ter 1 ine of ~'el vllie Avenue with the projec.."'t.ion of the northeastE'rly line of Erl::'rsvn Street as said Avenue i,nd St.reet are sho.-m on rrep ("ntH led "~lAP NO. 1 OF THE SE)l.l.F .~D!T~ON TG THE 1't.w.~ Of PALO ALTO" wh~ch ~p · ... as filed for !""eC'ord In the Office of the Re(:Older c-f the CO'.Jnty of Santa Clara. State of Callfo:::·nia on May 12r 1904 in BQ'"-.)k "F-3" of Maps at page 63. records of said county; ThenC""E'r frar. said Polnt of &>qjnn:n:;J'~ alo;i; said projected noel heaster 11' Ii:!e Nort.h 51 0 42' 00" We-:;t 20.00 feet, to., line dCdwn Pdral~el to and measured 10.,:10 feet distant frcrn the northwesterly line of Mel vii ie Avenue: 'rhence. along said line drawn pa.rallel~ ~Jo.rth 38° 18' 00" East, 100.00 feet t.o the S0l.ll.l"E,:u::terly proj~tion of the l":)rtheasterly line of Farcel B, ."IS said Par'C'e} B is S!lr_"Y,m on Parcel t1ap fi lei fo~ reo:::ord :i.:l t.he OfflcE' of t r.e R€'Ccl'der of the County of Santa Clara r state of Cal.ifornia .. on JemE' i5. 1978 in BooK 420 of ~aps a~ t").Jge 313, r.:-c:ords 0: said county: Tbenc;:e~ aJong last said proj>""'Cted ncrt~cl:;.;terly line, ~r..lt!l S1:-42' 00" East. 211.00 f'2Et to said Ct~nter1 ino:> of Mel vi lIe Avenll'?, Thence, a10nq said c-e-nterl ii¥.? South 38" 18' 00" l,'kst., 10')+00 feet t'-J the Point of 8eginrunq; Containing 0.046 a':res~ m.:Jre or less. PI;.: :cf (4Do.', 72,+8252 EXHIBlT ~ (4 OF ., - February 10, 19n lJTlLITY AND SUPFK'"E ACCESS E.ll..Sf»-ffi' 'IU BE REJ'A lNa:> BY 'mE CITY CF PALO ALTO l-~ CA$TII..l£JA SCltx!.. c,.'! t::~l;l'rleu'l1g ~"'3~d '::iur,<':,"'ll; '91460 All that. certain real property sit'_~at€ in the City of PaIr.) Al:o, CDunty of Santa Clara, State of ('.:1 iforni.'3.. descnbej .as foll<:)t,.,'S: Beginr:inq at tr:€ intE'r5€'Cti(',r\ Df the centf'rline of Melville Avem.le wif.h the projecU,or. of the> northeaster Iy lIne of Ernet"sOTl Stre{'~. as said AvenU<.;; and Stre€t are shewn on ma.p entH}od "MAP t((). 1 OF' THE SF.A.LF':' ADDITl('r-J Tel TIlE r:::\lolN OF Pl\l.O A.LTO" wbi':-h !T'd.~ 'NaS flIed for record in the Office of thE' Rec('rd€>r of the County of Santa CI.-3x.:;~ State of C~llfornia C;-) t-1ay 12, 1304 i~ Hoo).:-. "F-J" of Maps at page 63, records of Sdid COLmtYi The.nce, along said center line, tbrth 38'" 18' 00'" Ea~_t. 100.00 feet; Thence, alorg t.he southe·~st£'rIy projeL"tlon of the northeasterly line of Parcel B as said Parcel B j$ shOI,.;n on Parcel !-!ap filed for rec(',r-j in t~e Office of tbe Re-.....""'Order of tre County of Santa Clara, Srate of CalifoI"ni:a, on June 15, 1978 in Book 420 of !-l3PS at page 36, rEcords of sald county, Nort'n 51° 42' 00'" W-;E'_st~ 20~00 fept to a I1fle drawn parallel to and measured 10.00 feet distant frern tree northwesterly lin(' of Melvillo: 'Avenue; Thence~ al01l9 said line :::Ira' .... 1 parallel~ ;"c,tth Je." Hl' C;~" f:ast. 3:"'.12 feet; TherKe, North 29<:0 18' O'J" East, 63.92 feet to the [Y-Jint of intersect ion of the southtCCY]y lir"le c.f E'.:ribdrcad~ro Il,:)a,-:l, as said Road is s'Jc"n"!1 or. said M,,'1P~ and s3id nortiM'.?'st.erly Ijne of Mel vi lIe AV'2nLl€'; Thence, along a non-tangEnt curv,,?, defle,:-t ::..ng tD the nght, frurT", a radial rearing North 19'" 54' 00" West, with a rddi'.Js of 62.87 feet, Uuou'-jh '3. C€",)tral angle of 41 00 09' 05-, all arc dlstance of 45.15 feet to a line elra'",,, pa.rallel to ar.d distant 25.0D feet fn.::rn the sOLlt'neaste-rly IHJE' of saL.