HomeMy WebLinkAboutA001 - Council Action Form dated April 26, 2016 Item #43
Old CAF
ITEM # —2a—
DATE: 04-12-16
COUNCIL ACTION FORM
SUBJECT: PUBLIC UTILITY EASEMENT VACATION — 1126 FLORIDA
AVENUE
BACKGROUND:
In March of 2016, staff received a request from the property owner at 1126 Florida
Avenue to vacate the existing public utility easement. This easement runs along the
east side of the owner's apartment complex.
This property was recently sold. During the due diligence process by the property
owner, it was discovered that two of the owner's garages and one apartment building
were constructed within the easement area. Easement language prohibits the erection
of permanent structures within easements.
Vacating an easement is different than vacating City-owned property, such as an
unused alley. When vacating City property, a value is typically established per City
policy and charged to the purchaser (usually the adjoining property owner). In the case
of vacating an easement, the underlying land is owned by and remains with the property
owner, and the City is simply releasing its rights to use the property. In this case, Public
Works staff contacted all registered right-of-way users to determine the extent of the
utilities in the immediate area and received responses back from all users that there are
no current utilities in the easement area and no future plans to utilize the
easement area. A map of the area is shown in Attachment A.
ALTERNATIVES:
1. Set a date of public hearing for April 26, 2016 to approve vacation of the
public utility easement at 1126 Florida Avenue.
2. Do not set the date of public hearing to vacate the existing easement.
MANAGER'S RECOMMENDED ACTION:
There are no current or future planned facilities within the easement area. Setting the
date of hearing is the first step toward completion of this process and toward correction
of the unfortunate situation in which buildings were constructed over a public utility
easement.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
Attachment A
A
F 4£
r vi^ W
W 4 � R �.• � W � � � �#`AYai 4 �
a
`* a
M KID ,"
ONTARIO ST
M
11
h� a
gqq§
31
a
Area Requested to Vacate ~•°
err
�.
-
4� a
E
w _ �-
�� Q
U,
z
Mat
� U �i b4d .• �'> �1� i �b�� t
i
r
rp
ROSS
a s RD
aiao i..401,
FVII M'v
�t
A5
��s - "'�• I t Moz WA ,
,k
���► .n.P<,«„W,a,.a..,fi.<.�.a.,,�,.°a,. ....Aga.,.,.M,°1126N Florida«Easement
;,M,�,A.�, o ° Scale:
�.,.1.,1n =�150 ft
Vacation Request NORTH Date:3/2 512 01 6