Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 4, 2025
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: STEPHEN BISE, PUBLIC WORKS DIRECTOR
PREPARED BY: DAVID GRANTHAM, CITY ENGINEER
JUAN ZAVALA, PRINCIPAL CIVIL ENGINEER
SUBJECT: SUMMARY VACATION ABANDONING SEWER AND PUBLIC UTILITY EASEMENTS OVER PORTION OF PROPERTY AT NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES (THE HUB DEVELOPMENT)
SUMMARY
This action considers vacating an easement for sewer and appurtenant structures purposes and a public utility easement for the Hub development. The easements are on the property located at the northeast corner of the intersection of Chapman and Commonwealth Avenues.
PROPOSED MOTION
Adopt the following resolutions:
RESOLUTION NO. 2025-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACATION TO ABANDON A CITY OF FULLERTON SEWER EASEMENT OVER A PORTION OF THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES RESOLUTION NO. 2025-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACATION TO ABANDON A CITY OF FULLERTON PUBLIC UTILITY EASEMENT OVER A PORTION OF THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Other options brought by City Council.
STAFF RECOMMENDATIONS
Staff recommends the proposed motion.
CITY MANAGER REMARKS
The City Manager concurs with the staff recommendation.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The City would not incur costs associated with abandoning easements.
BACKGROUND AND DISCUSSION
The easements are on private property at the northeast corner of Chapman and Commonwealth Avenues. City Council approved a project known as ‘The Hub’ (Resolution Nos. 2022-006, -007, -008 and -009) at the site on January 18, 2022. The Hub is a student-oriented housing development up to 377 units with additional ground floor commercial space.
The City has a 20-foot-wide sewer easement (Attachment 1) and a 10-foot-wide public utility easement (Attachment 2) that conflict with the proposed development. The City has deemed these easements unnecessary for continued use and will vacate, following removal and relocation of existing facilities within the easements and proper recording of new utility easements, as needed.
The project satisfied the following requirements:
existing sewer facilities removed and relocated to a City-approved location new 20-foot-wide underground sanitary sewer easement dedicated to the City, as shown on Parcel Map No. 2020-173, recorded July 26, 2023 (Attachment 3) AT&T facilities previously located within the public utility easement relocated to utility owner satisfaction. AT&T has quitclaimed their easement that overlapped with the public utility easement (Attachment 4).
No other public utilities exist within the subject public utility easement. No utility companies notified about the proposed abandonment had objections to this action.
Summary vacation of these easements is appropriate pursuant to Street and Highways Code Sections 8334 through 8336. The City may process a summary vacation abandoning the easement as public utility relocation superseded this and the City will not use the easements for their intended purpose.
Attachments:
Attachment 1 – Resolution No. 2025-XXX
Attachment 2 – Resolution No. 2025-XXX
Attachment 3 – Parcel Map No. 2020-173
Attachment 4 – AT&T Easement Quitclaim Deed
cc: City Manager Eric J. Levitt
The Hub Summary Vacation
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