Attachment 5
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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
ORDERING THE VACATION OF STREET RIGHT-OF-WAY AND PUBLIC EASEMENTS WITHIN THE MIDDLEFIELD PARK MASTER PLAN ON A 40-ACRE SITE GENERALLY LOCATED AT THE
NORTHEAST CORNER OF ELLIS STREET AND EAST MIDDLEFIELD ROAD AND NORTH OF WEST
MAUDE AVENUE BETWEEN LOGUE AVENUE AND CLYDE AVENUE
WHEREAS, on October 25, 2022, by its adoption of Resolution No. 18720, Series 2022, the City Council of the City of Mountain View, pursuant to the provisions of Part 3, Division 9 (Sections 8300 through 8363) of the Streets and Highways Code of the State (the Public Streets, Highways and Service Easement Vacation Law), declared its intention to vacate street right -of-way and public easements within the Middlefield Park Master Plan on a 40 -Acre site generally located at the northeast corner of Ellis Street and East Middlefield Road and north of West Maude Avenue between Logue Avenue and Clyde Avenue; and
WHEREAS, by the said Resolution No. 18720, which Resolution is incorporated by reference as if fully set forth herein, the City Co uncil set Tuesday, November 15, 2022, at 6:30 p.m. as the date and time for hearing all persons interested in or objecting to the proposed vacation, and directed the City Clerk to give notice of said hearing in the manner prescribed by law; and
WHEREAS, on November 15, 2022, the said public hearing was held and evidence was submitted to the City Council, bearing upon the present and prospective use of the street right - of-way and public easements; and
WHEREAS, this vacation is necessary for the development, Application No. PL-2020-149, for a Planned Community Permit for a master plan that includes a mixed -use development with up to 1,900 residential units, 1,317,000 square feet of o ffice/R&D, 50,000 square feet of ground-floor commercial space, approximately 10 acres of public parks and open space , and an optional private district utility system on a 40-acre site generally located at the northeast corner of Ellis Street and East Middlefield Road and north of West Maude Avenue between Logue Avenue and Clyde Avenue; and
WHEREAS, this development shall be completed in multiple phases. The proposed vacations may also occur in phases with only portions of the easements being vacated with each development phase; now, therefore, be it
RESOLVED: that the City Council of the City of Mountain View finds, from all the evidence submitted, and the street right-of-way and public easements described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference, are unnecessary for pr esent -2-
and prospective public uses and that, therefore, this body orders that the said public easements described herein be, and the same are hereby, vacated, subject to the conditions specified in this Resolution; and be it
FURTHER RESOLVED: that the City Council of the City of Mountain View, in accordance with Streets and Highways Code Section 8324(b), finds that this Resolution shall not be recorded until the following conditions have been satisfied:
1. File with the City of Mountain View approved improvement plans, agreements, and performance bonds as a condition of approval for the project.
2. Submit utility clearance Letters from CPUC regulated utilities stating that the easements are no longer needed.
3. All public utilities within the street right -of-way and/or public easement have been relocated or abandoned per City and/or utility company standards and new easements dedicated.
4. For public easements within the footprint of future buildings where the utility must be relocated prior to the issuance of Building Permit, Item 1 may be exempted with the approval of the Public Works Director.
This Resolution shall be recorded for each portion of street right-of-way or public easement to be vacated in accordance with approved City recording instructions. The recording documents shall include a plat and legal description of the portion of the street right -of-way or public easement to be vacated; and be it
FURTHER RESOLVED: that as finding of fact supporting its decision vacating the said street right-of-way and public easements with the Middlefield Park Master Plan, this body finds as follows, and, in addition, incorporates by reference, as fully set forth herein, the Council report dated November 15, 2022:
1. The street right-of-way is unnecessary for present or prospective public use with the reconfiguration of Logue Avenue in accordance with the East Whisman Precise Plan.
2. The existing utilities within the easement are proposed to either be removed, relocated, or placed underground as part of this project.
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3. New street easements and public utility easements to be dedicated are shown on the Vesting Tentative Map (Application No. PL-2021-121).
