Subject: PUBLIC
STREET VACATION OF PORTIONS OF FONTANOSO AVENUE AND PIERCY ROAD
COUNCIL DISTRICT: 2
SNI AREA: N/A
Public hearing and adoption of a resolution vacating
portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek
Valley Road and,
reserving a public service easement over the vacated portions. CEQA:
Exempt.
Electroglas, Inc., the developer of an the adjacent
property, has submitted an application for the vacation of portions of
Fontanoso Avenue and Piercy Road. This
vacation is a condition of approval of site development permit HSH97-12-111,
for the construction of industrial buildings on the adjacent parcel.
On August 7, 2001, the City Council adopted a resolution which declared the Council’s intention to vacate these portions of Fontanoso Avenue and Piercy Road. The resolution approved a map showing the subject right-of-way proposed to be vacated, set the public hearing for September 4, 2001 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 these portions of Fontanoso Avenue and Piercy Road are not needed presently or in the future for public street purposes. The new Silver Creek Valley Road and a new replacement segment of Piercy Road adequately replace these portions of old Fontanoso and old Piercy. All concerned utility companies have consented to the street vacation provided that a public service easement is reserved. Therefore, the entire area proposed for vacation will be reserved as a public service easement (PSE).
The title report issued by First American Title Guaranty
Company, dated February 17, 1999 indicates the City holds an easement for street purposes over
that the area portions of the
streets to be vacated is an easement for street purposes and
that a number of entities own the the underlying fee title to the property
underlying the portions of the streets to be vacated. Upon recordation of
the vacation, the area vacated will no longer be subject to the easement for
street purposes. The City of San José
does have a fee interest in a portion of the vacated area and that portion will
become a City surplus property.
No new information regarding this vacation has been received since the August 7, 2001 Council meeting.
The public was afforded the opportunity to comment on the adjacent development proposal during the planning approval process. The proposal included the requirement to vacate these portions of Fontanoso Avenue and Piercy Road. In addition, the Planning Commission held a public hearing on this vacation proposal which afforded the public another opportunity to provide input and commentary.
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.
Exempt.
RAJEEV BATRA
Acting Director, Public Works Department