Subject: RESOLUTION TO VACATE A PORTION OF THE WEST SIDE OF SIXTH STREET
COUNCIL DISTRICT: 3
SNI AREA:
Spartan/Keyes
Conduct a public hearing and adopt a resolution vacating a portion of the west side of Sixth Street between Martha and Bestor Streets and reserving a public service easement.
JSM Enterprises, developer of the project site, has submitted an application for the vacation of approximately 16-feet of public street on the west side of Sixth Street between Martha and Bestor Streets. This vacation is a condition of approval for the construction of 191 multi-family attached units on the adjacent parcel.
On March 25, 2003, Council will adopt a resolution, which declares the Council’s intention to vacate this portion of Sixth Street between Martha and Bestor Streets. The resolution approves a map showing the subject right-of-way proposed to be vacated, set a public hearing for April 15, 2003 at 1:30 p.m. and directed the Director of Public Works to post the site with a Notice of Vacation.
Staff has determined that this portion of Sixth Street is not needed as a public street. This segment of Sixth Street has experienced high-speed traffic. This street vacation creates as 40-foot traveled way which will discourage traffic from speeding on Sixth Street.
Title reports issued by Chicago Title Company, dated May 15, 2000, indicate that the City of San José holds fee title to the portion of Sixth Street to be vacated.
Upon vacation, City staff will initiate all necessary actions for the City to grant to the adjacent property owner all of the City’s interest in the vacated portion at fair market value as determined by Council.
No new information regarding this vacation has been received since the March 25, 2003 Council meeting.
All concerned utility companies have been contacted in writing and have no objection to this vacation on the condition that the public service easement is reserved.
The required resolution has been reviewed by the City Attorney’s Office. The vacation has been coordinated with the appropriate utility companies and the Planning Commission has approved the vacation. This memo has been coordinated with the Department of Planning, Building and Code Enforcement and the City Manager’s Budget Office.
COST
IMPLICATIONS
Vacating the City right-of-way is in alignment with the Council approved Budget Strategy Expenditure Control Strategy by eliminating a City maintenance obligation and liability in the public right-of-way.
Negative declaration, PDC98-10-078.
KATY ALLEN
Director, Public Works Department