To: HONORABLE MAYOR AND From: Katy Allen

CITY COUNCIL

Subject: SEE BELOW Date: 11-17-03

Council District: 6

Subject: SUMMARY VACATION OF THE INGRESS, EGRESS AND UTILITIES EASEMENT AT 1848 EVANS LANE

RECOMMENDATION

Adoption of a resolution summarily vacating the entire 30 foot wide Ingress and Egress Easement and the Public Service and Utility Easement (PSUE) lying within the parcels located at the southeast corner of Evans Lane and Highway 87, also known as 1848 Evans Lane.

CEQA: Mitigated Negative Declaration, PDC02-068.

BACKGROUND

An application for the vacation of the Ingress and Egress Easement and the PSUE has been submitted by Charles W. Davidson, engineer, on behalf of property owner JSM Enterprises. This vacation is necessary to facilitate the construction of 239 multi-family residential units approved under Planned Development Permit PD02-068.

ANALYSIS

This easement was created when the parcel map to subdivide the subject site into two lots was recorded in 1994. Staff has determined that the easement lying within the parcels can be vacated without adverse effects.

Staff has also confirmed that this easement has not been used for the purpose for which it was originally acquired, for at least the last five years, which then allows for this summary vacation.

Upon recordation of the vacation resolution, the Ingress and Egress Easement and the PSUE will be removed from the subject property and no further action by the City would be required.

PUBLIC OUTREACH

All utility companies having rights to the PSUE have provided written confirmation that they agree to this proposed vacation.

COORDINATION

The required resolution and memo have been reviewed by the City Attorney’s Office. The vacation has been coordinated with the appropriate public utility companies and the Planning, Building and Code Enforcement Department.

COST IMPLICATIONS

Vacating the Ingress and Egress Easement and the PSUE are in alignment with the Mayor’s Budget Strategy Expenditure Control section because any cost associated with the elimination of the easements will be completed with outside funding.

CEQA

Mitigated Negative Declaration, PDC02-068.

KATY ALLEN

Director, Public Works Department