200 S. Anaheim Blvd.
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Anaheim, CA 92805
Tel: (714) 765-5176
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: OCTOBER 17, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROPOSED SUMMARY VACATION OF PUBLIC UTILITY
EASEMENT LOCATED AT 1730 SOUTH CLEMENTINE STREET
(ABA2023-00423)
ATTACHMENT (Y/N): YES ITEM # 15
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Resolution, pursuant to California Streets and Highway Code section 8330 et seq., vacate the public utility easement at 1730 South Clementine Street, as described in Exhibit “A,” and assigned to the City of Anaheim pursuant to Exhibit “B,” of the attached Resolution.
DISCUSSION:
The applicant, 1730 S Clementine, LLC, has requested that the City vacate the existing public utility easement to clear title to their land for a planned hotel development.
The recommended vacation meets the criteria for a Summary Vacation in accordance with the Streets and Highways Code because the easements have been superseded by the removal of underground electrical cables previously located in the easements, and there are no other public facilities located within the easements. The request has been reviewed by the Public Utilities Department and there are no objections to the proposed vacation, and a separate public utility easement will be required as part of the development project.
IMPACT ON BUDGET:
City Council Policy No. 5.5 waives the requirements of compensation to the City when the abandonment meets the criteria for a summary vacation. Therefore, the City has no compensable interest in the easements.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Resolution
2. Property Sketch