Subject: SILVER CREEK ROAD STREET VACATION
COUNCIL DISTRICT: 8
SNI AREA: N/A
Adoption of a resolution of intention to vacate the roadway easement along Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road, reserving a public service easement over the area, and setting a public hearing on November 27, 2001 at 1:30 p.m. CEQA: Resolution No. 61784.
Cerro Plata Associates has submitted an application for the vacation of Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road as shown on the attached map. This vacation is a condition of approval for the construction of a 550-unit residential development and an 18-hole golf course on 578 gross acres.
A title report issued by First American Title Guaranty Company, dated December 19, 2000,
indicates that fee title for this area of Silver Creek Road to be vacated is held as follows:
Parcel One: Ryland Homes of California Inc. and Cerro Plata Associates;
Parcel Two: City of San José;
Parcel Three: Ryland Homes of California Inc. and Cerro Plata Associates, LLC.
Staff has reviewed the request for vacation and has determined that this portion of Silver Creek Road is not needed as a public street now or in the future. A new roadway alignment (Silver Creek Valley Road) has been constructed to accommodate traffic in this area. The area proposed for vacation will be reserved as a public service easement (PSE). All concerned utility companies have consented to the street vacation with the reservation of a PSE. This vacation will just remove the easement for public street purposes on all three parcels. Upon vacation, City staff will initiate all necessary action for the City to dispose of all the City’s interest in the vacated portion of Parcel Two at fair market value as determined by the City Council.
The actions required for the vacation of the subject right-of-way are:
November 6, 2001 at 1:30 p.m.: Council considers the adoption of a resolution of intention which:
1. Declares its intention to vacate the subject portion of Silver Creek Road;
2. Sets a public hearing for November 27, 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 a Notice of Public Hearing.
November 27, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which vacates the public portion of Parcels 1, 2 and 3 of Silver Creek Road.
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.
Cerro Plata EIR Resolution No. 61784.
RAJEEV BATRA
Acting Director, Public Works Department