HomeMy WebLinkAbout0307.093-.
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May 20, 1993
HONORABLE CITY COUNCIL
Palo Alto, California
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CONVEYANCE 01' STORK DRAIN ___ ~SEH:ENT 'I'D TJI.~~_~CJ~l~A_Y_J\k~-gy WATER
PISTR~
Members of the council:
~rt in Brief
This re.port requests Counci 1 approva 1 of the attClched Resolution
under which the City will convez a storm drain easement on Matadero
Creek near E1 Camino Real to the Santa Clara Valley Water District
(SCVWO) •
~kgrcund
since 1985; the SC\""-W'D has bce!"l in the prOCESs cf constructing major
flood control improvements on Matadero Creek. Creek improvements
have been completed from the do· .... nstream side of Bayshore Free\liay to
just downstream of El Camino Real. DOllo'nstrearn of Alma Street,
completed improvements include the addition of floodwalls to the
existing concrete-lined channel and replacement of several bridges.
Between Alma Street and E1 Ca~ino Reali the old trapezoidal channel
was replaced with a larger 25-foot ..... ide rectangular concrete
channel. upstream cf El Camino Real, a nev underground bypass
channel is proposed to accomrr1odate high flo'''; and to allo..-the
existing .natural channel to remai:;J. undisturbed, The SCV~'D has a
50-foot right-of-way on Stanford lal"'.d for an existing I.Ondergro·,.md
facility (Stanford Channel). This right-ot-way will accommodate
the pr-o;,osed new chal"'.noal except at El Camino F<eal where a small
area of additional right-of-way is required on City-o·wrmed property.
In turn, an exist ing small triangular area ot SCVVW easement on
city-owned property 'Will become surplus as a res~lt of the
CMR:307:93
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31iqn:m2nt of the n>aw channel, and SC\''¥r.'D ,",,.ill quitclaim this a:-ea to
the City within 90 days ($ee Attachment A).
conveyance of Ease~ent
The SC'V""I'i'D's existing r ight-of-wa:y at Matadero Creek and E1 Camino
Real does not !r.a'tch the alignment of the ne. 'Underground chani1el,
and SCVWD has requested that the Ci t z' grant an approximately 118
square foot easeme;'.t in exchange for 'lIo'hich they ""ill qultclairr, ar.
approximately loa square foot area no lOl1ger needed b:t them.
The attached Grcmt of E-aseI:lent will cor,vey to the scv~m the
necessary right-of-way for w~ter management and/or storm drainage
purposes, and the r-ight to install and maintain associated improve
ments and facilities. There is an existing light pole ~ithin the
e&sement area, and the easement reserves the right of the City to
maintain l operate, repair, lccate~ remove and relocate any street
lights or other electrical facilities which are or will be
maintained or located in or on the parcel.
Environme~t41 J:tnpG_et ~S8es:sments
'I'he environmental i!l'lp&ct assessment for the flood control project
on Matadero Cr~ek w~s prepdred by the SCVWD in 1988 and received a
negative declaration. The City is now considered the lead agency
under CEQA for purposes of the grant of permanent easement rights
to SCVWO. An environmental impact assessment prepared by Palo Alto
for the Grant of Easement received a negative declaration. A copy
of the environmental assessment is attacl'.ed for Council's consider
ation and approval in 'Connection .... ·itt-. the Grant of Easement.
Staff Reeo~en4ation
Start recom:rr:ends that the Co..:ncil approve the attached negative
declarat,ion and adopt the attached Resolution under which council
approves a.nd authorizes the Mayor to execute the Grant of Easement
(Exhibit A to the Resclution)~ granting the SCVWD an easement for
storm drainage and flood control purposes on Matadero Creek and El
Camino Real.
CMR:307:93
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RESO:-iJ7ION NO.
RESOLUTION OF THE COUl'J'CIL GF THE CI'!"{ O'S' PALO A:..TI)
APPROVING A GRANT OF EASEMENT BENEFITTING THE
SANTA CLARA VALLBY WATER DISTRrC'I'
WHBREAS, the Santa Clara Valley Wal'".er District I. ~Dist.rict 11 i
is undertaking flood control wc~k on ~tadero Creek in the vicinity
of BI CalTlino Real, and .3. new ur..derground bypass ChanJlel is being
proposed for expansio~ on part of the City of Palo Alto's property
at this location; and
WHEREAS, the Dist:rict wishes to obtain an easernent for
flood control purposes t':J construct and permanentJ. y locatE at tr.e
referenced location stonn drainage improvements and install and
maintain associated improvements and facilities; and
WHEREAS, the District and the City of Palo Al to wish to
grant easements tD each other to facilita~e the construction of the
channel;
NOW. THEREFORE. the Council of the City L'Jf Palo Alto does
hereby ~ESOLVE as follows:
SECTION 1. The Council has considered and hereby approves
the negative declaration for the project and finds that the project
will have no significant environmental effects.
