REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Summarily Vacate an Existing Public Utility Easement at 457 East Evelyn Avenue
Report
BACKGROUND
On December 8, 1964, the City Council adopted Resolution No. 6808 (Attachment 1) to vacate a certain pedestrian walkway and certain public streets, or portions thereof in the City. As described in provisions 9 and 10 of the subject resolution, portions of Marshall Avenue were vacated with exception and reservation of an easement for franchised utilities such as gas, telephone, communication facilities and electric energy, etc. The subject resolution was recorded on December 14, 1964 as document no. 2760248 in book 6778, pages 702 to 718, with the Santa Clara County recorder's office (Attachment 1). The subject easement is referenced in the property title report as in favor of the City of Sunnyvale, hereinafter referred to as a Public Utility Easement (PUE).
On March 19, 2013, the City Council conditionally approved a 158-unit residential project within the subject PUE area; project condition no. TM-8 requires removal of the existing facilities and abandonment of the subject PUE prior to issuance of building permit(s). The subject PUE is depicted on the recorded final map associated with the project (Attachment 2).
EXISTING POLICY
General Plan, Chapter 3, Goal LT-4 - Quality Neighborhoods and Districts
Policy LT4-4: Preserve and enhance the high quality of residential neighborhoods
ENVIRONMENTAL REVIEW
Adoption of the subject resolution to vacate an existing PUE is a project condition of approval. The City Council adopted the mitigated negative declaration for the project on March 19, 2013.
DISCUSSION
The existing utility lines have been removed and all new utilities have been placed within other existing PUEs or new PUEs as shown on the final map. Letters were sent to utility companies and they have no objections to the subject PUE vacation (Attachment 3). There are neither ex...
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