PURPOSE

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 within the previously vacated alley between Third Street and San Fernando Boulevard along with a 5-foot Public Utility Easement (PUE) affecting Lot 3 of Tract 150 (124 S. San Fernando Boulevard), an Agency-owned property within Opportunity Site No. 2.  The vacations are necessary to convey the property to Olson Urban Housing, LLC for a mixed-use residential project known as Burbank Village Walk and to the Cusumano Real Estate Group for the Burbank Civic Plaza project, a 90,000 square foot mixed-use office complex across from City Hall.

BACKGROUND

On July 20, 1999, the City Council adopted a Resolution (Exhibit A) conditionally vacating alleys bounded by Olive Avenue, Third Street, Angeleno Avenue, and San Fernando Boulevard.  This vacation (V-325) included the north/south alley, 12 feet wide, between Third Street and S. San Fernando Boulevard, and the east/west alley, 15 feet wide, between the east/west alley and Angeleno Avenue (Exhibit B).  The east/west alley runs mid-block between the former Police headquarters property and South San Fernando Boulevard including a portion used as a paseo.

The two PUE�s being vacated by the proposed resolution (V-360) were not included in V-325 (Exhibit C).  The 15-foot PUE extending approximately 150-feet easterly to Third Street within the former east/west alley, is a remnant interest left over from a previous alley vacation required to construct the former police headquarters building (Exhibits D and E).  Now that the lot is vacant this remnant can be vacated.  At the time V-325 was adopted, the Agency did not own Lot 3 and the easement was a private easement needed to serve the building at 124 South San Fernando Boulevard and the Radio Shack building at 100 S. San Fernando Boulevard (Exhibits F and G).  The utility lines contained in a 5-foot PUE affecting the northeasterly portion of Lot 3 have been relocated and are no longer necessary.  

ANALYSIS

The proposed resolution will summarily vacate a total of two (2) PUE�s that currently affect the property bounded by Olive Avenue, Third Street, Angeleno Avenue and San Fernando Boulevard.  Both the Public Works Department and Burbank Water & Power have determined that the need for both PUE�s no longer exists and therefore could be removed.  The proposed vacation has been submitted to all appropriate City departments and outside public utility companies.  A copy of the written comments that have been received by each department has been included as Exhibit H.  There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation.

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:

(a)                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.

(b)               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.

(c)                The easement has been superseded by relocation and there are no other public facilities located within the easement.

If one or more conditions, as stated above, are applicable, the Summary Vacation process may be used to vacate a portion of the easement. The Summary Vacation process differs from the normal vacation process in that a public hearing is not required.  Both easements have been superseded by relocation and there are no other public facilities located with in any of the easement areas.  All pubic utilities have been removed and/or relocated from within both areas to be vacated.  Therefore, the vacation of both Public Utility Easements qualifies for the summary vacation process.

FISCAL IMPACT

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

RECOMMENDATION

Staff recommends that the City Council adopt the proposed resolution which vacates a portion of a 15-foot PUE and a 5-foot PUE on Redevelopment Agency-owned property bounded by Third Street, East Olive Avenue, South San Fernando Boulevard and Angeleno Avenue (Opportunity Site No. 2).

EXHIBITS

Exhibit A          Resolution No. 25,566

Exhibit B          Map V-325

Exhibit C          Map V-360

Exhibit D          Legal description of 15-foot PUE for proposed V-360

Exhibit E           Map of 15-foot PUE for proposed V-360

Exhibit F           Legal description for 5-foot PUE on Lot 3 for proposed V-360

Exhibit G          Map of 5-foot PUE on Lot 3 for proposed V-360

Exhibit H          Comments from City Departments and outside public utilities

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