RESOLUTION NO. RD:EEH:LCP

Transcription

1 RD:EEH:LCP RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE VACATING A LANDSCAPE EASEMENT AND PORTION OF STREET EASEMENT RESTRICTING VEHICULAR ACCESS ON PRIVATE PROPERTY LOCATED ON 1385 PRELUDE DRIVE WHEREAS, the City of San José ( City ) owns a public easement for landscape purposes ( Landscape Easement ) and a public easement restricting vehicular access to a street ( Street Easement ) on private property located on 1385 Prelude Drive, as more particularly described in Section 3 of this Resolution; and WHEREAS, the vacation of the Landscape Easement and a portion of the Street Easement is being conducted pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California; and WHEREAS, on March 29, 2016, the City Council adopted Resolution No ( Resolution of Intention ) declaring its intention to vacate the Landscape Easement and a portion of the Street Easement; and WHEREAS, the Resolution of Intention gave notice that on Tuesday, the 26 th day of April, 2016 at 1:30 p.m., in the Council Chambers of the City Council, in the City Hall of the City of San José, the Council would hear any and all persons interested in or objecting to the vacation of the Landscape Easement and a portion of the Street Easement; and WHEREAS, the Resolution of Intention giving notice of the date, time and place of the public hearing was published in the manner prescribed by law; and T / Council Agenda: Item No.: 6.2 DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

2 RD:EEH:LCP WHEREAS, prior to the public hearing, two (2) plat maps were approved by the Director of Public Works on March 2nd, 2016, entitled PLAT MAP SHOWING THE LANDSCAPE EASEMENT TO BE VACATED ON 1385 PRELUDE DRIVE and PLAT MAP SHOWING THE STREET EASEMENT TO BE VACATED ON 1385 PRELUDE DRIVE (hereinafter Plat Maps ) showing the Landscape Easement and portion of the Street Easement proposed for vacation; and WHEREAS, prior to the public hearing, the Plat Maps were filed in the Office of the City Clerk and made available for examination by any persons desiring to do so; and WHEREAS, on April 26, 2013, at 1:30 p.m. in the City Council chambers, the City Council heard any and all persons interested in or objecting to the proposed vacation of the Landscape Easement and a portion of the Street Easement on 1385 Prelude Drive, and received and considered all evidence submitted; and WHEREAS, at the public hearing on the vacation of the Landscape Easement and portion of the Street Easement, the City Council had before it a report from the Director of Public Works to the City Council dated April 4, 2016, identified as EXHIBIT A and incorporated herein, and the Plat Maps, identified as EXHIBIT B and incorporated herein; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION 1. The City Council hereby adopts the Report and, based upon the Report and all other evidence submitted at the public hearing, makes the following findings: A. This vacation is in conjunction with the BART Berryessa Extension Project by the Valley Transportation Authority ( VTA ); and T / Council Agenda: Item No.: 6.2 DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

3 RD:EEH:LCP B. Upon the VTA s purchase of a portion of 1385 Prelude Drive ( BART Project Property ), the Landscape Easement and portion of the Street Easement, if not vacated, would conflict with VTA s proposed use of the BART Project Property; and C. The portions of the Landscape Easement not located on the BART Project Property have not been, and are not planned to be, maintained by the City. SECTION 2. The City Council makes the following conclusions and findings based upon an analysis of the above facts: A. The Landscape Easement and portion of the Street Easement are unnecessary for present or prospective public use; and B. The proposed vacation is consistent with the City s General Plan. SECTION 3. Based on the above stated facts, conclusions and findings, the City Council hereby vacates the Landscape Easement and portion of the Street Easement, as hereinafter described. The Landscape Easement is all that real property situated in the City of San José described as follows: REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being all of the Landscape Easement shown on Lot 13 of Tract No. 8235, recorded August 4, 1989 in Book 604 of Maps, Page 3, Official Records of Santa Clara County, and dedicated on said map. T / Council Agenda: Item No.: 6.2 DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

