Recorded at no charge in accordance with
Streets & Highways Code Section 8336 at
the request of and when recorded return to:
City of Palo Alto
Real Estate Division
250 Hamilton Avenue
Palo Alto, CA 94301
SPACE ABOVE LINE FOR RECORDER’S USE
A PN: 127-010-094
Address: 1036 East Meadow Circle
Palo Alto, CA 94303
SUMMARY VACATION
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT AT 1036 EAST MEADOW CIRCLE, PALO ALTO, CA
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement in any of the following cases:
(a) the
easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date , (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1036 East Meadow Circle , Palo Alto, CA 94303, for public utility purposes , dated November 21, 1960, in Book 4988 of Official Records, page 543; and
WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that the public utilities easement located on the property at 1036 East Meadow Circle, Palo Alto, CA 94303 is excess and can be superseded by relocation; and
WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portions of public service easement as more particularly described in the following Exhibits:
• Exhibit “A-1” attached to this resolution and depicted on the plat map attached as Exhibit “A-2”,
• Exhibit “B-1” attached to this resolution and depicted on the plat map attached as Exhibit “B-2”, and
• Exhibit “C-1” attached to this resolution and depicted on the plat map attached as Exhibit “C-2”; and
NOW, THEREFORE, the City Council does hereby 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 8333 et. seq.
1. The public service easement described herein on Exhibit s “A -1”, “B -1”, “C -1” and depicted in the plat maps attached as Exhibits “A-2”, “B-2”, and “C-2” are excess; and
2. Have been superseded by relocation.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the portion of public service easement as shown on the said Exhibits “A-1”, “A-2”, “B-1”, “B- 2”, “C-1”, and “C-2” shall be summarily vacated.
SECTION 3. The City Clerk , acting by and through the Real Property Manager, is hereby directed to record at the Santa Clara County Clerk -Recorder’s Office a certified copy of this Resolution, including the Map.
SECTION 4. The portion of public service easement for utilities and incidental purposes described in Exhibits “A-1”, “B-1”, “C-1” and depicted in the plat maps attached as Exhibits “A-2”, “B-2”, and “C-2” will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.
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SECTION 5. Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Deputy City Attorney City Manager
____________________________
Director of Administrative Services
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 December 08, 2022
BKF No 20120226
EXHIBIT “A-1”
LEGAL DESCRIPTION
PUE EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11 , 2013, as document no. 22298408, official records of Santa Clara County, described as follows:
Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21 , 1960, in Book 4988, at page 543, official records of Santa Clara County, being more particularly described as follows:
Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26’21” East, 329.13 feet to the Point of Beginning of this description; Thence continuing along last said line, North 09°26’21” East, 12.22 feet; Thence leaving said northwesterly line, South 45°28’43” East, 404.17 feet; Thence South 71°39’43” East, 103.87 feet to the southeasterly line of said parcel; Thence along said southeasterly line, South 46°59’01” West, 11.39 feet; Thence leaving said southeasterly line, North 71°39’43” West, 100.73’; Thence North 45°28’43” West, 399.47 feet to the Point of Beginning.
Containing an area of 5,041 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.
_ 12/8/2022
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
PORTION OF 10' PUE TO BE VACATED
(PORTION OF PARCEL D)
(4988 O.R. 543)AREA = 5,041 S.F.
E A S T M E A D O W C I R C L E
POINT OFCOMMENCEMENT
N09°26'21"E
329.13'
POINT OFBEGINNING
N45°28'43"W 399.47'
N09°26'21"E
12.22'
S45°28'43"E 404.17'
S71°39'43"E
103.87'S46°59'01"W
11.39'
N71°39'43"W
100.73'
JOB NO.
SUBJECT
OF
BYAPPR. DATE
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINESUBJECT EASEMENT LINEADJACENT LOT LINESEASEMENT AREA M
MAPS
O.R.
OFFICIAL RECORDS
S.F.
SQUARE FEET
PUE
PUBLIC UTILITY EASEMENT
EXHIBIT A-2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 December 8, 2022
BKF No 20120226
EXHIBIT “B-1”
LEGAL DESCRIPTION
ANCHOR EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document no. 22298408, official records of Santa Clara County, described as follows:
Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21, 1960, in Book 4988, at page 543, official records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows:
Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26’21” East, 335.24 feet;
Thence South 45°28’43” East, 401.82 feet to the Point of Beginning of this description; Thence North 71°39’43” East, 25.00 feet.
Containing an area of 125 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act. _ 12/8/2022 David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
5' ANCHOR EASEMENT TO BE QUITCLAIMED
(PORTION OF PARCEL D)
(4988 O.R. 543)AREA = 125± S.F.
E A S T M E A D O W C I R C L E
S45°28'43"E401.82'
S45°28'43"E
25.00'
POC
POB
N09°26'21"E
335.24'
JOB NO.
SUBJECT
OF
BYAPPR. DATE
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINESUBJECT EASEMENT LINEADJACENT LOT LINESEASEMENT AREA M
MAPS
O.R.
OFFICIAL RECORDS
S.F.
SQUARE FEET
EXHIBIT B-2
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 December 08, 2022
BKF No 20120226
EXHIBIT “C-1”
LEGAL DESCRIPTION
ANCHOR EASEMENT QUITCLAIM
All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document no. 22298408, official records of Santa Clara County, described as follows:
Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21, 1960, in Book 4988, at page 543, official records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows:
Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26’21” East, 335.24 feet;
Thence South 45°28’43” East, 401.82 feet to the Point of Beginning of this description; Thence North 71°39’43” East, 25.00 feet.
Containing an area of 125 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B.
This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act.
_ 12/8/2022
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
5' ANCHOR EASEMENT TO BE QUITCLAIMED
(PORTION OF PARCEL D)
(4988 O.R. 543)AREA = 125± S.F.
E A S T M E A D O W C I R C L E
S45°28'43"E401.82'
POC
POB
N09°26'21"E
335.24'
N71°39'43"W
25.00'
JOB NO.
SUBJECT
OF
BYAPPR. DATE
255 SHORELINE DR.,
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
LEGEND
SUBJECT LOT LINESUBJECT EASEMENT LINEADJACENT LOT LINESEASEMENT AREA M
MAPS
O.R.
OFFICIAL RECORDS
S.F.
SQUARE FEET
EXHIBIT C-2