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 utility easement located on the property located at 3309 and 3310 Brookshire Court.

BACKGROUND

The applicant, Cayman Burbank LP, a residential developer, is requesting to vacate the subject utility easement area which coincides with a new utility easement to accommodate construction of two homes for sale.  The new easement has been recorded.  Cayman Burbank filed a tract map in 1991 and secured City approval for the new subdivision in 1997.  Subsequently, as a result of a hill slide on an adjacent parcel, a lot line adjustment was filed in 2001 for the remaining lots thus requiring relocation of the utility easement.   The proposed resolution will consider vacation of the existing utility easement to coincide with the newly redesigned access road and placement of the new utility easement within the new road (Exhibit A).

ANALYSIS

Public service easements (including utility easements) are use restrictions that are acquired for public entities by dedication, prescription 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 for public purposes when the need for such easement right no longer exists.

This is separate from encroachment permit or agreement requests 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 for encroachment permits as per the Fee Resolution, while encroachment agreements can be approved by City Council action with or without monetary compensation.  In both cases, the City has the legal right to revoke an encroachment permit or an encroachment agreement at any time upon issuing 30 days advance notice. 

The proposed resolution will summarily vacate the utility easement.   The proposed vacation has been submitted to all appropriate City departments and outside public utilities companies.  Copies of the written comments that have been received from each department have 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 second procedure, 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 the easement. Accordingly, all public and private utilities which were located within the easement area have been relocated and there are not other public facilities located within the easement.  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 to summarily vacate the public utility easement at 3309 and 3310 Brookshire Court.

EXHIBITS

Exhibit A          Map V-377 and Application for Public Easement Vacation

Exhibit B          Comments from City Departments and outside public utilities

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