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Home My WebLink About0234.093j I , 'I 'j I J I - aJ,J ""., ' , . , .~ ," , .. ~' April 22, 19~3 HONORABLE CITY COUNCIL Palo Alto l california Members of the Council~ Report ion Brief 3 This report requests Council appro'Tal of the Resolution Ordering the SUJr.I:1ary Vacation of a Public Service E':1sement for Utilities located at 443/445 Tennyson Avenue, Palo Alto. :Sae1tqro';lnd The owner of the prope.rt:t at 443/445 Tennyson Avenue has req:uested that the City vacate the 5 foot ~ide Public Utility Easement (PUE), which runs along the easte~ly property li~e of the property (see map attached to Resolutio!"1). This easement vas acquired in 1954 for public utility purpcsesi l:1o'.:e"\t'er, there are ;10 facilitie.s located within the eascme!1t. It has not been utiliz.ed in over f.lve years., and it is not necessary for any present or futUre public use. The processing fee of $300, as set forth in the Municipal Fee Schedule, has been paid by the owner. The attached Resolution wi 11 vacate: the above described casement under the provisions of the Ca lifornia Streets and High'.vays Code, which allo .... s for sumn-ary vacation of public service easements · ... hich have not been used for five consecutive :,rears or more and -which are no longer necessary for present or future use. CMR:234:93 • , , ~'" , , ~! ~y~ronment.l Review These projects are c~t~goricallY ey.e~pt frol:l the requl.rernents of the Californi~ Enviror.rnental Quality Act; therE:.fore; no environmen tal i~pact assessment is necessary. stAff l\ac()mmendati_9_~ staff recommends that the Council adopt the attached Resolution of the Council of the City of Palo Alto Ordering' the Summary Vacation of the Public Service Ease~e~t for Utilities at 443/445 Tennyson Avenue, Palo Alto. Respectfully /,,7 /,/' ~;::/i{ !. MARTHA E. MILLER Raal Property An~lyst ?- .. -~;~' r/ ~ ~. / '.J Att-achm.ents: Summary Vacation Resolut ion Exhibits A a~d B cc: Galina Leytes 8.25 Matadero Avenue Palo Alto, CA 9430~ CHR.:234:93 -'"" ~'. ,:';;:-:' ": Recot'ded at no charge in ace·:.rdance with streets" Highways Code section 8336 at the Req'Jest of, and .. hen recorded Return to: CITY OF PALO ALTO/RE}"L ESTATE PO BOX 10250 PALe ALTO, CA 94JC3 SPACE ABOVE LINE FOR RE.CORDER'S USE A.P. NO.: 124-08-031 PROJECT NO.: CEV 9/23-92/6 PROJECT: Easement~· =ation "3/445 T· yson Avenue S 0 M MAR Y V A CAT ION RI'SOLUTION NO. RESOLUTION Of THE COUNCIL OF THE CITY OF FP.LO ALTO ORDERING THE SUMMARY' VACATION OF A PUSLIC SEHV!CE EASEMENT FDR D"TILITIES AT 443/445 TENNYSON AVENUE WHERE..U, the public service easement for utilities located at 443/445 Tennyson Avenue in Palo Alto has not been utilized in ever five (5) consecutive year~ and is not necessary for future public use; and WHEREAS, from all evidence. subntitted to the Council of the City of Palo Alto it is found that said public service eas.ement 35 described here.in is not necessary for present or prospective public use for public utility purposes; and WHEREAS, it is the intent of the council of the city o! Palo Alto to Vdcate the public service easement for utilities recorded in Book 109 of Maps at Page 19 and Book 2Q of Maps at Page 79, in the City of Palo Alto, county of santa Clara; State of California; and WX£REAS, the Council of the City of Palo Alto intends to vacate such public service eaSi!:ment according to the procedures set forth in the Cal ifornia Streets and Highways Code Division 9. Part J, Chapter <. (Section 833) et seq.) ; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follo'lo.15: SECTION 1. This vac<1tion is made under the Cluthority of California streets and Highways Code Chapter 4 of Part 3 of Division 9, commencing at section 8'330. 1 - ~TION,?. Th'e five (5) foot public service E:(~ser.:~!"lt located at 443/445 Tennyson AVenl.l2 in Palo Alto is hereb.l vacated. Said easement is more particularly described in Exhibit .~ and st:.oW'n in Exhibi't. e, \o'hich Exhibits k are attached hereto and incorpor~ted herein by this reference. SE~JQ~~. The Council finds that s~id ease~ent has not been utjlized in over five (5) consecutive years and is not necessary for future public use. SECTION 4. n',is council finds that this project is categorically exempt :from the requirements of the California Environmental Quality Act and no environmental impact assessment is necessa.ry. SEcrION' 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 recot"ded in the Office of the County Recorder of Santa Clara. SECTION 6. From and after the date of recordaticn of this resolution, said easement shall be considered vacated. INTRODUCED ~~D PASSED: AYES; NOES! ABSENT ABSTENTIONS: ATTEST: APPROVED: City Clerk M~yor APPROVED AS TO FO~~: Cit)" M<1nager senior Assistant City A!.torney Director of Utilities Real Property Manager Director of Finance 2 ,--.. ~ l ----.. --.'~-""~ "'i i I PARCEL 1 AoP. ~O~ 124-2-67 FREPARED BY: J. O. KIEHL CHECKED BY: J. RF.MLEY APPROVED B'{: J. REMLEY DATE: KARCH 23, 1993 PUBLIC UTILITY EASEKENT TO BE ABANOONED Beginning at the most Easterly corner of Lot 12; thence Jrfcrthwester'ly along the Northeasterly 1 ine of said Lot 12 8 distance of 140 feet; thence Southwesterly at right angles 5 feet: thence Southeasterly p6~allel to said Northeasterly line 140 f~et to the Northwesterly line of Ter~yson Avenue; thence Northeasterly along said line of Tennyson Avenue 5 feet to the Point of Beginning,-being a portion of l.ot 12, Block 23, Seale Addition HO. 2, recorded May l5~ 19D5 1 in Book K at page 75, Records of santa Clara county 1 california. Said easeaent is shown on attach~j map -EXHIBIT S-and made a part heret)f ~ JK:jk 124-2-67 END OF DESCRIP'I'ION EXHIBlT A I t ~ :----",". ~ , EXJ-iIB! T 8 51 ":.:::-' ~ -- I· , . I