Laserfiche WebLink
6.3.B. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> October 26, 2015 <br /> SUBJECT <br /> Summary Vacation of Public Utility Easement on the property having the address 899 <br /> Broadway. <br /> RECOMMENDATION <br /> Adopt a Resolution, summarily vacating the Public Utility Easement located on the <br /> property having the address 899 Broadway. <br /> BACKGROUND <br /> The property owners have requested that the City vacate its interest in the easement <br /> because the existing building has been determined to be located within the easement <br /> area. Furthermore, there are no public utilities in the easement area and the City would <br /> like to relinquish any potential maintenance responsibilities for maintaining the <br /> easement. <br /> ANALYSIS <br /> The City's interest in a Public Utility Easement was offered for dedication as part of the <br /> Redwood Industrial Tract No.1 Subdivision, however it was never accepted by the City. <br /> The offer of dedication still stands if the City would like to use the easement at a future <br /> date, and so the Owner has requested the City vacate its interest in the easement. The <br /> City does not have any need for use of the easement area, and so the City's interest <br /> should be removed to avoid any misunderstandings of maintenance responsibilities for <br /> the easement area. The easement area consists of a 50 foot wide easement along the <br /> southerly boundary of the site, and a 6 foot wide easement along the easterly boundary <br /> of the site. <br /> The Streets and Highway Code Section 8330 authorizes the vacation of public utilities <br /> easements, by a resolution of City Council. Summary vacation is permitted here under <br /> Section 8333 because of the following: the easement has not been used for the <br /> purpose for which it was dedicated or acquired for five consecutive years immediately <br /> preceding the proposed vacation; the date of dedication or acquisition is less than five <br /> years, and more than one year, immediately preceding the proposed vacation, and the <br /> easement was not used continuously since that date; and the easement has been <br /> determined to be excess by the City, and there are no other public facilities located <br /> within the easement. <br /> Page 1 of 2 <br />