Agenda Report
Fullerton City Council
MEETING DATE: DECEMBER 20, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: MEG McWADE, PUBLIC WORKS DIRECTOR
PREPARED BY: STEPHEN BISE, CITY ENGINEER
SUBJECT: SUMMARY VACATION ABANDONING A WATERLINE EASEMENT OVER A PORTION OF 4100 AND 4030 NORTH HARBOR BOULEVARD
SUMMARY
This action would vacate an existing waterline easement over a portion of the properties located at 4100 North Harbor Boulevard, Assessor's Parcel Number 296-201-10 and 4030 North Harbor Boulevard, Assessor's Parcel Number 296-201-12 as described in Exhibit "A" and shown on Exhibit "B" (Attachment 1).
RECOMMENDATION
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACATION TO ABANDON A CITY OF FULLERTON WATER LINE EASEMENT OVER A PORTION OF 4100 NORTH HARBOR BOULEVARD AND 4030 NORTH HARBOR BOULEVARD.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The City will not incur costs in association with abandonment of the easement.
DISCUSSION
City Council adopted Resolution No. 2018-51 (Attachment 3) on September 18, 2018 to vacate two waterline easements conflicting with the commercial development project located at the northwest corner of Harbor Boulevard and Imperial Highway, more specifically 4100 North Harbor and 4030 North Harbor Boulevard.
The vacation of existing city-owned easements typically approved after new easement(s) for the proposed location of City’s facilities are dedicated to the City. The developer adhered to this requirement and on August 21, 2018, recorded an easement, Document Number 2018000305444 (Attachment 4), in favor of the City for the proposed area to relocate the City's facilities.
The City did not install water facilities during construction at the proposed location within the dedicated easement, resulting in a need to adjust the location of the water easement. Adjusting the water easement includes the following steps:
The developer shall dedicate a new easement to the City of Fullerton that accommodates relocated City water facilities as constructed. The developer recorded such easement on May 19, 2022, Document Number 2022000186935 (Attachment 4) Summary vacation of the easement (Document Number 2018000305444) not utilized for the relocation of water facilities is required. The City will, to ensure clear title, convey a quitclaim deed, relinquishing all right, title and interest to the area being vacated, in favor of the developer (Attachment 6).
Vacation of the easement is appropriate as the City does not use it for the intended purpose and will not have any future use. Pursuant to Streets and Highways Code Chapter 8335, the City may process a summary vacation abandoning the subject easement for water line and incidental purposes as no public facilities are located within said easement.
Attachments:
Attachment 1 – Draft Resolution No. 2022-XXX
Attachment 2 – Resolution No. 2018-51
Attachment 3 – Existing Easement, Document Number 2018000305444 Attachment 4 – Existing Easement, Document Number 2022000186935 Attachment 5 – Draft Quitclaim Deed
cc: City Manager Eric J. Levitt
Summary Vacation 4100 and 4300 North Harbor Boulevard
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