To: HONORABLE MAYOR AND From: Katy Allen

CITY COUNCIL

Subject: PORTION OF O’NEL DRIVE AND Date: 11-24-03

SIDEWALK EASEMENT VACATION

Council District: 4

RECOMMENDATION

Adoption of a resolution of intention to vacate:

a) a portion of O’Nel Drive between Guadalupe Parkway and Karina Court and reserving a public service easement over the entire area,

b) the sidewalk easement on both sides of O’Nel Drive and reserving a public service easement over the entire area, and setting a public hearing on January 13, 2004 at 1:30 p.m.

CEQA: EIR pending

BACKGROUND

eBay Inc. has submitted an application for the vacation of a portion of O’Nel Drive including sidewalk easements on both sides of O’Nel Drive to be vacated between Guadalupe Parkway and Karina Court. This vacation is a condition of approval of Planned Development Permit No. H03-039 for the construction of a 2,000,000 square foot eBay campus development.

According to the title report submitted, fee title is held by eBay Inc., a Delaware corporation.

ANALYSIS

Staff has determined that this portion of O’Nel Drive is not needed as public street and the sidewalk easements on both sides of O’Nel Drive are not needed as public sidewalks. The areas proposed for vacation will be reserved as public service easements (PSE). All concerned utility companies have consented to the street vacations with the reservation of a PSE.

Title reports issued by First American Title, dated August 24, 2003, indicate that eBay Inc., a Delaware Corporation, holds fee title to the portion of O’Nel Drive and the sidewalk easements to be vacated.

The actions required for the vacation of the subject right-of-way are:

December 16, 2003 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 O’Nel Drive and the sidewalk easements;

2. Sets a public hearing January 13, 2004 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.

January 13, 2004 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which vacates the subject portions of O’Nel Drive and the sidewalk easements.

PUBLIC OUTREACH

The public was afforded the opportunity to comment on the vacation during the planning process. In addition, the Planning commission considered and approved this vacation proposal which had given the public another opportunity to provide input and comments.

COORDINATION

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.

COST IMPLICATIONS

Th Public Works Department collected permit fees in the amount of $2,472 to process the easement vacation.

CEQA

EIR pending

KATY ALLEN

Director, Public Works Department