Subject: SUMMARY VACATION OF PUBLIC SERVICE EASEMENT
AT 3550 CHARTER PARK DRIVE
COUNCIL DISTRICT: 7
Adoption
of a resolution summarily vacating the 5-foot wide Public Service Easement
lying on the westerly property line of 3550 Charter Park Drive.
BACKGROUND
An application for the vacation of this Public Service
Easement (PSE) has been submitted by Richard Gambord of Storage City, LLC. Storage City has constructed a new building encroaching
into this PSE, therefore, this encumbrance needs to be removed from their
property.
This PSE was created when the map for Tract 6906 was
recorded on November 13, 1980. Staff
has determined that the portion of this PSE lying on the westerly property line
of 3550 Charter Park Drive can be vacated without adverse effects. Pacific Gas
and Electric Company and Pacific Bell have quitclaimed their respective rights
to the PSE to Storage City LLC. In
addition, AT&T and San Jose Water Company have provided written
confirmation that they agree to this proposed vacation and do not require the
easement for their purposes. The
utility companies have both confirmed that this easement has not been used by them
for at least the last five years.
Upon recordation of this vacation, the PSE will be removed
from the subject property and no further action by the City will be required.
Not applicable.
COORDINATION
The resolution and
memo have been coordinated with the City Attorney’s Office.
COST IMPLICATIONS
Vacating the public service easement is in alignment with
the Council-approved Budget Strategy Expenditure Control Strategy section by
eliminating a City maintenance obligation and potential liability over the
public service easement.
CEQA
Not a project.
KATY ALLEN
Director, Public Works Department