AgdaPkt 2002-02-11 - Laserfiche WebLink

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REPORT To the Honorable Mayor and City Council From the City Manager February 11,2002 Subject Summary Vacation of a portion of the Underground Public Utility Easement on 3636 & 3642 Haven Avenue - Engineering File No. 702-06 Recommendation Adopt a Resolution to vacate a portion of a 20-foot wide underground public utility easement on 3636 & 3642 Haven Avenue. Background In October 2001, a parcel map was recorded to combine 3636 Haven Avenue (APN# 055-162-050), and 3642 Haven Avenue (APN# 055-162-060)into a single lot (Lot No. 1 of Parcel Map No. 2001-3). At the same time, the owner of these properties, Carrera PRB Company, a Limited Partnership Company, requested that the City terminate the public right to ingress/egress a portion of the existing 20-foot wide public utility easement located on the properties for the purpose of installing and maintaining public utilities. The easement runs across the entire width of the newly formed Lot No. 1, as described in Exhibit "A" and depicted in Exhibit "B". The purpose of combining the properties and vacating the existing public utility easements, is to construct a new car dealership with sales and repair facilities, as well as an associated parking lot. The City and other utility companies do not have any utilities and facilities in this 20-foot easement, nor have any interest in preserving the easement for future public use. According to California State and Highway Code - Part 3 of Division 9, Subsection 8333(a): "The City may summarily vacate a public service easement if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation." Alternative Do not vacate the easement and the developer would have a restricted use of his property, while the City, or any other public agency that is entitled to use the easement, would not have benefit of the existing easement either.