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 a 52-foot wide Public Utility Easement located on the southerly half of Lot 142 of Tract 35035 (Exhibit A,B & C). The vacation is necessary to allow the abutting property owner at 3323 Clifden Lane, Mary Davis, to acquire the property from Cayman Burbank, L.P. and construct a six-foot high block wall.

BACKGROUND

On December 15, 1987, the City Council conditionally approved Tentative Tract Map No. 35035 to subdivide one-hundred and seventeen acres of hillside property in the foothills of the Verdugo Mountains, for future development of 129 single-family residences (Exhibit D).  The developer at the time, Cayman Development Company was required to provide emergency access from the subdivision to the existing roadway leading through the Villa Cabrini Debris Basin to Scott Road (Exhibit E).  When the final tract map was filed on October 21, 1991, the Developer created a 52-foot wide easement in favor of the City of Burbank for ingress/ egress purposes and named it a �future street�.  In 1997, the controlling entity of Tract 35035, including the subject property, was transferred from Cayman Development Company, a California corporation, Raymond J. Rutter and Melanie Rutter, husband and wife, to Cayman Burbank, L.P., a California limited partnership.

Upon completion of all grading activities, roadway construction and related infrastructure improvements (e.g. storm drains, catch basin, etc.), a 20-foot wide roadway was created with asphalt paving along the northerly side of Lot 142 of Tract 35035.  This roadway was constructed in accordance with the existing 20-foot wide roadway that currently leads through the Debris Basin to Scott Road, pursuant to the Conditions of Approval for Tentative Tract Map 35035 (# 85). 

As depicted in the attached photo the area to be vacated is currently improved as a dirt lot and there are no utility facilities located underground.  Crushed rocks have been installed over the subject area as a dust control measure and to reduce future weed growth.  Cayman Burbank, L.P.is the current owner of the subject property.  However the applicant, Mary Davis of 3323 Clifden Lane, is seeking to acquire the subject property from Cayman Burbank, L.P. and vacate a portion of the 52-foot wide easement in order to construct a six-foot high block wall and enlarge the size of her backyard.  The subject property to be vacated is approximately 2,885 square feet in size.

ANALYSIS

The proposed resolution will summarily vacate a portion of the Public Utility Easement that currently affects the abutting property to the north of 3323 Clifden Lane (Lot 142).  Both the Public Works Department and Burbank Water & Power Department have reviewed the applicant�s vacation request and have determined the need for a Public Utility Easement over the entire 52-foot wide parcel no longer exists and therefore could be removed.  However, the existing twenty-foot wide roadway would remain to provide access to the Debris Basin as well as to provide emergency access from the subdivision to Scott Road. 

The proposed vacation has been submitted to all appropriate City departments and outside public utility companies for review and comments.  There are no public utilities in the area to be vacated and staff has not received any objections to the proposed vacation.  A copy of all written comments has been included as Exhibit F.

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.

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.  The subject area to be vacated has not been used for the purpose it was dedicated for over five consecutive years.  The 52-foot wide ingress/egress easement was created on the Final Tract Map, which was recorded on Oct 21, 1991.  The area to be vacated has never been used since the easement was created.  Therefore, the subject vacation qualifies for the summary vacation process.

FISCAL IMPACT

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

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