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REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />March 13, 2017 <br /> <br />SUBJECT <br />Summary Vacation of Public Service Easement on the property having the address <br />1553 El Camino Real <br /> <br />RECOMMENDATION <br />Adopt a Resolution summarily vacating the Public Service Easement located on the <br />property having the address 1553 El Camino Real <br /> <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. The easement appears to have been left on the subdivision map in error. <br />Furthermore, there are no public utilities in the easement area and the City would like to <br />relinquish any potential maintenance responsibilities for maintaining the easement. <br /> <br />ANALYSIS <br />The City offered to remove its interest in a Public Service Easement as part of the One <br />Maple Street Subdivision. A building is located on top of the easement and the record <br />drawings show no utilities located within this easement. Because of this the Owner has <br />requested the City vacate its interest in the easement. The City does not have any need <br />for use of the easement area, and so the City’s interest should be removed to avoid any <br />misunderstandings of maintenance responsibilities for the easement area. The <br />easement area consists of an approximately 14 foot wide easement along the <br />northeasterly boundary of the site. <br /> <br />Streets and Highways Code Requirements <br /> <br />Streets and Highways Code Section 8333 authorizes the summary vacation of public <br />service easements where the easement has not been used for the purpose for which it <br />was dedicated or acquired for five consecutive years immediately preceding the <br />proposed vacation; or where the easement has been determined to be excess by the <br />City, and there are no other public facilities located within the easement. Here, either <br />circumstance applies and therefore a summary vacation is appropriate. While Section <br />8334.5 prohibits vacation of a public service easement if there are in-place public utility <br />facilities that are in use and would be affected by the vacation, there are no public <br />utilities present in the easement area. Also, under Sections 8314 and 892, the public <br />6.3.A. - Page 1