The purpose of this report is to provide information to the City Council to consider the adoption of a resolution to summarily vacate a portion of the Public Utility Easement located at 220 N. Valley Street.

The applicant, John Safri, is requesting to vacate a portion of a Public Utility Easement (P.U.E.) affecting the westerly 2.5 feet of the easterly 7.5 foot easement along the easterly boundary of the property located at 220 N. Valley, for the purposes of future construction.

The proposed resolution will summarily vacate a portion of the existing 7.5 foot public utility easement. Both the Public Works Department and Burbank Water & Power have determined that the westerly 2.5 feet are not necessary, and that the remaining five-foot easement is sufficient. The proposed vacation has been submitted to all appropriate City departments and outside public utilities companies. A copy of the written comments that have been received by each department has been included as Exhibit B. There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation. It has been determined that the remaining 5-foot easement would be sufficient in size to contain the utilities and provide adequate access.

The Streets and Highways Code, section 8333 provides two procedures for vacating public services easements. One procedure requires a public hearing unless at least one of the following three conditions is applicable:

1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
2. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
3. The easement has been superseded by relocation and there are no other public facilities located within the easement.

The Summary Vacation process differs from the normal vacation process in that a public hearing is not required. If one or more conditions, as stated above, are applicable, the Summary Vacation process may be used to vacate a portion of the easement. According to the Burbank Water and Power department (BWP), the easterly 2.5-foot portion of the P.U.E. has not been used for over five years. Therefore the vacation qualifies for the summary vacation process.

The summary vacation will have no fiscal impact on the City.

Staff recommends that the City Council adopt the proposed resolution.

Exhibit A Map V-352

Exhibit B Comments from City Departments and outside public utilities

Exhibit C Application for Public Easement Vacation

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