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Home My WebLink AboutStaff Report 3.H 7/7/2014(i) DATE: July 7, 2014 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. 7KesP.E.fCity , Director of Public Works and Utilities Curtis . Ba Engineer SUBJECT: Resolution Ordering the Vacation of a Portion of an Existing Public Utility Easement along 870 Wood Sorrel Drive fronting the Yarberry Lane Subdivision, Assessor's Parcel Number 137-061-022, Petaluma, California. RECOMMENDATION It is recommended that the City Council adopt the attached resolution ordering the vacation of a portion of an existing public utility easement along 870 Wood Sorrel Drive fronting the Yarberry Lane Subdivision, Assessor's Parcel Number 137-061-022, Petaluma, California. BACKGROUND The applicant, Ryder Homes, has requested that the City of Petaluma vacate and abandon a portion of a 10 -foot public utility easement as shown in Exhibits A and B, as part of construction of the Yarberry Lane Subdivision. There are two sections of the existing public utility easement proposed to be vacated, both of which are identified on Exhibit B as Parcel One (104 square feet) and Parcel Two (21 square feet). The easement areas proposed to be vacated were required by the City of Petaluma as part of a previous subdivision of the property and were dedicated to and accepted by the City in February of 1989 on Parcel Map Number 238. Dedication of public utility easements is standard practice on subdivision maps to accommodate existing, proposed or planned public utilities. This proposal has been referred to the necessary public utility companies for input. Staff has received written notification from these utility companies that there are existing utilities within the easement but not within the portions of the easement that are proposed to be vacated. Additionally, the public utility companies have informed the City that there are no plans to install utilities in these areas, and they do not object to the proposed easement vacations. Vacation or abandonment of public service easements is governed by California Streets and Highways Code, Division 9, Part 3, Chapter 3, Sections 8300 et seq. The vacation is exempt from the California Environmental Quality Act (CEQA) under section 15301 of the CEQA Agenda Review: City Attorney Finance Director City Manages _ Guidelines, as a minor alteration of existing highways and streets, and similar facilities involving negligible or no expansion of use. Resolution No. 2009-136 N.C.S. adopting a negative declaration for the Yarberry Lane Subdivision was approved on August 3, 2009 by the City Council. In order to approve the vacation, the City Council must find the subject portion of the easement unnecessary for present or prospective public use. Private benefit from the vacation does not make vacation improper, but should only be approved if the easements are no longer necessary for public use, rather than primarily to benefit a private party. Should the City Council decide to approve the proposed vacation, it is necessary for the Council to also decide terms and conditions for the vacation, including an appropriate amount of compensation from the applicant, if any. The Streets and Highways Code does not require compensation for vacating a public service easement. The prohibition in California Constitution, art. XVI, Section 6 on gifts of public funds has been held not to apply to charter cities like Petaluma, as previously advised in earlier public meetings by the City Attorney. The City of Petaluma Charter does not have provisions regarding gifts of public funds. The City Council is therefore free to consider whether it wishes to require compensation at an appraised value or some other sum from the applicant, based on general policy and any special circumstances applicable to this application. In this case, staff recommends that the City Council not require compensation because the public service easement is of little value. The easements can only be used for public utilities and the cost of the appraisals will likely exceed the value of the easements. FINANCIAL IMPACTS The City has received a deposit of $1,219 from the applicant for processing costs. Through June 2014, staff and legal fees spent on the project totaled $787.50, leaving a balance of $431.50. Any compensation paid must be deposited in a fund which is available for the same purposes for which the property was used according to Streets & Highways Code section 8357. ATTACHMENTS 1. Draft Resolution 2. Exhibits A and B — Legal Description and Plat of Public Utility Easement Areas to be Vacated 3. Vicinity Map Attachment 1 DRAFT RESOLUTION NO. NCS ORDERING THE VACATION OF A PORTION OF AN EXISTING PUBLIC UTILITY EASEMENT ALONG