Item Coversheet

Agenda Item - 5.a.


City of Garden Grove


INTER-DEPARTMENT MEMORANDUM

To:Scott C. Stiles

From:William E. Murray
Dept.:City Manager 

Dept.: Public Works 
Subject:

Adoption of a Resolution ordering the vacation of general easements for public utility purposes for a portion of the property located at 11235 Bowles Avenue, Garden Grove. (Action Item)

Date:7/10/2018

OBJECTIVE

For the City Council to hold a Public Hearing, and adopt the attached Resolution to vacate general easements for public utility purposes for a portion of the property located at 11235 Bowels Avenue, Garden Grove.

BACKGROUND

At its meeting on June 12, 2018 the City Council approved the Resolution of Intent No.9515-18, to process a General Vacation of Various Public Utility Easements, and to set a date for the Public Hearing.

 

A Notice of Vacation has been posted at the appropriate locations as per the attached affidavit and photos.  Notice of the Public Hearing on the proposed vacation was also published for two successive weeks in the Orange County News pursuant to Streets and Highways Code Section 8322.

 

DISCUSSION

The subject easement areas are located in a diagonal direction across the two parcels of Lot Line Adjustment 007-2014, as recorded on January 31, 2017, as instrument No. 20170000044463, located on 11235 Bowles Avenue. The property across which the easements traverse is partially developed with a residential home on one of the parcels, and is surrounded by a single family residential neighborhood. To the southeast of the subject easement area is the existing Dewey Drive. The triangulated or diagonal easement areas to be vacated include: a strip of land measuring approximately 212 ft. long and 5 feet wide (1060 sq. ft.) as originally dedicated as part of the subdivision development map of Tract No. 3037, MM 88, pp 38 & 39; and a strip of land approximately 30 ft. long and 6 feet in width (180 sq. ft.) as originally dedicated as an easement for utility installation, maintenance and incidental purposes via a document recorded April 26, 1956 as Book 3488, Page 427 of Official Records.

 

The Public Works Department has determined that the subject easement areas are no longer necessary to provide a public service easement and may be vacated without affecting the efficiency or effectiveness of any utility service system.

 

An easement for public utilities and incidental purposes as granted to the Pacific Telephone and Telegraph Company in a deed recorded June 6, 1956, in Book 3536 Page 269 of Official Records affecting the southerly 5 feet of said land has already been “quitclaimed” in a deed recorded August 31, 2016, as instrument number 2016000417374 by Pacific Bell Telephone Company.

 

City staff has verified that no public utilities (i.e. electric, communications, sewer, water or drainage) are currently located within the subject easement areas. Upon their vacation, use of the subject easement area will revert back to the underlying fee title owner, which in this case is the owner Khoung Vo.

 

Staff has been informed that the owner intends to improve the subject vacated areas with a new residential development and improving the area according to their needs.

 

On October 23, 2014, the Zoning Administrator approved Lot Line Adjustment 007-2014 with a finding that the proposed Lot Line Adjustment and developable parcels conforms to the City’s General Plan.

FINANCIAL IMPACT

There is no impact to the General Fund.
RECOMMENDATION

It is recommended that the City Council:

 

  • Conduct a Public Hearing;

 

  • Adopt the attached Resolution ordering the general vacation of various public utility easements generally located across parcels 1 and 2 of Lot Line Adjustment No. 007-2014; and

 

  • Authorize the City Clerk to record the Resolution with the County of Orange in order for vacations to become effective.

 

 

By: Kamyar Dibaj, MS

      Project Engineer




ATTACHMENTS:
DescriptionUpload DateTypeFile Name
CC Resolution Ordering Vacation7/5/2018Resolution7-10-18_CC_Resolution_Ordering_VacationRevJE.docx
RESOLUTION 9515-186/21/2018Resolution7-10-18_9515-18_VACATION_-_11235_Bowles_Ave__set_PH_7-10-18-1.pdf
AFFIDAVIT OF POSTING6/21/2018Backup Materialsigned_affidavit_for_vacay.pdf
FIELD PICTURES6/21/2018Backup MaterialBOWLES_EASEMENT_VACATION_1.pdf
FIELD PICTURES 26/21/2018Backup MaterialBOWLES_EASEMENT_VACATION_2.pdf
LLA PLAT EXHIBIT 007-20146/21/2018Backup Material7-10-18_LLA_07-2014_PLAT_EXHIBIT.pdf