SECTION 2. The Counci 1 hereby approves the Grant cf
Basement tor Parcel No. CE 20/1-92/5, the legal descripti::m cf
which is attached heretu as Exhibit A and made a part hereof by
this reference r and authorizes the Mayor to execute t"be same O!1
behalf of the City of Palo ~to.
!NTRODUCED .~ PASSED:
AYES,
NOES,
ABSENT,
ABSTEN'l'IONS,
ATl'EST: APPROVED,
City Clerk !Io1a.yor
APPROVED AS TO FORM, City Manager
senior ABst City Attorney Di re c to r 0 f F ina=-=n"c"'e:-------
Real Property Manager
9~:S 13 ayn 007<!J79
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STANFORD
(VAP.l.~N)
IffY." .. : . . .... " . .. :.::.~.:.':' .
0"::::::
SC'IWD
R!GKT-OF-14AY
~'l LSQr/
P~OPE.RTY
3398 EI Camino Peal
(Fresco Pest~urant)
118~ sqware f~et
E~.sE~ENT TO 8~ GRANTED 18 SCVW:':'
100::-".~ua re f':et
3375 El Carine Real
(Slzzler Pestaura~t)
~1~SON
PROPE~T'f
fX1S-(NG SCV~iJ R[GHT-QF-WAv TO BE QUiTCLAIMED TO CITY
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Enviro~~ental Doc~~~nts ... City cf Fa'c AltJ
Project DescriptiGrI/TiUr:-: C"'al"1.L_pf fil:~:r::""::D __ L....!L.tb_~ .5.,}~ __ tfL~J __ :~.r-a Yall€'( ~)>:r
Di;) tr ict to real i gn the f':~_taderQ Creek C_r.!.a...o..D....Sj ______ !:'_,~_g __ ~ __ r --..lLCallli n..';"-B_U1C1c,. __ _
SpCl"lsar~r.g Agency/AppT;r:a"rt: ScntCl Clara_Y __ ~J':€'{ loIa 1,':"I' Di_~j_.d.J_l
Address and Telephone of t~pTicant:
Applicatia~ for: Grar,1_Df Ea~s~'~IT~!e~"~tCo~~~7C __ O
(e.g., lonin'J change, .5'Jbdlvision of property, arch~tec.-tljral ri'vie ..... 'Jse
p€'rmit)
Zoning at Project locatior:: ~
Based upon review of the project files, the u~dErsi~~ed ~ember of the Planning
Department has concluded:"
I!I
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Negative Declaratig_Q: The project has no significant environmental
imp~tt. No rnvironmental Impact R~port is required. The reasc~~ for
Negative Oecl~r3t;on are:
in the ~ttacr.E'd pro;€ct descr:j~n lIn-::J allalvsis. A re_~JLr_q_.....Q.f.._prQiect
ac t i Orl is a \I a i laJlJuL.fQ.L...!:fY i elll at H,e Palo A It Q. __ E.L~.Q!J_i.r!s....Qep a rt~en t.
lQf.~_t~_Q.....pELJ."e 5th floor of (tty Hall, 25_0 H.l.siJJon A,renLiE. Palo Alto-,
CA 94JDJ.
T~e project ~aj ha~e a significa~t enwirQn~ent31
£n~ironmental Impact Report will be prep1red.
import. ;r'1
:::::::: ::::::::~t Of;2~Ji£ 5~M Date;
The project has been approved.
The project has bee~ denied.
p:\ElA\9JI6.NOD
Date:
Dale:
Fi 1 e No.; 9J-EIA-15
9J·E1A·16
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Th~ granting to ne Santa Clara '{alley ~:-3.tel· D'".lrict (~,'.,"'OJ 'Jf :;'2 118-
square-foat easem·:nt adjacent to Matacero ere.ek. ,,1 .a. por:-.:n Cf ",':t:' pub'ic
right-ot'-wa~" \01111 have no direct physical imp<lcts or. thf~ 2r1vir:)nr.-'?nt. F,e
gr'anting of the eas~r:!=;"tt ,.dll facnHiite the r:Or,;.tri..icti':J~ of nec:;,-:.s.ary flood
cor.trol impro'yements to Matadero (reek:. Eoe ea'~lmt:nt rf:~=ryes U:-right cd
the City to maintain, operate, repair. ~ocite r':~0ve and ,oelocate ary stre2~
lights or other electrical facilities ,,",'hich are cr win e miii"t;;ined or
located in or on He pa,cel. ~n e~l,IirJ.)~H;",ental impact a: ,;S5i':"'E"!1t for P,e flocd
control ~roject on ~atadero Creek was prepar~d by the SC ~J ~1 A~ril 1988, and
recei~ed a negative declaration.
