The URL can be used to link to this page

Home My WebLink About0107.094\ ~, • • ,."'" ,', '~' . -15 January 13, 199~ HONORABLE CITY COUNCIL Palo Alto, California Members of the Council: This report reqqests the Council's approval of tha attached -Resolution Orderinq the summary Vacation of a Public Service Easement for Ingress and Eqress· located on the north side of San Franclsquito Creak, just east of aayshore Frontage Road, in E~st Palo Alto~ San Hateo County~ California. Bacll:qroup4 The ow~ers of three affected parcels and the county of San Mateo have requested that tlle City vacate the twenty-five foot wide easement -tor inqress and eqr-ess which runs alonq the northerly portion of their properties (see Attachment Al ~ Thi~ easement was granted tc the City on March 4, 1~46, as a part of the Execu~Qrts Deed from Lawrence p~ Faber, which transferred title to the Faber Tract in the Baylands to the City of Palo Alto. At that time. the easement was provided for access to and froUl the Faber Tract; apparently. it was never used after a major portion of the easement vas quitclaimed by the City to the -Brentwood Company in 1955. The remaining portion.. encumbering these three parcels, no IO!'1ger accesses the Faber tract. There are no City facilities located within this easement. not been utilized by the City in over five years and it necessary for any present or futUre public U$e. A fee of has been paid by the ovner of one_of the parcels who plans his property for a sroall multiple housing project. Cl!Rn07: 94 ,'''-. It has is not $1,50.0 to use · - o ~iOD of the ~8ement The attacbed Resolution will pert'lit the City to quitclaim its interest in tee referenced easement. Under the provisions of the C~lifornia streets and Highways Code, summary vacation of public service easements which have not been used for fiv~ consecutive years or more and which are no longer necessary for present o!' future use by the holder of the easement, are permitted. BnviroDaaptal Review These projects are categorically exempt from the requiremen~s of the California Environmental Quality Act; therefore, no environmental impact assessment is necessary. 'tAff ,,~ommend.tion staff recommetds that the Council adopt the attached "R~solution of the Council of the City of Palo Alto Ordering the summary/Vacation of the Public Service Easement for Ingress e.nd Egress l ,. Respectfully Submitted# Attachment A: Summary vacation Resolution cc: Frank Onq 13J1 Schooner Street Foster cjty, CA 94404 Roland Bresler cour.ty of San Mateo county Government Center Redvood City, CA 94061 CMR:107:94 2 I ' , LECO:ND A TT AC HM£NT A Recorded at no charge in accordance with Streets & Hi9hways Cod~ Section 8336 at the Request of, and when recorded Return to: CITY OF PALO ALTO/REAL ESTATE PO BOX 10250 PALO ALTO, CA 94303 A.P. NO.: 063-540-270/2BO/290 PROJECT NO.: CEV 9/23-92/6 PROJECT: EaseT!1ent Vaca"t,ion East Pale Alto SUM H A R Y V A C ~ T ION RESOLUTION NO. __________ _ RESOLUT!ON OF THE COUNCIL OF THE CITY OF PALO ALTO ORDERING THE SU~Y VACATION OF A PUBLIC SERVICE EASEMENT FOR INGRESS , EGRESS AT PARCEL NUMBERS 06]-540-270, 063-540-280, 063-540-290 IN THE CITY OF EAST PALO ALTO DDEAS, the public service ease1'T1ent fer ingress and egress located at parcel nu~bers 063-540-270, 063-540-280, 063-540-290 in East Palo Alto~ has not been utilized in over five (5) consecutive years and is not necessary for future public use; and WHEREAS, from all evidence submitted to the Council of the City of Palo Alto it is found that the public service easement as described herein is not necessary for p~esent or prospective public use for public service purposesj and WHEREAS, it is the intent of the Council of the City of Pala Alto to vacate t,he public service E>asement, recorded April 15~ 1946 .. in vol. 12<59 of Official Records at page J15, Reccrds of San Mateo countYr californiaj and WEER.BAS, the Cc,uncil of the City of Palo Alto intends to vacate such public service easement according to the procedures set forth in. the California streets and. Highways Code Division 9 Part 3, Chapter 4 (Sect.ion 8333 e:t seq ~ i ; NOW, 'i'HEREFOREr the Council Df the City of Palo Alto does 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 8330. 1 o SECTION 2. The twenty-five {25,) foot public s~l:vic£ easement located at pa.rcel numbers 063-54!J-2i'O~ 063-540-28D, 063-540-290 in East Palo Alto is hereby vacated. The easement is not'e particularly ,-::escribed in Exhibit A and shcr.'n in Exhibit B, ... ,'hich Exhibits are attached her-eto and incorporated herein by this reference. SECTION 3. Tha Council finds that the easement has not been utilized in over five (5) consecutive years and is not necessary for future public use. SECTION 4. This Council tinds that this project. is catEgorically exempt from the requirements of the California EnvironMental Quality Act and no envir"onmen't.al itnpact assessment is necessary. SEC7IQNji. 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 County Recorder of Sa:'lta Clara. SECTION 6. From and after the date of recordation of this resolution, this easement shall be ~on5idered vacated. INTROOUCED AND PASSED: AYES, NOES: ABSENT ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM; ~-,--o---,--:----:-~.,.--~,---_.Senior Assistant City Attorney 2 .~PPROVED: Ci '"-y Manager Director of ufl-;l'i"t::-l"-· .,.."s----- _ ... _.=-=::-:-:c:--. Real Property Ma~ag~r Director of Finance -.j.. A.P. NO. 6)-540-270 PREPARED BY: J. D. KIEHL CHECKED BY: J. BCURQVIN APPROVED BY: J. REMLEY DATE: JANUARY 6/ 1994 ~ DESCRIPTION EASE.~ENT VACATION P,~CEL 1 A portion of the pulgas Rancho and a portion of S~drnp and overflo~ed Lands Survey No. 24 and a yortion of Lot 2 of section 31, Tm!On'Ship 5 South, Ranqe 2 West, H.O.B. 5: M. described as a whole as follows: Being a strip of land 25 feet wide, the centerline thereof desc~ibed as follows; Beginning at a point on the Northeasterly line ot U.S. Highway No. 101 alternate, Section D., Route 68, District 4 in San Mateo County California commonly known as the Bayshore Highway which said Point of Beginning is North 53-45' West (called North 53" 39' west on the plans tor said Highway) along said Highway line a distance of 95.43 fest from its intersection wi~~ the dividing line between San Mateo and Santa Clara counties: THENCE North 50· 28' OOft East 431.69 feet; THENCE North 56" 42' 30" East 69.62 feet; THENCE North 64· 16' 30 n East 85.62 feet; THENCE South 73-50' OON East 19.43 feet to the terminus of said easement, said termin~s lying on the mo~t westerly line of Lot 22, in Block 30, as said Lot and Block are shown on map entitled ~Palo Alto Gardens !-!ap No. 3 11 , recorded June 22, 1951 in ' ..... oh .. me 33 of Maps at page 33 in the office of ths County Recorder San Mateo. county, state of California. Said easem~nt is shown on attached map -EXHIBIT B-and ~ade a part hereof. containing 15689 square feet more or less. JDK: jdk E4111293.DWG 63540270 "EXHIBIT A- END OF LEGAL DESCRIP'I'lON J ~ 'I I