~ toielvllle fJ.V"':lIUC; Thp.nce al-:.mc; last said IlM~ crd'~'n parallel. SouL~j 38'" 18' 00" Hest, 497.24 feet lo !Said 9rcjection cf the northeast-erl}' 1 in€' of f)'nF'rson 5tree·l.; Thence, along last said IHle~ North 51'Cl 42' OC!" West, 5.00 feet to the Po int of Beg i nnJng • Con!.aining 0.245 acre5, more o:r less. 2285 Mar:I" Ave:lue, Suite A Sar1ta Clara Cai;/crn:d 95050 F"X 1,408) 7'27-0285 EXHIBIT A (5 QF 5) i • " I i / / I L_ .. __ _ a llflYAIH S !HEEf d A ~ 5e"'z'i)O'~ s 51"42'00" [ '" ~ ~-ii,' R ~ 62.!l7: 7..~----_ -~ ---_. ~ : ~~:~~, ~I-'.~ I'OI~H OF BEGINNING "<!' I . 5U' MELViLlJ_-"_VWU.t;.. ___ _ /1 -'0 • \ "" t~, -f;.stM(fn TO BE YAGA1W I ·°0' J~:t" 0.609± ACRES / \ I "("Q , I I- $ ~ --2S.0U· CJ " :t ~ , Q) I I '~I I 1 I, ~I ,/;,'; I: • o o -.., '" n I LL / ~,I I ,1,; ,'" V1 UTILITY AND SURFACE J I S' CIT'i OF Pl\lO AllO "I' I I I\~CESS [ASEMEN r 10 BE I---_ RE1AlNEO-I II CASllLLEJA ,I I , I '" o <' .J <0 SCHOUl I I 10.00' ------I Ii! '~n)rlW ,llioo .\:-I -~---I ,j n'<' 30' MElf"J.L£:['·-r·r-. -1-"''0 " ~ J.VUIi'l [;,s "1[-/ To 108E ..,CA1EO r-d I I I 'r; ~ I I' I PQWN< I PARCH 8 U I 420 M 36 o.ou ----'-----'~m::'" 'm:£~~]~ 5.···L·.··. ., :;~ ::: « o. LJ I , f " I i [, , . , ' / - / / SCHOOL I I ! I s 5 '~2'OC:~ E 3Q:OO' 25.00' .. J--l .1 3: 13 :", T b II; IE EMERSON STREET q: .. IjRTT ::l (~' r:r;li '" u o -' OJ 1:-. ... !'- '" co , ::l <n N .. 0 r' z :!";::~ ~ ;~ '" !< c '" cg ~ '" I = N 0 '" .. '" (WV if I '" @S ~ 0 en <0 [I,i:i.i] ... w c 0; It: ~ ~ [!!!!J 0 0 "' ~ ~ 2 ~ '" C = '" 0 0 @ ~ -., 0; ~ ~ w l1!:!Jl " <5 i ci. cg 0; of < , w © ;;; " • • ::> = ~ "! < @i) w !t w a. @i) "" ... a. <i oS '" ::; = i I ~ .. a. 0 "' ,: W ..J <i '-' <n J -<-""-~-v--~; I ' I - >---~ w --.----<i u (J") _~~ _____ ...J , l , __ '_""-'" -C_ ",,,,,;:0 ... ;"'_""'-,,-,--,-,--",-,~" i I - CITY OP PALO ALTO 4 K E K 0 a ~ B D C K April 16, 19'92 TO: Palo Alto city cO"..ll"'lcil SUBJECT: vacation of Street Ea~ement -Castilleja School Attached is the final revised Resolution of Intent to Vacate a Street Easement \Castilleja School), originally 5ch~duled for City Council action on April 13, 1992 but carried forward to the April 16 meeting. In addition to Section III ~ardinq that vas presented to Council Monday, April 13, 1992 (agenda ite~ N? 5), it ~lso clarifies the status of the underground utilities in section II. Castilleja School has executed the agreement re.ferred to in Section Ill. This information is no .... presented for your revieW" and approval. Res~.~ctfully submitted, ~7_ ",_ :---/./ ;-\ ,/~. . .'r"(.1.. -t:. ;_'~J' IDrrLY HARRISON Directo1' of Finance ~. 'J-- t,4LLIAK ZANI:R c~'ty Manager --' -. -.-.. • _'~,.;~:, .. t",r=r,":,=j:;r;;;t"t,-~:'.::··_':'~~~_~--_:.~. _~~_" ___ . ". __ ."