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 at 2241 N. Fairview Street.

BACKGROUND

The applicant, Tim Tilton, is requesting to vacate a portion of a public utility easement for the purposes of constructing a garage (Exhibit A).  The proposed Resolution will vacate a portion of a Public Utility Easement affecting the easterly 2� feet of the westerly 7� foot easement along the westerly boundary of 2241 N. Fairview Street (V-361).

ANALYSIS

Public service easements are use restrictions that are acquired for public entities by dedication or otherwise for street, utility or highway purposes affecting public or private property.  The vacation process removes the public�s right to use a street, highway or public service easement. This is separate from encroachment agreements which are used for any structure or object, temporary or permanent in nature, which extends on, in, over or under any City owned property including streets, alleys, easements, sidewalks, and public rights of way.  A daily fee is calculated and applied for the use of such City owned property.  The City has the legal right to revoke an encroachment agreement at any time upon issuing 30 days advance notice. 

The proposed resolution will summarily vacate a portion of the existing 7� foot public utility easement affecting the property at 2241 N. Fairview Street.  Both the Public Works Department and Burbank Water & Power have determined that the easterly 2� feet are not necessary, and that the remaining five-foot easement is sufficient in size to contain the utilities and provide adequate access.  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 B.  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:

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, the easterly 2� feet of the westerly 7� foot public utility easement has not been used for over five years.  Therefore the vacation 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.

EXHIBITS

Exhibit A          Map V-361

Exhibit B          Comments from City Departments and outside public utilities

Exhibit C          Application for Public Easement Vacation

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