WOOD SORREL DRIVE FRONTING THE YARBERRY LANE SUBDIVISION, PETALUMA, CALIFORNIA, APN: 137-061-022 WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways Code, applicant Ryder Homes requests that the City Council vacate a portion of an existing public utility easement along Wood Sorrel Drive fronting the Yarberry Lane Subdivision, APN: 137-061-022, shown in Attachment 2; and WHEREAS, the City Council, having duly received and considered evidence concerning the facts in this proceeding finds from all the evidence submitted that the portion of the public utility easement hereinafter described is unnecessary for present or prospective public utility purposes; and WHEREAS, the action taken by this resolution is exempt from the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3 ("CEQA Guidelines"), Section 15301 as the minor alteration of existing highways and streets and similar facilities involving negligible or no expansion of use; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, including but not limited to Streets and Highways Code Section 8333, that the right-of-way described in Exhibit A hereto, which is incorporated herein by reference be, and the same is hereby ordered vacated, abandoned and forever closed to public use with the following condition: If the vacation resolution is not recorded within one year of approval, the vacation shall be considered null and void. BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy of this Resolution, attested by said Clerk under the seal of said City, to be recorded in the Office of the Recorder of Sonoma County, California. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute any necessary documents of conveyance. Attachment 2 EXHIBIT "A" PUBLIC UTILITY EASEMENT ABANDONMENT LEGAL DESCRIPTION SITUATE IN THE CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA BEING PORTIONS OF AN EXISTING PUBLIC UTILITY EASEMENT AS SHOWN ON PARCEL 1, CITY OF PETALUMA PARCEL MAP NO. 238 FILED IN BOOK 438 OF MAPS AT PAGES 1 AND 2, SONOMA COUNTY RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONE COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NORTH 35'31'29' EAST, 10.03 FEET TO THE MOST NORTHERLY CORNER OF SAID PUBLIC UTILITY EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT SOUTH 49'44'35' EAST, 23.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ONE; THENCE ALONG SAID NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT SOUTH 49'44'36' EAST, 5.60 FEET TO THE BEGINNING OFA CURVE WHOSE RADIUS POINT BEARS NORTH 40'15'26' EAST, 410.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'16'59', 44.98 FEET; THENCE SOUTH 35'31'29' WEST, 1.71 FEET; THENCE NORTH 54'28'31' WEST, 60.60 FEET; THENCE NORTH 35'31'29' EAST, 3.42 FEET TO THE POINT OF BEGINNING. CONTAINING 104 SQUARE FEET, MORE OR LESS. PARCEL TWO COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL NORTH 35'31'00° EAST, 10.70 FEET TO THE MOST EASTERLY CORNER OF SAID PUBLIC UTILITY EASEMENT; BEING THE BEGINNING OF A NON -TANGENT CURVE WHOSE RADIUS POINT BEARS NORTH 14'28'10' EAST, 410.00 FEET; THENCE ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID PUBLIC UTILITY EASEMENT THROUGH A CENTRAL ANGLE OF 04-37'12',33,08 FEET TO THE POINTOF BEGINNING OF THE HEREIN DESCRIBED PARCEL TWO; THENCE ALONG SAID CURVE AND SAID PUBLIC UTILITY EASEMENTTHROUGH A CENTRAL ANGLE OF 01-47-47',12.85 FEET; THENCE SOUTH 54°28'31' EAST, 12.38 FEET; THENCE NORTH 35'31'29' EAST, 3.45 FEET TO THE POINT OF BEGINNING. CONTAINING 21 SQUARE FEET, MORE OR LESS. BASIS OF BEARING OF THIS DESCRIPTION IS THE ABOVE MENTIONED PARCEL MAP. STEVEN J. LAFRANCHI, P.L.S. 8388 y�nw�O,1.. 6Lq3F6 EXPIRATION DATE 12/31/14 .12.31,6�SLcG5 P G A y i�lt�cld�' DATE STEVEN J. LAFRANCHI & ASSOCIATES, INC. CIVIL ENGINEERS - LAND SURVEYORS - LAND PLANNERS PETALUMA THEATRE SQUARE 140 SECOND STREET, SUITE 312, PETALUMA, CA 94952 TEL 707-762-3122 FAX 707-762-3239 PUEpbvgmim aL'wo..Vb EXHIBIT "B" PUBLIC UTILITY EASEMENT ABANDONMENT SEE EXHIBIT "A' FOR LEGAL DESCRIPTION fL2NI POC (PCL ONE) LEGEND POC POINT OF it (RA0IALLI COMMENCEMENT POB POINT OF BEGINNING CEL ONE f S.F. COURSE DATA PARCEL 1 UNE BEARING LENGTH l4l CRY OF PETAUAAA LI N35'31'29"E 10.03 Phi N0.238 L2 S49'4435"E 23.21 I 436 MAPS 1-2 L3 S49'44'35"E 5.60 I L4 S3531'29"1V 1.71 I L5 N5C28'31'W 50.50 1 L6 N35'31'29"E 3.42 L7 N35'31'00"E 10.70 EXISTING 10' PUBLIC L8 N14'26'10"E RADIAL L9 S54'28'31"E 12.38 I�UnLfn FASEIAEN7 LIO N35'31'29"E 3.45 r Lit N40'15'25"E RADIAL r CURVE RADIUS DELTA LENGTH I Cl 410.00 S'16'59" 44.96 C2 410.00 437'12" 33.06 C3 410.00 1'47'47" 12.85 ` 1 PARCEL TWO 211 S.F. L9 3 L10, POB 04 C2 L7 i GRAPHIC SCALE POC (PCL. TWO 0 30 NI SCALE 1"=30' STEVEN J. LAFRANCHI & ASSOCIATES, INC. 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