4 RD:EEH:LCP Containing an area of 3,635 square feet, more or less. The Street Easement is all that real property situated in the City of San José described as follows: REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of the No Vehicular Access shown on Lot 13 of Tract No. 8235, recorded August 4, 1989 in Book 604 of Maps, Page 3, Official Records of Santa Clara County, and dedicated on said map; being more particularly described as follows: BEGINNING at the most southerly corner of said Lot 13; Thence along the southwesterly line of said Lot 13, being the northeasterly right-of-way line of Lundy Avenue (106 feet wide), North 39º52 15 West, feet to the TERMINUS POINT. SECTION 4. The City Clerk is directed to record a certified copy of this Resolution in the Santa Clara County Recorder s Office. SECTION 5. From and after the date this Resolution is recorded, the Landscape Easement and portion of the Street Easement vacated will no longer constitute public easements. T / Council Agenda: Item No.: 6.2 DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

5 RD:EEH:LCP ADOPTED this day of, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk T / Council Agenda: Item No.: 6.2 DRAFT--Contact the Office of the City Clerk at (408) or for final document.

6 COUNCIL AGENDA: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Barry Ng SUBJECT: SEE BELOW DATE: April 4, 2016 Approved Date COUNCIL DISTRICT: 4 SUBJECT: VACATION OF A LANDSCAPE EASEMENT AND A PORTION OF A STREET EASEMENT ON PRIVATE PROPERTY LOCATED ON 1385 PRELUDE DRIVE RECOMMENDATION Conduct a public hearing and adopt a resolution vacating a public easement for landscape purposes ( Landscape Easement ) and a portion of a street easement restricting vehicular access ( Street Easement ) on 1385 Prelude Drive ( Subject Property ). OUTCOME Council conducts a public hearing and adopts a resolution vacating the subject Landscape Easement and a portion of the Street Easement on the Subject Property. By vacating the Landscape Easement and portion of the Street Easement, Council would allow the Valley Transportation Authority ( VTA ) to construct improvements in connection with the Bay Area Rapid Transit (BART) Berryessa Extension project ( BART Project ). BACKGROUND The Landscape Easement and Street Easement were created together with the Subject Property on the subdivision map of Tract 8235, recorded on August 4, 1989 in Book 604 of Maps at Pages 3-4 of Official Records, Office of the Recorder, County of Santa Clara. Tract 8235 was permitted in conjunction with Planned Development Permit PD for the construction of 18 single family detached units at the northwest corner of Lundy Avenue and UPRR tracks adjacent to Sierra Road. This subdivision was designed as a residential detached project with public street frontage from an interior public street (Prelude Drive) that was dedicated and constructed by the project as shown in the attached location map. The Subject Property, also Lot 13 of Tract 8235,

7 HONORABLE MAYOR AND CITY COUNCIL April 4, 2016 Subject: 1385 Prelude Drive Landscape & Street Easement Vacations Page 2 is currently identified as APN in the County Assessor s Map, has an address of 1385 Prelude Drive, and is the corner property at Lundy Avenue and UPRR tracks adjacent to Sierra Road. As this residential project was designed as having direct frontage adjacent to an interior public street (Prelude Drive) and not the adjacent major streets of Lundy Drive and Sierra Road, a Landscape Easement and Street Easement were incorporated to maintain the status of Lundy Drive as a major thoroughfare. The Landscape Easement, which is approximately 3,635 square feet in size, was dedicated to public use to keep a portion of the Subject Property open and free of buildings and structures except irrigation systems and appurtenances thereto, sound walls, lawful fences, and lawful unsupported roof overhangs. The City does not currently have any plan to maintain landscaping and irrigation within the Landscape Easement. Additionally, the Street Easement was dedicated specifically as an ingress and egress restriction to the City to comply with Municipal Code Section Double Frontage, which does not allow properties to have double frontages (two sides facing a public street) unless certain conditions are met, such as corner lots. As proposed, certain lots would have frontage along both Prelude Drive and Lundy Avenue. To mitigate this issue without substantial redesign of the project, a Street Easement was required to restrict access to Lundy Avenue for the lots with double frontages. The Street Easement is approximately 745-feet in length along the southwesterly side of Tract The VTA, in conjunction with the BART project, has entered into a purchase and sales agreement with the owner of 1385 Prelude Drive to purchase fee title to a portion of the Subject Property (as shown in the attached Location Map). This land ( BART Project Property ) is necessary for the construction of a pump station to support the BART tunnel adjacent to Tract Currently, the Landscape Easement and an approximately 93-foot portion of the Street Easement conflict with the VTA s intended use for the portion of the property. As a result, the VTA has requested the City to vacate the Landscape Easement and a portion of the Street Easement on the BART Project Property located at 1385 Prelude Drive. On March 29, 2016, Council adopted a resolution of intention to vacate the Landscape Easement and a portion of the Street Easement on the Subject Property and set a public hearing for the vacations on April 26, ANALYSIS Staff has determined that the Landscape Easement is not necessary for the present or prospective public use for which it was dedicated, and currently there are no City-owned or maintained landscaping, irrigation systems, or other public facilities located within the subject Landscape

