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Report regarding approving the summary vacation of a Public Utility Easement on 972 El Camino Real (APN 014-011-320) and on 932 El Camino Real (APN 014-011-330) to allow for development of said properties. (Matthew Ruble, Principal Engineer)
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RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution approving the summary vacation of a Public Utility Easement on 972 El Camino Real (APN 014-011-320) and on 932 El Camino Real (APN 014-011-330) to allow for development of said properties.
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BACKGROUND/DISCUSSION
On August 17, 1983, the City Council adopted Resolution No. 133-83 ordering the vacation of a portion of Mission Road between El Camino Real and Chestnut Avenue. As part of said resolution, the City reserved a Public Utility Easement (PUE) over a portion of the right-of-way that was vacated. A portion of the PUE is on private property located at 972 El Camino Real (APN 014-011-320) and at 932 El Camino Real (APN 014-011-330) and is shown on the attached Exhibit A from the proposed In-N-Out Burger development to be constructed on the site. A portion of the PUE was abandoned by the City with the residential development at 988 El Camino as part of the filing of Parcel Map 17-0004.
The remaining portion of the PUE does not have any existing public utilities within the easement. Attached is correspondence from PG&E, AT&T, Comcast, and CalWater confirming that they have no facilities in the PUE and have no need for the PUE. To facilitate the development of the In-N-Out Burger development, the City must vacate the remaining PUE on the project site.
Pursuant to California Streets and Highways Code Section 8333, cities may summarily vacate public service easements in any of the following circumstances: (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the proposed vacation and the easement has not been used continuously since that date, or (3) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Because the easements located on the properties have not been used for the purpose for which they were dedicated or acquired for five consecutive years immediately preceding the proposed vacation, they may be summarily vacated. Pursuant to California Streets and Highways Code Section 8335, in order to vacate the easements, the City Council must adopt a resolution of vacation.
As staff has concluded that these easements are not necessary for the provision of utility services and the private utility companies have also approved of the easement vacation, staff recommends that the City Council adopt a resolution to summarily vacate the easement.
FISCAL IMPACT
Approving the summary vacation of the easement will have no fiscal impact on the City.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the summary vacation of the Public Utility Easement reservation described in City Council Resolution No. 133-83, adopted by the City Council on August 17, 1983, and recorded with the San Mateo County Recorder in Document No. 83105481. A portion of said PUE reservation was already abandoned as part of Parcel Map 17-0004 recorded in Volume 84, Pages 97-100 San Mateo County Records. This will allow In-N-Out Burger to develop the properties.
Attachments:
1) Exhibit A, In-N-Out Burger Site Plan showing location of PUE
2) Utility Clearance Letters
3) Resolution No. 133-83
4) PM No. 17-0004