Title
A resolution approving the summary vacation of public utility easements on the following properties: APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220 (216 Miller Avenue) to allow for development of the properties.
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WHEREAS, in order to facilitate a proposed development project, it is recommended that the City Council adopt a resolution approving the summary vacation of public utility easements (“Public Utility Easements”) on the following properties, APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220 (216 Miller Avenue) (“Cadence 2 Properties”); and
WHEREAS, the Public Utility Easements are shared between the City of South San Francisco (“City”) and private utility companies Pacific Gas & Electric (“PG&E”), American Telephone and Telegraph Company (“AT&T”), Comcast, and California Water Service (“CalWater”); and
WHEREAS, the Public Utility Easements to be vacated are described by plot and legal descriptions in Exhibit A; and
WHEREAS, approval has been obtained from PG&E, AT&T, Comcast, and CalWater for vacation of the easements; and
WHEREAS, City-owned utility facilities, such as for sewer and storm drain, are not found to be within the Cadence 2 Properties and as a result, there is no requirement to relocate utilities from the Cadence 2 Properties to the public right-of-way; and
WHEREAS, vacation of the Public Utility Easements does not eliminate the ability of the City, nor the private utility companies, from providing service to existing and future uses; and
WHEREAS, because the Public Utility Easements located on the Cadence 2 Properties have not been used for the purpose for which they were dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and thus, they may be summarily vacated pursuant to Streets and Highways Code section 8333; and
WHEREAS, because staff has concluded that the Public Utility Easements are not necessary for the provision of utility services and the private utility companies have approved of the vacation, staff recommends that the City Council adopt a resolution to summarily vacate the easements within the Cadence 2 Properties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions:
1. Approves of the summary vacation of the Public Utility Easements located within the properties: APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220 (216 Miller Avenue).
2. Authorizes the City Manager or their designee to execute the necessary documents to effectuate the summary vacation of the Public Utility Easements, subject to review and approval as to form by the City Attorney and take any other action necessary to accomplish the intent of the staff report or this resolution.
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