February 8, 2005
SUBJECT: Adoption of a Resolution Vacating a Portion of Dartshire Way and Reserving a Public Utility Easement
REPORT IN BRIEF
A portion of public right-of-way fronting the property at 701 Dartshire Way has not been used for public vehicular travel for many years. The right-of-way is technically a part of Dartshire Way but the area to be vacated is not improved as a public street. The right-of-way is used as a driveway and landscaping by the property owner at 701 Dartshire Way.
Staff recommends that the City Council hold a public hearing, and if it finds from the evidence that this portion of the right-of-way is not needed for present or prospective public use, that Council adopt the attached resolution to vacate the subject street right-of-way with reservation of a public utility easement, pursuant to Section 8320 et. seqq. of the California Streets and Highways Code. (See Attachment A, Resolution with legal descriptions and plats as Exhibits A-1 through A-6 and Exhibits B-1 and B-2.)
BACKGROUND
Dartshire Way (formally Panama Ave.) was created in 1914. Dartshire Way used to extend westerly to the Sunnyvale East Channel until a new residential development came in 1962 that permanently blocked and terminated through street access. It is believed that the area proposed to be vacated has not been used for any public street purpose since 1962. The right-of-way provides private driveway access to 701 Dartshire Way and a portion of the right-of-way has been incorporated in landscaping on that property. (See Attachments B-1 through B-3, Location Map, aerial photo and topography plan.)
On May 26, 2004, Mr. Mark Russell, the current property owner of 701 Dartshire Way wrote a letter requesting street vacation of the right-of-way fronting his property (see Attachment C-1). On June 7, 2004, the subject street vacation application was presented to the City’s Project Review Committee and received no objection. There are no existing City utility lines and no prospective City utilities in the subject street vacation area. Letters were sent to various utility companies and they have no objections to the subject street vacation (see Attachments D-1 through D-4). PG&E and SBC requested the City to reserve a Public Utility Easement.
Environmental Status
Pursuant to California Environmental Quality Act (CEQA) Guidelines Article 5 Section 15061 (b)(3), it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is exempt from CEQA.
EXISTING POLICY
GOAL 7.1A: Revenue: Maintain and Enhance the City's Revenue Base.
Policy 7.1A.1. Revenue base: Maintain a diversified and stable revenue base for the City.
Action Statement
7.1A.1p. Annually review which of the City's land holdings are not actively utilized and whether there are holdings which have no foreseeable public purpose.Action Statements
DISCUSSION
Pursuant to California Streets and Highways Code Section 8320 et. seqq., the City may adopt a resolution vacating a street if, after holding a public hearing and considering evidence, it finds that the street being vacated is unnecessary for present or prospective public use. After the date the resolution is recorded, the vacation is complete and the street vacated is no longer a public right-of-way.
According to PG&E and SBC, some in-place public utility facilities are in use within the proposed vacation area. Therefore, the City shall reserve a public utility easement as required by statute. The public utility easement allows utilities the right to maintain, operate, replace, remove, or renew public utility facilities.
Once the City abandons the public right-of-way, the three property owners adjoining the vacated area would have title to the area adjoining their property to the centerline of the former right-of-way. The three properties that would regain fee title after the street is vacated are 1459 Flamingo Way, 709 N. Dartshire Way and 701 N. Dartshire Way (Requestor’s property). The area that would revert to each owner is shown on the plats and legal descriptions prepared by an engineer retained by Mr. Russell (see Attachment A, Exhibits A-1 through A-6 to the proposed resolution). Mr. Russell has obtained consent letters from these other two property owners that they will Quitclaim their title to him immediately after the street is vacated (see Attachments C-2 and C-3). Staff is informed that Quitclaim Deeds will be recorded concurrently with City’s Resolution of Street Vacation.
Staff recommends that City Council adopt the attached resolution vacating a portion of Dartshire Way and reserving a public utility easement; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office.
FISCAL IMPACT
There is no fiscal impact as a result of this street vacation.
CONCLUSION
The proposed street vacation meets the California Streets and Highways Code provisions. All public utility companies have no objection to the subject street vacation. The adjoining property owners have consented to the subject street vacation. Staff finds that the portion of Dartshire Way proposed to be vacated is unnecessary for present or prospective street use and can be vacated as proposed.
PUBLIC NOTICE
Public notice was given by publishing twice in the weekly Sun newspaper and by posting at least three notices on the portion of right-of-way proposed to be vacated. Additional public contact was made through the posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s Web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s office.
ALTERNATIVES
1. Adopt the resolution vacating a portion of Dartshire Way and reserving a public utility easement; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office.
2. Adopt the resolution vacating a portion of Dartshire Way and reserving a public utility easement with modifications and conditions as deemed appropriate by the City Council; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office.
3. Do not adopt the resolution providing vacation of a portion of Dartshire Way and direct the staff to record the "NOTICE AND COVENANT RELATED TO PRIVATE CONSTRUCTION OVER PUBLIC RIGHT-OF-WAY" (see Attachment E)
RECOMMENDATION
Staff recommends Alternative No.1: Adopt the resolution vacating a portion of Dartshire Way, with reservation of a public utility; and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office.
Reviewed by:
Marvin A. Rose, Director, Public Works
Prepared by: Judy Chu, Civil Engineer
Approved by:
Amy Chan
City Manager
Attachments
A. Resolution of Vacation with Exhibits A-1 through A-6 (legal descriptions and plats of area to be vacated) and Exhibits B-1 and B-2 (legal descriptions and plot map of the area to be reserved for a Public Utility Easement) (832kb .pdf)
B. Location Map, Aerial Photo and Topography Plan (1639kb .pdf)
C. Letter of request for street vacation and consent letters from adjacent property owners (163kb .pdf)
D. Letters of consent from utility companies (389kb .pdf)
E. "NOTICE AND COVENANT RELATED TO PRIVATE CONSTRUCTION OVER PUBLIC RIGHT-OF-WAY" (217kb .pdf)