Subject: PUBLIC
SERVICE EASEMENT VACATION
COUNCIL DISTRICT: 5
Adoption of a resolution of intention to vacate portion of the public service easement (PSE) on Lots 1 and 5 of Tract No. 9257 on Fleming Avenue across Mahoney Avenue, and setting a public hearing on August 7, 2001 at 1:30 p.m. CEQA: ND
Civil Engineering Associates has submitted an application for the vacation of a portion of a public service easement on Lots 1 and 5 of Tract No. 9257 on Fleming Avenue across Mahoney Avenue. This vacation is a condition of approval of the Building Permit for the construction of a single family residence on Lots 1 and 5. The foundation for the porch on Lot 1 encroaches 4 feet into the PSE and the overhang for the porch on Lot 5 encroaches 2 feet into the PSE. The porches on this tract are required architectural details for the approved Planned Development permit, which makes the residences compatible with the surrounding design.
According to the title reports submitted, fee title is held by Santa Clara Development, a California Corporation.
Currently, there are no utility facilities located in the easement. All concerned utility companies have consented to the vacation of the portion of the easement on Lots 1 and 5 of Tract No. 9257.
Once the easement is vacated the property will no longer be encumbered by the easement and no further action by the City will be required to allow the developer to use the area.
The actions required for the vacation of the subject easement are:
June 19, 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 the easement to be vacated;
2. Sets a public hearing August 7, 2001 at 7:00 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.
August 7, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which vacates the subject portions of the Public Service Easement for Lots 1 and 5.
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.
Negative Declaration.
RAJEEV BATRA
Acting Director, Public Works Department