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Home My WebLink AboutItem 4.15 - 1229 Vacation of Easement Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 15, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Summary Vacation of an Unused Public Utility Easement Located at 7601 Amador Valley Boulevard (Avesta Development Group, LLC) Prepared by: Andrew Russell, City Engineer EXECUTIVE SUMMARY: Avesta Development Group, LLC is requesting a Summary Vacation of a 10 -foot wide Public Utility Easement (PUE) crossing the parcel located at 7601 Amador Valley Boulevard. No utilities are currently located within the PUE. The PUE has also not been occupied by any public service facility for at least the past five consecutive years. STAFF RECOMMENDATION: Adopt a Resolution Summarily Vacating an Unused 10-Foot Wide Public Utility Easement Located at 7601 Amador Valley Boulevard. FINANCIAL IMPACT: There will be no financial impact to the City. The cost associated with the Summary Vacation of the Public Utility Easement will be paid for by Avesta Development Group, LLC. DESCRIPTION: In 1960, the Final Map for Tract 2162 dedicated a 10 -foot wide Public Utility Easement (PUE) across the parcel located at 7601 Amador Valley Boulevard. Avesta Development Group, LLC, on behalf of the property owner, wishes to s ummarily vacate the PUE in order to remove the existing encumbrance and to allow for future development on the parcel. Rationale for Vacation Section 8333(a) of the California Streets and Highways Code allows a summary vacation of a public service easement when “the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately Page 2 of 2 preceding the proposed vacation.” The subject PUE was dedicated in 1960 to allow for the construction and maintenance of utility pole lines and their appurtenances. For more than five consecutive years preceding its proposed vacation, the PUE has not contained utility pole lines or any other public service facility. General Plan Consistency The proposed vacation of the unused public utility easement is consistent with the General Plan and Downtown Dublin Specific Plan in that removing the easement will enable the re-use of the site and the placement of building(s) in accordance with these two policy documents. The vacation of the easement itself does not allow development to take place, but it will allow greater flexibility and more thoughtful site planning for uses that are consistent with both the General Plan and the development standards and design guidelines of the Downtown Dublin Specific Plan. ENVIRONMENTAL REVIEW: This vacation is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, Existing Facilities. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The California Streets and Highways Code does not require public notice of this summary vacation. All utility companies providing service in the project area have been notified of the proposed vacation. No comments have been received to date. ATTACHMENTS: 1. Resolution Summarily Vacating an Unused 10-Foot Wide Public Utility Easement Located at 7601 Amador Valley Boulevard 2. Exhibit “A” to Resolution, Legal Description & Plat of Public Utility Easement RESOLUTION NO. - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * SUMMARILY VACATING AN UNUSED 10-FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED AT 7601 AMADOR VALLEY BOULEVARD WHEREAS, Section 8333 of the California Streets and Highways Code provides for the summary vacation of public service easements; and WHEREAS, Avesta Development Group, LLC requests to summarily vacate a 10-foot wide Public Utility Easement crossing the parcel located at 7601 Amador Valley Boulevard, as depicted on Exhibit “A” to this resolution; and WHEREAS, the Public Utility Easement was dedicated to the public on August 23, 1960 with the Final Map for Tract 2162, Book 42, Pages 50 -52 in the Alameda County Official Records; and WHEREAS, Subsection (a) of Section 8333 of the California Streets and Highways Code authorizes the City Council to summarily vacate a public service easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; NOW, THEREFORE, BE IT RESOLVED that the City Council finds that A) There are no known public facilities or utilities located within the Public Utility Easement to be vacated. The easement has not b een used for the purpose for which it was dedicated or acquired for at least five consecutive years immediately preceding the proposed vacation. All utility companies providing service in the project area have been notified about the proposed vacation and have not objected. B) The vacation of the Public Utility Easement is in conformance with the City’s General Plan. C) The proposed vacation of the Public Utility Easement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations, CEQA Guidelines Section 15301 , Existing Facilities. BE IT FURTHER RESOLVED that based on the findings made and the provisions of Section 8333 of the Streets and Highways Code, the City Council orders that the ten-foot wide Public Utility Easement at 7601 Amador Valley Boulevard, as shown on Exhibit “A,” is summarily vacated. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit a certified copy of this resolution to be recorded in the office of the County Recorder of Alameda. PASSED, APPROVED AND ADOPTED this 15th day of November, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: _________________________________________ City Clerk NEWALBION SURVEYS, INC dba ALBION SURVEYS CONSULTING LAND SURVEYORS 1113 Hunt Ave St. Helena, CA 94574 EXHIBIT "A" (707) 963- 12170FAX (707) 963 -1829 "-il: dsulamoalblonsurveVs.com Job# 3714 TO RESOLUTION February 19, 2016 DESCRIPTION PORTION OF 10' PUBLIC UTILITY EASEMENT (PUE) PER 42 MAPS 50, ALAMEDA COUNTY RECORDS TO BE QUITCLAIMED WHITNEY INVESTMENTS — 7601 AMADOR VALLEY ASSOCIATES PROPERTY, LOT 2 AS DESCRIBED IN DOCUMENT NO. 1991 - 306357 THAT PORTION OF 10' PUBLIC UTILITY EASEMENT (PUE) AS SHOWN ON THE MAP OF TRACT 2162 FILED AUGUST 23, 1960 IN BOOK OF 42 MAPS AT PAGE 50 IN THE OFFICE OF THE RECORDER OF ALAMEDA COUNTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, THAT LIES WITHIN THAT PARCEL OF LAND DESCRIBED AS "LOT 2" IN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT FILED FOR RECORD UNDER INSTRUMENT NUMBER 1991 - 306357 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF ALAMEDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERN CORNER OF SAID "LOT 2 "; THENCE ALONG THE NORTHWESTERN LINE THEREOF SOUTH 69 006'49" WEST 176.95 FEET TO THE NORTHEASTERLY LINE OF SAID PUE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID NORTHWESTERN LINE, ALONG SAID NORTHEASTERLY LINE SOUTH 20 053'11" EAST 206.11 FEET TO A POINT ON THE SOUTHEASTERN LINE OF SAID "LOT 2 "1 SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 554.00 FEET AND THE RADIAL CENTER OF WHICH BEARS SOUTH 52 004'48" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERN LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 00 036'23" AN ARC DISTANCE OF 5.86 FEET AND ALONG A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 06 031'32" AN ARC DISTANCE OF 5.69 FEET TO THE SOUTHERLY CORNER OF SAID PUE; THENCE LEAVING SAID SOUTHEASTERN LINE, ALONG THE SOUTHWESTERLY LINE OF SAID PUE NORTH 20 °53'11" WEST 211.89 FEET TO SAID NORTHWESTERN LINE OF SAID "LOT 2 "; THENCE ALONG SAID NORTHWESTERN LINE NORTH 69 006'49" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. 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