Agenda Item No. 6B January 23, 2018 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Jeremy Craig, City Manager Shawn L. Cunningham, Director of Public Works (Staff Contact: Tim Burke, (707) 449-5170) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE TO SUMMARILY VACATE EXCESS RIGHT-OF-WAY AND EXCESS PUBLIC UTILITY EASEMENTS LOCATED ALONG COGBURN WAY, COGBURN CIRCLE AND OPAL WAY FOR THE PROPOSED VILLAGES AT SOUTHTOWN ASHTON PLACE UNITS 1 AND 2 SUBDIVISIONS DISCUSSION: Southtown Phase 2, Unit 7 subdivision dedicated in fee portions of Cogburn Way, Cogburn Circle and Opal Way and also dedicated a public utility easement along these roadways to the City of Vacaville. The Developer, D.R. Horton, has since submitted a tentative map for the Villages at Southtown Ashton Place Units 1 and 2 subdivisions. The Developer has requested that the City vacate a small portion of the right-of-way for use by the Ashton Place Units 1 and 2 subdivisions, and in return, the City will receive a public pedestrian easement over a portion of the vacated right-of-way (see Attachments 1 and 2). The public pedestrian easement will be granted to the City with the Ashton Place Units 1 and 2 final maps. The right-of-way may be summarily vacated since it has been determined to be excess. The Developer has also requested the City vacate a portion of the public utility easement for these proposed subdivisions (see Attachments 3 and 4). It has been determined that there are no facilities planned or located within the requested abandonment area; therefore, the portion of the public utility easement shown in Attachments 3 and 4 may be summarily vacated since the easement has been determined to be excess. A public utility easement will be retained within the adjusted right-of-way along this alignment to serve existing and future utility needs. The right-of-way and public utility easements were dedicated at no cost to the City and will, therefore, be vacated at no cost in accordance with the City s abandonment policy. FISCAL IMPACT: There is no fiscal impact to the General Fund as a result of this action. RECOMMENDATION: By simple motion, adopt the subject resolution. ATTACHMENTS: Resolution Action Item Attachments 1 and 2: Right-of-Way Abandonments Attachments 3 and 4: Public Utility Easement Abandonments
RESOLUTION NO. 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE TO SUMMARILY VACATE EXCESS RIGHT-OF-WAY AND EXCESS PUBLIC UTILITY EASEMENTS LOCATED ALONG COGBURN WAY, COGBURN CIRCLE AND OPAL WAY FOR THE PROPOSED VILLAGES AT SOUTHTOWN ASHTON PLACE UNITS 1 AND 2 SUBDIVISIONS WHEREAS, the right-of-way and public utility easements were dedicated to the City with the approval of the Southtown Phase 2, Unit 7 subdivision; and WHEREAS, the portion of right-of-way, shown on Attachment 1 and Attachment 2, and public utility easements, shown on Attachment 3 and Attachment 4, are considered excess; and WHEREAS, a Public Pedestrian Easement and Public Utility Easement will be reserved over a portion of the property; and WHEREAS, in accordance with Government Code Section 65402, the City Council, acting as the Planning Agency for such purposes, finds that the proposed abandonments of said right-of-way and public utility easements do not conflict with any applicable provision or policy of the City s adopted General Plan or any of its elements; and WHEREAS, said public right-of-way and public utility easements were dedicated at no cost to the City and will be vacated at no cost to the property owner; and WHEREAS, the vacation of right-of-way and public utility easements are both a Summary Vacation pursuant to Streets and Highways Code, Chapter 4, Sections 8300, et seq.; and WHEREAS, from and after the date this resolution is recorded, the public right-of-way shown on Attachment 1 and Attachment 2 no longer constitutes a public right-of-way; and WHEREAS, from and after the date this resolution is recorded, the public utility easement shown on Attachment 3 and Attachment 4 no longer constitutes a public utility easement. NOW, THEREFORE, BE IT RESOLVED that the City of Vacaville hereby abandons the public right-of-way and public utility easement shown on Attachments 1-4; and IT IS HEREBY ORDERED that the abandonment hereinabove referred to become of record, and that the City Engineer is authorized to execute the documents and take any further action necessary to effectuate said vacation and recordation. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 23th day of January, 2018, by the following vote: ATTEST: AYES: NOES: ABSENT: Michelle A. Thornbrugh, City Clerk