_"""'_~'_'_ " r , i:: , - Recorded at no cha~qe in accordance with streets' Hiqh~ays Code sectio~ 8325 dt the requ~st of, and when recorded return to: CITY OF PALO AL~O/REAL EST~TE 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 SPACE ABOVE 1,INE FOR RlSCORDER I S IJSE A.P. NO: N/A PARCEL NO.: CEV 6/1-90/19 PROJECT: EII.SEMENT VACATION l!ELVILLE AVE!>.'UE - CASTILLEJA SC~OOL WILLIAM L. AND PAULA POWAR GENERAL VACATIOll RESOLUTION ~O~ ______ _ RESOWTION OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE VACATION OF A STP£ET EASEMENT ON A PORTION OP KELVILLE A VENUE BETWEEN BRYANT A.'·W EI'.ERSON STREETS, RESERVrNG A TWBNTY-FlVE FOOT PUBLIC UTILITY EASEY.£NT WHEREAS, it is the int~nt of the Council of the City of Palo Al'to (the "City") to vacate a portion of Melville AVenue between Bryant and Emerson streets, in which the City'S o~ner5hip interest consists of a public riqht-of-~ay (the ·Street-), as ShO.TI on a map entitled "Map No. 1 of the Seale Addition to the Town of Palo AltoN, Which map ~as filed for record in the Office of the Recorder of the County of Santa Clara; State of califor~ia on May 12, 1904, at Page 63 of Book F-3 of Maps; and WKEUAS, the City Cour.cil intends to vacate the street, reserving and excepting from the vacation a twenty-five (25) foot public utility easement bsmefittinq the City, as described in Exhibit itA-and as sholo{Jl on the map marked Exhibit "B", 'Which exhibits are attached hereto and made a part. hereof by this reference: and 1nIEREAS, the Cit~{ COllncil intends to vacate the Street according to the procedures set forth in City Policy and Procedure 1-13 and California Streets and Highways Code, Division 9, Part 3, Chapter 3 at Section SJ20 et seq~; and wa:ER£AS, on March 16. 1992, pu.rsuant to City Pol icy and Procedure 1-13 and Streets and High .... ays Code section 8320, et seq., the City council adopted Resolution No. 7080, declaring its intent to vacate the street and setting forth the time and place for a public hearing for all perscns interested in the proposed vacation~ and 1 p =. - f"---, ',,", '. '«." - 1iBEREAS, the city Council finds that said rasolution has been published in the manner prescribed by law for the publishing of ~esolutions of the city; and WHEREAE' .. the City Cou.ncil further finds tr.at notices of said proposed va:::ation, st,a,ting the purp-=-se of said resoluticn and t.1)e time and place set for the publ ic hearing, were posted as req~ired by lawt NOW, THEREFORE .. the C':)uncil of the City of Palo AJ to does hereby RESOLVE as follows: ~ECTION 1. The City Council hereby finds, from all the evidence submitted to the Council at the pur.lic hearings held on March 16, 1992 and April 13, 1992 concerning the Streetrs proposed vacation, which evidence is h,e.reby incorporat.ed by reference into these findings} that: 1. The project will ha' .... e no significant effect on the envirOlUilent, as shor.m in Negative Declaration No. 91-EI}.