4. The existing easements are unnecessary for present or prospective public use.
– – – – – – – – – – –
RG/4/RESO
926-11-15-22r
Exhibits: A. Table of Street Right-of-Way and Public Easements to Be Vacated B. Map of Street Right-of-Way and Public Easements to Be Vacated Easement Number
from Map Easement Title Document Reference In Favor of/ For the Purpose of Project APN(s) 15 ' PUBLIC SERVICE EASEMENT 4704 O.R. 510 CITY OF MOUNTAIN VIEW AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES. 160‐58‐017 , 160‐58‐016
34 ' SIDEWALK EASEMENT INSTRUMENT NO. 13760875
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR SIDEWALK EASEMENT AND INCIDENTAL PURPOSES. 160‐58‐017 , 160‐58‐016 44 ' SIDEWALK EASEMENT INSTRUMENT NO. 13760876
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR SIDEWALK EASEMENT AND INCIDENTAL PURPOSES. 160‐58‐017 55 ' STREET UTILITY EASEMENT INSTRUMENT NO. 13760877
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR STREET AND FOR THE PURPOSE OF LAYING, INSTALLING, MAINTAINING, REPAIRING, PROTECTING AND REPLACING SANITARY SEWERS, WATER MAINS, STORM DRAINS, GAS MAINS, POLES, OVERHEAD AND UNDERGROUND ELECTRICAL AND TELEPHONE WIRE, ELECTROLIERS, CABLE TELEVISION, AND OTHER MUNICIPAL USES AND INCIDENTAL PURPOSES. 160‐58‐017
6A 5' STREET UTILITY EASEMENT INSTRUMENT NO. 13760878
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR STREET AND FOR THE PURPOSE OF LAYING, INSTALLING, MAINTAINING, REPAIRING, PROTECTING AND REPLACING SANITARY SEWERS, WATER MAINS, STORM DRAINS, GAS MAINS, POLES, OVERHEAD AND UNDERGROUND ELECTRICAL AND TELEPHONE WIRE, ELECTROLIERS, CABLE TELEVISION, AND OTHER MUNICIPAL USES AND INCIDENTAL PURPOSES.
160‐58‐016
8 MAINTENANCE & PEDESTRIAN PATH INSTRUMENT NO. 13899267 MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "DEFERRED LIGHT RAIL STATION AREA IMPROVEMENT" DATED JUNE 06, 1997, EXCUTED BY AND BETWEEN CITY OF MOUNTAIN VIEW AND MIDDLEFIELD/ELLIS ASSOCIATES, RECORDED FEBRUARY 09, 1998, INSTRUMENT NO 14044593, OF OFFICIAL RECORDS, WHICH DOCUMENT, AMONG OTHER THINGS, CONTAINS OR PROVIDES: TERMS AND CONDITIONS AS CONTAINED THEREIN. GRANT OF EASEMENT EXECUTED BY CITY OF MOUNTAIN VIEW, TO SANTA CLARA COUNTY
TRANSIT
160‐58‐016, 160‐58‐017
9 SANITARY SEWER AND STORM DRAIN EASEMENT 6058 O.R. 458 CITY OF MOUNTAIN VIEW
AN EASEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SANITARY SEWER MAINS, STORM DRAIN AND INCIDENTAL PURPOSES.
160‐57‐008
14A 20' PUBLIC UTILITIES EASEMENT 6805 O.R. 6
CITY OF MOUNTAIN VIEW, A MUNICIPAL CORPORATION
AN EASEMENT, WITH RIGHTS OF INGRESS AND EGRESS, FOR THE PRUPOSE OF LAYING, INSTALLING, MAINTAINING, REPAIRING, PROTECTING AND REPLACING SANITARY SEWERS, WATER MAINS, STORM DRAINS, GAS MAINS, POLES, OVERHEAD AND UNDERGROUND ELECTRICAL AND TELEPHONE WIRES, ELECTROLIERS, AND OTHER UTILITY AND MUNICIPAL PURPOSES.
