Item Coversheet

Agenda Item - 6.c.


City of Garden Grove


INTER-DEPARTMENT MEMORANDUM

To:Scott C. Stiles

From:William E. Murray
Dept.:City Manager 

Dept.: Public Works 
Subject:

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

Date:6/12/2018

OBJECTIVE

To request City Council to adopt a Resolution to set a date for a public hearing to vacate general easements for public utility purposes in accordance with Division 9, Part 3, Chapter 3 of the California Streets and Highways Code (§§ 8320-8325), for a portion of the real property located at 11235 Bowles Avenue, Garden Grove, owned by Khoung Vo (“Owner”). 

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. Following the City Council approval of the Resolution of Intent, notice will be given of a public hearing on July 10, 2018. On or before that date, the public has the opportunity to address the proposed action. At the July 10, 2018 meeting, a Resolution Ordering the Utility Vacations will be presented for the City Council’s approval. If approved, the Resolution will be recorded with the County of Orange and the utility vacations will become effective.

FINANCIAL IMPACT

There is no impact to the General Fund caused by this action. 

RECOMMENDATION

It is recommended that the City Council:

 

  • Adopt the attached Resolution entitled:  A Resolution of the City Council of the City of Garden Grove Declaring Intent to Process Vacations of General Easements for Public Utility Purposes of the Certain Public Easements Generally Located across Parcel 1 and Parcel 2 of Lot Line Adjustment 007-2014; and

 

  • Fix a time for the Public Hearing of July 10, 2018, for all persons interested in or objecting to the proposed public utility vacation.

 


 

 

By: Kamyar Dibaj, MS

      Project Engineer




ATTACHMENTS:
DescriptionUpload DateTypeFile Name
CC Resolution VACATION6/5/2018Resolution6-12-18_CC_Resolution_of_Intent_Rev_(1)_VACATION.docx
Lot Line Adjustment Exhibit5/31/2018Backup Material6-12-18_Easement_Exhibit_5-30-18-_Highlighted-Copy_Rev-1.pdf