*! C I YttyNC) City Council Agenda Report Meeting Date: May 3, 216 TO: City Council FROM. Public Work Director - Engineering, Brendan Ottoboni, 879-691 RE: RESOLUTION OF INTENTION TO ABANDON AND VACATE A PUBLIC UTILITY EASEMENT - BROWN (USE PERMIT 15-9 / ASSESSOR'S PARCEL NO. 7-16-44) REPORT IN BRIEF:, on behalf of property owner Don Brown, has petitioned the City of Chico to abandon a public utility easement (PUE) in orderto facilitate the anticipated developmentof their property. Comments on the proposed abandonment were solicited from local utility companies including AT&T, Pacific Gas & Electric Company, California Water Service, and Comcast Cable Communications, all of whom have no objection to the abandonment. Recommendation: The Public Works Director-Engineering recommends adoption of the following: approve the following: RESOLUTION OF INTENTION OF THECITY COUNCILOF THECITY OFCHICO TO ABANDON AND VACATE A PUBLIC UTILITY EASEMENT PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (BROWN - USE PERMIT 15-9 / ASSESSOR'S PARCEL NO. 7-16-44) FISCAL IMPACT: None. ENVIRONMENTAL REVIEW: The PUE abandonment has been found to be categorically exempt from environmental review pursuant to CEQA Guidelines section 15332 - In-Fill Development Projects. PUBLIC CONTACT: A public notice of the June 7, 216 hearing will be published twice in local newspapers and posted along the area proposed to be abandoned. Property owners contiguous to the area will be notified in writing of the hearing. Reviewed By. BreridSh Ottoboni, Public Works Director - Engineering Approved By: '»g*u Mark Orme, City Manager DISTRIBUTION: City Clerk (3) Don Brown ATTACHMENTS: Attachment A - Resolution w/legal description and plats Attachment B - Letter requesting abandonment
1 RESOLUTION NO. 2 3 4 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE A PUBLIC UTILITY EASEMENT PURSUANT TO THE PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW (BROWN - USE PERMIT 15-9 / ASSESSOR'S PARCEL NO. 7-16-44) 5 6 WHEREAS,, on behalf of Donald R. Brown, Trustee of the Donald R. Brown surviving Settlor's Trust, as to an undivided one-half interest and Donald R. 7 8 Brown, Trustee of the Dorothy A. Brown Exemption Equivalent Trust as to an undivided onehalf interest, has petitioned the City of Chico to abandon and vacate a three foot wide public 9 1 utility easement, located south of Eaton Road, between Burnap Avenue and Cohasset Road, in the City of Chico, County of Butte, State of California, more particularly described in Exhibit A 11 and delineated in Exhibit B, attached hereto and incorporated by this reference; and 12 13 14 15 16 17 WHEREAS, in accordance with the provisions of Section 2R.32.2 of the Chico Municipal Code and Section 6542 of the California Government Code, the City Manager has determined that the abandonment and vacation of the public utility easement is consistent with the general plan; and WHEREAS, each utility company operating within the City of Chico, having been informed of the petition, has advised the City that it does not need the public utility easement for 18 the installation or maintenance of its facilities; and 19 2 21 22 WHEREAS, in that the public utility easement appears to be unnecessary for present or prospective public utility purposes, it is the desire of this Council to abandon and vacate the public utility easement in accordance with the provisions of the Public Streets, Highways, and Service Easements Vacation Law, Division 9, Part 3, 83 et seq., of the Streets and Highways 23 Code of the State of California. 24 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Chico as 25 follows: 26 27 28 1. This Council hereby declares its intention, pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law, to abandon and vacate the public utility easement described in Exhibit "A" and delineated in Exhibit "B." CA Std Form 12/3/15 R:\FORMS\CAFORMS\ADMINI STD\Res Int Abandon PUE.doc
