Subject: SUMMARY VACATION OF UTILITY EASEMENTS ON EIGHTH AND MISSION STREETS
COUNCIL DISTRICT: 3
Adoption of a resolution summarily vacating the Public
Utility Easements that were reserved with the vacations of portions of Eighth and Mission Streets by
City Council Resolution
Nos. 58046 and 56801 respectively.
CEQA: ND.
BACKGROUND
An
application for the vacation of portions of public utility easements (PSEs) located on Eighth and Mission Streets has been submitted by
Regis Homes of Northern California.
This vacation is pursuant to Planned Development Number PD00-09-077,
which required the vacation of the Public Utility Easement onPSEs on Eighth and Mission Streets.
These
PSEs were reserved when portions
of Eighth and Mission
Streets were vacated by Council
action on Resolution
No. 58046 with reservations of public service easements.December
8, 1984 and June 28, 1983 respectively.
Upon vacation of
these portions of Public interest in the vacated portion of Eighth and Mission Streets, has been
fully eliminated by the recordation of a street vacation the underlying fee became
unencumbered by the public street easement and available for use by the owner
subject to the reserved PSEs. This
segment of Eight and Mission Streets is unimproved and there has been no
expenditure of public funds on this section during the last five years PSEs
may be summarily vacated when the easement has been superseded by relocation and there
are no other public facilities within the easement. There are
no public utilities located in the subject area since In this case, the PSEs have been superceded
by relocation as all utilities have been relocated to an easement located on
the adjacent property to the west within the Pavona Apartments driveway and
parking areas. There are no other public facilities within the
PSEs. The Streets & Highway
code allows for a summary vacation when the PSE has been superseded by
relocation and there are no other public facilities located within the easement
as is the case here.
There have been numerous public hearings regarding various PD Rezonings in the vicinity. These rezonings were designed considering the fact that the Public Utility Easement would be vacated. The public has had the opportunity to view and comment on the various PD Rezonings and subsequent tract subdivisions in the neighborhood.
The
required resolution has been reviewed by the City Attorney's Office. All necessary coordination has been
completed.
Negative Declaration.
RAJEEV BATRA
Acting Director, Public Works Department