p:\tlA\9316. NOD 93-E lA-16
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SPACE ABOVE THIS LINE FOR. P.ECORDER'S USE OULY
A.P. No.: N/A
Parcel No.: CE 20/1-92/5
Project: Easement to SC~lWD
Matadero Cre~k & E1 Camino
District Parcel ~o.
_________ lG R A )It T OF E A 5 EM E N T\ ____ _
FOR A VALUABLE CONSICERATION~ receipt of 'Whjch is hereby
acknowledged, THE CITY OF PALO ALTO, a :;"..l!"1icipal ccrporatio:;-,
(GRANTOR) hereby grants to
the Santa Clara valley Water District, a public corpor2tion,
its successors and assigns l (GRk~TEE) a non-exclusive easement for
'Water management and/or storm w~ter drainage purposes together
with the right to install and maintain associated underground
improvements and facilities
in t under, and through that certain real. property in the city of
Palo Alto, County of Santa Clarar State of C~lifornia. described in
Exhibit A and ~hown on the Exhibit E which Exhibi~s are attach2d
hereto, and made a part hereof, s~bjcct to the fcllO'.w"ing
conditions:
GRANTEE, its successors and assigns r and its and their respective
contractors, agents and employaes shall have free access to said
easement and right cf ~ay at all reasonable times for the purpose
of exercising tf'.e rigl'.ts herein granted? and sh,:!ll have the right
to cut those roots and trim trees and shrubs that may endanger or
interfere ..... ith said facilities, provided, hO' .. "ever that:
L Should it be necessary for GRANTEE to disturb the easement
area, GRANTEE agrees to noti fy GfU...N'IOR in ... 'r-iting 90 days in
advance of the location and extent of such .... ork. and to obtain
any required c.on::;truction permits from GRANTOR prior to
commencement thereof. except in an ernergencl" situation. For
this purpose-GRANTOR designates the follO'..ring agents for the
receipt of r.otice:
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Manager, Real Property
City vt Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
c.s. ty Engineer
City of PGlo Alto
P.O. Bex 10250
Palo Alto, CA 34303
GRANTEE sh .... ll t'.lrther notify GRANTOR'S Cl ty :Engi neer
immediately upcn completion of any 'Work perforT.11?d. GRANTOR'S
issuance of its construction permit shall not be deemed to
impose any liability on GR.A.J..,ITOR for the dcsigrt, r:'.s.terials .. or
location of any improvements insta lIed !:>y GRANTEE.
2. GRANTEE, its successors and assigns, shall make any excavation
or perform any construction in a manner which causes the l~ast
injury to the easement area and sha 11 replace any earth SCi
re:rncved by itl and restc.re cr repair any s:lrface or sub
surface i~provernents to as near the same condition as existed
prior to such construction as is possible. GRP~TEE agrees to
repair to the satisfaction of GRANTOR'S City Engineer any
landscaping, sidewalks, orname~tal pave~ent asphalt paving,
underground facilities, or struct~ral facilities damaged or
destroyed by GRANTEE.
3. GRANTEE shall at all times observe and comply, 21nd cause a 11
of its subcontractors and employees, if any, to observe and
comply itl'ith all existing and future federal, state and local
laws, ordinances, regulat:'ons, orders and decrees .. 'hich may
affect the cOJ"lduct of GRANTEE in the. exercise of the rights
granted herein.
4. GRANTEE expressly agrees to indernn!fy, defend, and hold
harmless, GP..A..~TOR" its officers, agents and employees from all
liabilities, claims or demands on account of or arising out of
any injury or losses resel ting from GR~\jTEE~ 5 exercise cf
rights granted herein.
5. In the event that GRANTOR must bring a:::tion to secure
GRANTEE'S perfonnance of the conditiop.s set fort.h in this
Gra.nt of Eascrnerlt~ GRJ..NTOP. shall be entitled to re:cover fron
GRANTEE, reasonable and necessary expcn_ses, attorney's fees
dnd court costs.
