STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 23, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer Patrick Tang, City Attorney
SUBJECT: Vacation of a 1-Foot Wide, Non-Access Strip Across Skelly at the Entrance to Owl Ranch and Reversion to a Public Access Easement RECOMMENDED ACTION:
Approve a resolution to summarily vacate a one-foot wide, non-access strip over all of Lot D dedicated on the final map of Subdivision 5338.
BACKGROUND:
When the final map for Subdivision 5338 “Bayside Village Phase 2” was recorded at the County in 1983, it established a one-foot wide, non-access strip over all of Lot “D” across Skelly at the entrance to Owl Ranch, formally known as 215 Skelly or the McCloud Ranch.
Lot “D” of Subdivision 5338 – 1 foot wide non-access strip The intent of this one-foot wide non-access strip, which was created 40 years ago, is no longer known. D.R. Horton, the Owl Ranch developer who is the new owner of the property, is now requesting the City remove the strip from the map to formally clear access to their residential development, which is fully entitled.
ANALYSIS:
The California Streets and Highways Code Section 8333(a) provides the City Council with the authority to summarily vacate a public service easement provided the easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation.
The 1-ft wide, non-access strip over Lot D fits within the definition of “public service easement” in California Streets and Highways Code Section 8306 and has been in open and notorious use for well over the specified period.
Once the 1’ wide non-access strip over all of Lot D as shown on the final map of Subdivision 5338 and as described and shown in said Exhibit A is summarily vacated, said Lot D shall revert to a public access and utility easement as described and shown in said Exhibit B.
FISCAL IMPACT:
There is no fiscal impact to this action.
ATTACHMENTS:
Attach 1- Resolution including Exhibits A & B