-37, which the City Council approved en March 16 1 1992~ 2. The Street is ~ot necessary for present or prcspective public use l in that: a. As a cul-de-sac .. the Street is not currently used by public vehicular through traffict b. With the approval of a subdivision map merging th:e Street -with the adjacent parcels and the intendelj construction of a multipurpose athletic field and parking lot thereon by Castilleja School (the "Project'll), there will be no prospective public use of the Street for vehicular through lraffic~ c~ The present and prospective public use of the street for pedestrian and bicycle through traffic can easily be diverted to alternate streets, including Embarcadero Road or Kellogg Avenue, as shown in Negative Declaration No. 91-EIA-37: d. The existing and prospective public use of the street for underground and over~&ad public utilitie& purposes wili be retained under the City's reservation of a twenty-five (25) foot public uti!ities easement along the Street, benefitting the city; and e. The thirty {30) parkinq spaces located on the Street will be replaced by Castilleja connection with the construction of the project. currently School in 3. Ti.le vacation of the Street ...,ill result in public benefit, in that the Cityts maintenance costs for Melville Avenue will be reduced due to the street's closure 1 and there will be reduced demand on the city's athletic fields resulting from Castilleja school's use of its own athletic field to be constructed under the Project. 2 ",," -.. i f .,." f?"'·~;:; c - - RQ.1'IQN"n....l.. The City Council, under the authority of Policy an1 Procedures 1-13 a~d California Streets and Highways Code section 8320 et seq., hereby orders that the street be vac3ted~ reserving and excepting from. the vacation a twenty-five (25) foot easement for public utilities purposes benefitting the city, and any riqh"t necessary to ccnst""ruct l ma.intain, operate, replace, remove, renew o~" enlarge any underqround public utility facilities, existinq oV6rhead public '.J.tili ty facilitie.s only fo~ so long as such existing overhead facilities remain, sa~itaTY sewers~ storm drains and appurtenant structures in, upon, over, under or across the Street, as described in Exhibit ~A" and shown on Exhibit "Bn~ ~CTION 3. The vacation ordered pursuant to Section 2 her-eof is elt..-pressly conditioned as follows: that prior to recordation of this resolution, as set fortb in Section 4, castilleja School shall have entered into an agreement with the City ""hereby Castilleja School agrees that if the use of that portion of the. property de.scribed in Exhibit IIAII ana shown on page 1 of Exhibi~ liB" (that portion to be vacated to castilleja School) is ever changed to a use other than (or school purposes, Castilleja School or its successor~ shall offer to dedicate such port.ion to the City for right of ~ay purposes, at no cost to the City. SECTION 4. The City Council hereby orders the City Cle:rlc:i acting through the City Real propert':l Manager, to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the County Recorder of Santa Clara upon fulfillment of the condition described in Section 3. From and after the di!te cf such recordation. the S"t.reet shall be considered vacated. . INTRODUCED AND PASSED: AYES: NOES: ABSTEN':IONS: ABSENT: ATTEST: City Clerk. APPROVED AS TO FORM: Senior Assistant City Attorney 3 APPROVF.D: Mayor Ci"ty Manager Director of Planning and Community Environment Director of Public Works