1 2 3 2. On June 7, 216, at the hour of 6: p.m., in the Council Chamber, Chico Municipal Center, 421 Main Street, Chico, California, is hereby fixed as the time and place for a hearing on the proposed abandonment and vacation, which time is not less than 15 days 4 from the date of this resolution. 5 6 1 8 9 1 11 12 13 14 15 16 17 18 3. The City Clerk is hereby directed to cause a notice of the hearing to be published as provided in Section 8322 of the Streets and Highways Code and to cause proof of such publication to be made by affidavit as provided in Section 8317 of the Streets and Highways Code. In addition, the City Clerk is directed to cause a notice of the hearing to be served by mail on the owner of each property adjoining the public utility easement proposed for abandonment and vacation. 4. The Director of Public Works - Engineering is hereby directed to cause a notice of the proposed abandonment and vacation to be posted conspicuously along the line of the public utility easement proposed to be abandoned and vacated, at least two weeks before the date herein set for hearing, in the manner provided by Section 8323 of the Streets and Highways Code, and to cause proof of such posting to be made by affidavit, as provided by Section 8317 of the Streets and Highways Code. THE FOREGOING RESOLUTION was adopted by the Council of the City of Chico at its meeting held on May 3,316, by the following vote: 19 AYES: 2 NOES: 21 ABSENT: 22 DISQUALIFIED: 23 ABSTAIN: 24 25 ATTEST: APPROVED AS TO FORM: 26 27 28 Deborah R. Presson City Clerk Vincen.EWing, City Attorney* *Approved pursuant to The Charter of the City of Chico 96(E) CA Std Form 12/3/15 R:\FORMS\CAFORMS\ADMIN STD\Res Int Abandon PUE.doc 2
Exhibit -A" PUBLIC UTILITY EASEMENT ABANDONMENT Don Brown All that certain real property situate in the City of Chico, County of Butte, State of California, described as follows: BEING that certain 3 foot wide Public Utility Easement (P.U.E.) over Parcel 3 as shown on that certain Parcel Map No. 4-11, filed for record in Book 17 of Maps, at Pages 9-92, Butte County Official Records. LAND %-4 2.11_L Mark R. Herrick, LS 8323 * NO.PLS 8323 * Date: 3 -Zs-/Lo BY: Checked: Approved: Date: MJ A ;16 EXHIBIT -'A" Page 1 of 1
EATON ROAD CK t PROJECT -/4 (n <1: U LASSEN AVENUE LOCAnON MAP NOT TO SCALE n LAND 9 9- S 7, NO.PLS 8323 * %L 2--. rll 3 babl- NORTHSTAR ENGINEERING DATE MARK R. HERRICK PLS 8323 NorthStar ENGINEERING 111 MISSION RANCH BLVD., STE 1 CHICO, CALIFORNIA 95926 (53) 893-16 FAX (53) 893-2113 CITY OF CHICO JOB NO. 15-14 ENGINEERING DIVISION DRAWN BY CHECKED NS. E. DATE, -%= E MARCH, 216 NO SCALE APPROVED - V pueuc WORKSIRECTOR PLAT TO ACCOMPANY PUBLIC UTILITY EASEMENT ABANDONMENT (Don Brown) EXHIBIT SHEET 1 OF 2
EATON ROAD \ 34.' 34.' - -197.75'- - - 1,/U to r. 1:n lr) 19(\1 Bl -g (1 1 b Z tr 52.' \,1 CY< LO 3' PUE-7 (TYP) -El gil fo 231.75' N89'57'21"E -- PRIVATE EASEMENT/ = INDUSTRIAL STREET 18 PARCEL 3 1 16 1 U7 "id / 17 M 9-92 TO BE ABANDONED -C5 3' PUE» APN 7-16-44 DRAINAGE EASEMENT 1 125 O.R. 641 N72'57'37"E 242.33' 2 CD C') (N ro 4- C) b Z NorthStar ENGINEERING 111 MISSION RANCH BLVD. STE 1 CHICO, CALIFORNIA 95926 (53) 893-16 FAX (53) 893-2113 DRAWN BY CITY OF CHICO NS. E. DATE,MARCH, 216 CHECKED FU / *AL, APPROVFn 1/UK../ PUBLIC WORKi DIRECTOR 1/ r = 8' JOB NO. 15-14 ENGINEERING DIVISION PLAT TO ACCOMPANY PUBLIC UTILITY EASEMENT ABANDONMENT (Don Brown) EXHIBIT SHEET 2 OF 2
NorthStar ENGINEERING Civil Surveying Architecture & Design Water Resources Environmental GIS RECEIVED March 25, 216 Nancy Kelly City of Chico - Public Works 411 Main Street MAR 2 5 216 CITY OF CHICO PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Chico, CA 95928 RE: Don Brown Use Permit 15-9 Public Utility Easement Abandonment APN. 7-16-44 Dear Ms. Kelly, On behalf of our client, Don Brown, would like to request the abandonment of the 3 foot wide Public Utility Easement (P.U.E.) as shown on Parcel 3 on that certain Parcel Map 4-11 filed for record on April 25, 27 in Book 17 of Maps, at Pages 9-92. Per the conditions of approval for Use Permit 15-9 we are requesting the abandonment of this P.U.E to remove any conflicts with the future building design and construction. Please contact this office is you have any questions or need any additional information to process this request. Thank you. Sincerely, 96/ 9L1 Mark Herrick, PLS Associate Land Surveyor 111 Mission Ranch Blvd., Suite 1 Chico, CA 95926 P: (53) 893-16 F: (53) 893-2113 northstareng.com