160‐57‐009, 160‐57‐012
14B 5' WIRE CLEARANCE EASEMENT 6805 O.R. 6 CITY OF MOUNTAIN VIEW, A MUNICIPAL CORPORATION A PERPETUAL EASEMENT FOR WIRE CLEARANCE PURPOSES ONLY.
160‐57‐009, 160‐57‐012
17 10' PUBLIC UTILITY EASEMENT 7342 O.R. 118
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR ALL UTILITY AND MUNICIPAL PURPOSES AND INCIDENTAL PURPOSES. 160‐57‐009 18 5' WIRE CLEARANCE EASEMENT 7342 O.R. 118
CITY OF MOUNTAIN VIEW
AN EASEMENT FOR ALL UTILITY AND MUNICIPAL PURPOSES AND INCIDENTAL PURPOSES. 160‐57‐009 25 PUBLIC UTILITY EASEMENT
121 MAPS 40; INSTRUMENT NO.
13702085
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 2724 (121 MAPS 40) FOR PUBLIC UTILITIES. 160‐58‐017 , 160‐58‐016
Exhibit A
26 WIRE CLEARANCE EASEMENT
121 MAPS 40; INSTRUMENT NO.
13702085
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 2724 (121 MAPS 40) FOR WIRE CLEARANCE. 160‐58‐017 , 160‐58‐016 27 ANCHOR EASEMENT 121 MAPS 40
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF PARCEL MAP FOR ANCHOR AND INCIDENTAL PURPOSES. 160‐58‐017 28 PUBLIC UTILITY EASEMENT 138 MAPS 24
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 2917 (138 MAPS 24) FOR PUBLIC UTILITIES. FOR PUBLIC UTILITY, WIRE CLEARANCE, AND INCIDENTAL PURPOSES 160‐57‐004,160‐57‐006, 160‐57‐
007, 160‐57‐009, 160‐57‐013, 160‐
58‐001
29 WIRE CLEARANCE EASEMENT 138 MAPS 24
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 2917 (138 MAPS 24) FOR WIRE CLEARANCE. FOR PUBLIC UTILITY, WIRE CLEARANCE, AND INCIDENTAL PURPOSES 160‐57‐004,160‐57‐006, 160‐57‐
007, 160‐57‐009, 160‐57‐013, 160‐
58‐001
30 PUBLIC UTILITY EASEMENT 189 MAPS 32
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 3813 (189 MAPS 32) FOR PUBLIC UTILITIES. FOR PUBLIC UTILITY, WIRE CLEARANCE, AND INCIDENTAL PURPOSES 160‐57‐009, 160‐57‐010, 160‐57‐
011
31 WIRE CLEARANCE EASEMENT 189 MAPS 32
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN OR DEDICATED ON THE MAP OF TRACT NO. 3813 (189 MAPS 32) FOR WIRE CLEARANCE. FOR PUBLIC UTILITY, WIRE CLEARANCE, AND INCIDENTAL PURPOSES 160‐57‐009, 160‐57‐010, 160‐57‐
011
39 PUBLIC UTILITY EASEMENT 524 MAP 27
CITY OF MOUNTAIN VIEW
AN EASEMENT SHOWN ON THE MAP OF PARCEL MAP FOR PUBLIC SERVICE AND INCIDENTAL PURPOSES. (524 MAP 27). FOR PUBLIC SERVICE AND INCIDENTAL PURPOSES.
160‐57‐013
43 10' POLE AND WIRE EASEMENT F858 O.R. 342 CITY OF MOUNTAIN VIEW AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES.
160‐59‐006
44 5' WIRE CLEARANCE EASEMENT F858 O.R. 347 CITY OF MOUNTAIN VIEW AN EASEMENT FOR WIRE CLEARANCE AND INCIDENTAL PURPOSES. 160‐59‐006
46 5' PUBLIC UTILITY EASEMENT 4769 O.R. 501; 4922 O.R. 461 CITY OF MOUNTAIN VIEW
AN EASEMENT FOR PUBLIC UTILITIES AND WIRE CLEARANCES AND INCIDENTAL PURPOSES. 160‐59‐005 N/A Logue Avenue Cul‐de‐sac (in fee) 8869 Page 205 CITY OF MOUNTAIN VIEW GRANT DEED (FEE SIMPLE) FOR STREET.
