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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: April 22, 2003

Subject/Title: Approve a Resolution vacating the Temporary Construction Easement on the south side of Sunset Road, east of EBMUD right-of-way

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Approve a resolution authorizing the City Manager to execute all documents necessary to vacate the temporary construction easement granted for Storm Line A, located on the south side of Sunset Road, east of EBMUD right-of-way, consisting of approximately 29,533 square feet.

PREVIOUS ACTION
The City obtained various easements for the installation of Storm Line A-5. One of those easements was for a temporary construction easement for an area consisting of approximately 29,533 square feet, located on the south side of Sunset Road, east of EBMUD right-of-way. Storm Line A has been constructed in this area and the easement area is no longer needed. Therefore, the current owner has requested this area be returned without this encumbrance.

BACKGROUND
Streets and Highway Code Section 8333 allows the City to summarily vacate a public service easement if the easement is less than five years ago and more than one year before the proposed vacation and the easement was not used continuously since that date or if the easement has not been used for the purpose for which it was dedicated or acquired.

As the easement has not been used for either (1) the purpose for which it was dedicated and is more than one year before the vacation or (2) the easement was not used continuously for more than one year, staff recommends that the City Council authorize the City Manager to execute all documents to vacate the temporary construction easement as described in the attached Exhibit A.

Attachments:
Resolution
Exhibit A

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD VACATING A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF APPROXIMATELY 29,533 SQUARE FEET LOCATED ON THE SOUTH SIDE OF SUNSET RAOD AND EAST OF EBMUD RIGHT-OF-WAY PURSUANT TO STREETS AND HIGHWAY CODE SECTION 8333

WHEREAS, the City has previously accepted a temporary construction easement for Storm Line A consisting of approximately 29,533 square feet, located on the south side of Sunset Road, east of EBMUD right-of-way (“Easement”); and

WHEREAS, the Easement has not been used for either (1) the purpose for which it was dedicated and is more than one year before the vacation or (2) the easement was not used continuously for more than one year; and

WHEREAS, Streets and Highway Code Section 8335 permits the City to summarily vacate a public service easement if the resolution states the requirements of this section.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood finds and directs as follows:

(1) This resolution of vacation is made under Streets and Highways Division 9, Chapter 4, Vacation of City Streets;
(2) The areas to be vacated is attached hereto as Exhibit A, consisting of approximately 29,533 square feet, located south of Sunset Road and east of EBMUD right-of-way;
(3) Resolution incorporates the facts provided in the staff report prepared concerning the Easement;
(4) From and after the date this Resolution is recorded, the temporary construction easement shall no longer constitute a temporary construction easement; and
(5) Authorize the City Manager to execute all documents necessary to vacate the temporary construction easement granted for Storm Line A, located on the south side of Sunset Road, east of EBMUD right-of-way, consisting of approximately 29,533 square feet, as attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of April 2003 by the following vote:

City Administration
City of Brentwood City Council
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