Subject: PUBLIC
STREET VACATION OF PORTIONS OF FONTANOSO AVENUE AND PIERCY ROAD
COUNCIL DISTRICT: 2
SNI AREA: N/A
Adoption of a resolution of intention to vacate portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road; reserving a public service easement; and setting a public hearing on September 4, 2001 at 1:30 p.m. CEQA: Exempt.
Electroglas, Inc., developer of the adjacent property, has submitted an application for the vacation of portions of Fontanoso Avenue and Piercy Road. This vacation is a condition of approval of site development permit HSH97-12-111, for the construction of industrial buildings on the adjacent parcel.
Staff has determined that these portions of Fontanoso Avenue and Piercy Road are not needed presently or in the future for public street purposes. The new Silver Creek Valley Road and a new replacement segment of Piercy Road adequately replace these portions of old Fontanoso and old Piercy. All concerned utility companies have consented to the street vacation provided that a public service easement is reserved. Therefore, the entire area proposed for vacation will be reserved as a public service easement (PSE).
The title report issued by First American Title Guaranty Company, dated February 17, 1999, indicates that the area to be vacated is an easement for street purposes and that a number of entities own the underlying fee. Upon recordation of the vacation, the area vacated will no longer be subject to the easement for street purposes. The City does have a fee interest in a portion of the vacated area and this portion will become a City surplus property.
The action required for the vacation of the subject right-of-way is:
August 7, 2001 at 1:30 p.m.: Council considers the adoption of a resolution of intention which:
1. Declares its intention to vacate the subject portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road, reserving a public service easement;
2. Sets a public hearing for September 4, 2001 at 1:30 p.m.;
3. Directs the City Clerk to file the vacation map and advertise said public hearing; and
4. Directs the Director of Public Works to post the site with Notices of Public Hearing.
September 4, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which vacates the subject portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road, reserving a public service easement.
The public was afforded the opportunity to comment on the adjacent development proposal during the planning approval process. The proposal included the requirement to vacate these portions of Fontanoso Avenue and Piercy Road. In addition, the Planning Commission held a public hearing on this vacation proposal which afforded the public another opportunity to provide input and commentary.
The required resolution has been reviewed by the City Attorney's Office. The vacation has been coordinated with the appropriate public utility companies and the Planning Commission has approved the vacation.
Exempt.
RAJEEV BATRA
Acting Director, Public Works
Department