RESERVINC unto GRAII'lOR. s:Jch ather rights, including the rights
hereinafter set forth, as will not interfere ~ith or prohibit the
contemplated use by GRANTEE; its 5uccessors and assigns, or the
rights and easement herein granted, prcvided GR.lI,..\.'TOR rna]' not place
or penn it any puilding or structure on said easement or othendse
interfere \oIith the full enjoyment by GRANTEE of the easerr.ent hereby
granted. GRANTOR expressly reserves the right to maintain,
operate, repair, locate, remove and relocate any street lights or
electroliers or oth~r electrical facilities which are or will be
presently maintained l oper~ted, or located in or an Parcell at all
times, hereunder.
2
Dated:
o
GR.~NTOR ;
Cit,. of Palo Alto, a
MiJ~icipa' CorpordtiCIl
By: __ _
STAT[ OF CALlfORNl.I, CQUIIT! Of SANTA CLARA; ss.
On
and for said County and
known to me to be the
~ before me, the l.mdersigned, il f'{otary Public in
S(at~-personally appeared ___ _ o Mayor
o City ~.nager o Assistant City Manager
of the Ci ty of Palo Al to, th~ Il'!unicipal corporation that uecuted the wi thin
instrumef'lt Oi1 b~~!l f of said municipal corporat ior" ar:d ickno!l.'l'~dged to rr,e that
said municipal corporation ~xecuted the same.
WITNESS my hand and officia1 seal.
APPROVED AS TO fORM
City Attorn,y
8y, __ _
APPROVED AS TO OESCRIP1l011
Public Works/Engineerir.g
Notary Publ ic In arid for said
County and State-
APPROVALS
APPROYED AS TO COtHENT
Finance [lepartrnentjReal [state
By
I By ________ _
___ 2'_ __ ______ ~
CERTIFICATE Of CONSENT ANJ ACCEPTANCE
This is to (ertify that the intf!rest in feal property cO:1v~y-ed by the a.ttacned
Deed or Grant to Santa Clara ValJ€y Water District is hereby accepted by the
undersigned duly authoriZed agent c,r. behalf of the Soard of Directors of said
Santa ClaT. V;i1ey Water District, pursuant to authority conferred by Resolut;o~
No. 68-25 (If said' Scad of Directors adopted or; the 26V, day of March 1958,
recorded March 27th, 196a in Book 8069, Page 535, Official Records of Santa Clara
County, California. and the Grantee ccnsents to recordatio~ thereof by its said
d1l1.)' authorized agent.
Dated: __________ _ )9_ SArITA CLA.RA VALLE! wATER DiSTRICT
OW' IE
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PPOJHT #: CE 20,1 1-92/5
File No.: 1021·160
All that certain real prQ(l~ny :;jru~(e in me CiT)' of PJ.in Altc, County ofSJnta CLar~. Sw,te of California,
described as [.allows.:
Bp.ing a portion of the ra~,ds dcscrihoo 2.S "'PARCEL 1" in the fina! Judgemcn! of con.i:;mnation re.::.orded
in Book 8170 of Official R<":::ords :It PJ';<!' 293, t.-:: seq,> ill the offlce of Recc-rd!~. COUl'uy Df Santa Clarl,
St.:lte of Callfornia, teo wil:
DEGINNlNG at th.e I11CS! r.ortherTy .comer of that certain 0.01:5 acre parcel o[ la:;d shown on that cer"..a:in
Record ofSuryey frlOO in Book 82 of Maps al Page 41, Sam.a Clara (OlJrIIY Record,,; th~nce along th~
northeasterly line of said pa:-ed SS5<'5S'OO"E 10.00 feet; thence leaving the said line, S44(o23'«"'V
13.13 feet; thence along a C:Uf\/e 't", tile left, from.a ungent whk.h bears N59"2S'Z4"W h.av!r:g a radius
of 2990.00 fect, through a cemral angle of OO a OS'2S", for an arc dist:mce of 7.3i feet to t..;'.e
northwesterly fine of .!I;!.id Record of Sur.'ey; thence al0ng .!laid r,urthwe.>terly tine, K33"OS'OO"E 13.79
feet to L'u: POfNT OF BEG1NN!]'I;G.
ConUining 118 sq.fi. or o.on ,l,Tt! oi IJnd m~1re or less.
EXHI5~T ~,
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C-rANFORD
LiNiV!.e,SJ1'Y
OHI8!T !!