8 HONORABLE MAYOR AND CITY COUNCIL April 4, 2016 Subject: 1385 Prelude Drive Landscape & Street Easement Vacations Page 3 Easement. Additionally, the sound wall partially in the Landscape Easement shall remain and will continue to be maintained by the property owner. With the construction of the BART pump station on BART Project Property, staff has determined that the 93-foot portion of the Street Easement proposed to be vacated is not necessary for the prospective public use for which it was dedicated. Through the pending acquisition of the above-mentioned property by the VTA, as subject to the above-referenced purchase and sales agreement between the VTA and the owner of 1385 Prelude Drive, the BART Project Property will become a legal lot as it will be conveyed in fee to a governmental agency (i.e. VTA). As a separate lot, the BART Project Property needs public access to the frontage of Lundy Avenue. Without the vacation of this portion of the Street Easement, the VTA will not have legal access to its pump station due to the ingress/egress restriction. The specific legal description of the areas to be vacated are described in detail in the proposed resolution. The Streets & Highways Code ( Code ) contains statutory procedures for vacating streets and public service easements. Section 8308 of the Code, defines a street to include restrictions of access or abutters rights. Therefore, the Street Easement is a street under the Code. Section 8306 of the Code defines a public service easement to include other limited use public easements other than for street and highway purposes. Therefore, the Landscape Easement is a public service easement under the Code. Section 8316 of the Code allows a city legislative body to vacate one or more streets and public service easements, whether or not contiguous, in the same proceeding. According to County records, Phan Tuan and Genevieve Nguyen are the underlying fee owners of the area proposed for vacation. By adopting the recommended resolution of vacation, Council will direct the City Clerk to record a certified copy of the resolution thereby completing these vacations. Additionally, no new information regarding this vacation has been received since the March 29, 2016 Council meeting. EVALUATION AND FOLLOW-UP If Council approves this resolution, the Landscape Easement and Street Easement will be vacated and no longer encumber the Subject Property. In relation to the BART Project, staff will provide overall project updates as a part of the Regional Quarterly Activities report to the Transportation and Environment Committee.

9 HONORABLE MAYOR AND CITY COUNCIL April 4, 2016 Subject: 1385 Prelude Drive Landscape & Street Easement Vacations Page 4 PUBLIC OUTREACH/INTEREST This memorandum will be posted on the City s website for the April 26, 2016 Council agenda. Additionally, the VTA manages an extensive formal outreach process for the BART project that City staff is closely involved in. COORDINATION This vacation has been coordinated with the Department of Planning, Building and Code Enforcement, Department of Transportation, and the City Manager s Budget Office. The vacations and required resolution have been reviewed by the City Attorney's Office. FISCAL/POLICY ALIGNMENT The BART project aligns with the City s Envision 2040 goals to facilitate increased travel by transit and the Transportation & Environment CSA goals to provide viable transportation choices that support a strong economy. COST SUMMARY/ IMPLICATIONS Costs incurred by the City for project management will be reimbursed by the VTA pursuant to Cooperative Agreement #9 between the VTA and the City for the reimbursement of encroachment permit fees and additional service costs related to the construction of the BART Project. CEQA BART Extension to Berryessa Final and Supplemental Environmental Impact Reports, adopted on January 24, 2012 under Resolution Number /s/ BARRY NG Director of Public Works For questions please contact Michael Liw, Deputy Director of Public Works, at JL/AB Attachment

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