Logue Avenue
Easement Number
from Map Easement Title Document Reference In Favor of/ For the Purpose of Project APN(s) 5' PUBLIC SERVICE EASEMENT, 4704 O.R. 510
10' PG&E UNDERGROUND UTILITIES, INSTRUMENT NUMBER 13706881 4' SIDEWALK EASEMENT, INSTRUMENT NUMBER 13760875
4' SIDEWALK EASEMENT, INSTRUMENT NUMBER 13760876
5' STREET UTILITY EASEMENT, INSTRUMENT NUMBER 13760877
A) 5' STREET STREET EASEMENTS, 4704 O.R. 510
NOT USED, SEE 8
MAINTENANCE AND PEDESTRIAN PATH, INSTRUMENT NUMBER 13899267 SANITARY SEWER AND STORM DRAIN EASEMENT, 6058 O.R. 458
10' PG&E EASEMENT, 9210 O.R. 645
10' PG&E EASEMENT, 0233 O.R. 131
15' PG&E EASEMENT, 1206 O.R. 276
20' RAILROAD EASEMENT, 6689 O.R. 680
NOT USED, SEE 15
10' PUBLIC UTILITY EASEMENT, 7342 O.R. 118
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
5' WIRE CLEARANCE EASEMENT, 7342 O.R. 118
10' PG&E EASEMENT, 8304 O.R. 692
10' PG&E PUBLIC UTILITY EASEMENT, 9886 O.R. 17
NOT USED
5' NITROGEN PIPELINE, G942 O.R. 76
20' RAILROAD EASEMENT, 7321 O.R. 49
NOT USED
ANCHOR EASEMENT, 121 MAPS 40
PUBLIC UTILITY EASEMENT, 138 MAPS 24
WIRE CLEARANCE EASEMENT, 138 MAPS 24
PUBLIC UTILITY EASEMENT, 189 MAPS 32
WIRE CLEARANCE EASEMENT, 189 MAPS 32
NOT USED
NOT USED
NOT USED
NOT USED
NOT USED
NOT USED
NOT USED
PUBLIC SERVICE EASEMENT, 524 MAPS 27
NOT USED
NOT USED
NOT USED
10' POLE AND WIRE EASEMENT, F858 O.R. 342
5' WIRE CLEARANCE EASEMENT, F858 O.R. 347
5' PUBLIC UTILITY EASEMENT, 4769 O.R. 501 & 4922 O.R. 461 5' WIRE CLEARANCE EASEMENT, 4922 O.R. 461
ABUTTER'S RIGHTS RELINQUISHED, N544 O.R. 2046
2'x25' ANCHOR EASEMENT, 4818 O.R. 68 & 4922 O.R. 468
18 19
20 22
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
23 21
43 44
46 47
48 49
42 1
3 4
5 6
7 8
9 10
11 12
13 14
15 2
17 16
5' NITROGEN PIPELINE, G906 O.R. 545 50
NOT USED45
10' PG&E & PACIFIC TELEPHONE POLE LINE
EASEMENT, 6512 O.R. 353
PUBLIC UTILITY EASEMENT, 121 MAPS 40,
MODIFIED BY DN. 13702085
5' WIRE CLEARANCE EASEMENT, 121 MAPS 40,
MODIFIED BY DN. 13702085
B) 10' STREET UTILITY EASEMENT INSTRUMENT NUMBER 137608786 14 A) 20' PUBLIC UTILITIES EASEMENT, 6805 O.R. 6
B) 5' WIRE CLEARANCE EASEMENT, 6805 O.R. 6
Exhibit B
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255 SHORELINE DRIVESUITE 200REDWOOD CITY, CA 94065(650) 482-6300www.bkf.com TREE
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