Title
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 the properties.
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WHEREAS, in order to facilitate a proposed development project, the summary vacation of a Public Utility Easement (“PUE”) on the properties at 972 El Camino Real (APN 014-011-320) and at 932 El Camino Real (APN 014-011-330) (“ECR Properties”) is required; and
WHEREAS, said PUE was reserved by the City as described in City Council Resolution No. 133-83, ordering the Vacation of a Portion of Mission Road between El Camino Real and Chestnut Avenue, adopted by the City Council on August 17, 1983, and recorded with the San Mateo County Recorder in Document No. 83105481; and
WHEREAS, the northern portion of said PUE was abandoned by the City Council as part of the approval of Parcel Map 17-0004 recorded in Volume 84, Pages 97 - 100 San Mateo County Records; and
WHEREAS, the remaining portion of said PUE reservation is within the property at 972 El Camino Real (APN 014-011-320) and on 932 El Camino Real (APN 014-011-330); and
WHEREAS, PG&E, AT&T, Comcast, and CalWater have confirmed that they have no facilities in said PUE and have no need for said PUE; and
WHEREAS, because said PUE has not been used for the purpose for which it was reserved for five consecutive years immediately preceding the proposed vacation, and thus, it may be summarily vacated pursuant to Streets and Highways Code Section 8333; and
WHEREAS, the vacation of the remaining PUE does not eliminate the ability of the City, nor the private utility companies, from providing service to existing and future uses; and
WHEREAS, because staff has concluded that the remaining PUE is 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 ECR Properties.
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 Easement located within the properties: APNs 014-011-320 (972 El Camino Real) and 014-011-330 (932 El Camino Real), said reservation is as 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.
2. Authorizes the City Manager to execute the necessary documents to effectuate the summary vacation of the Public Utility Easement, subject to review and approval as to form by the City Attorney and take any other action necessary to accomplish the intent of the accompanying staff report or this resolution.
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