City Council
October 04, 2022
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AGENDA REPORT
TO: Edward D. Reiskin FROM: Fred Kelley, Director,
City Administrator Oakland Department
of Transportation
SUBJECT: Summarily Vacate Sewer Easement
1017 Portal Avenue
DATE: September 2, 2022
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Approve A Resolution Summarily Vacating An Unused Public Sewer Easement Located At 1017 Portal Avenue To The Property Owner , David Marshall Perkins, And Adopting Appropriate California Environmental Quality Act Findings.
EXECUTIVE SUMMARY
Approval of this proposed resolution will authorize the City Engineer to issue a vacation permit summarily vacating a portion of an existing unused sewer easement at 1017 Portal Avenue and authorize the City Engineer to file a certified copy of the resolution with the Alameda County Clerk-Recorder for recordation.
The portion of the sewer easement on the private property at 1017 Portal Avenue is no longer necessary for any future public purpose. Public sewer infrastructure serving the subject parcel has been built and verified to be in the public right of way on Portal Avenue.
BACKGROUND / LEGISLATIVE HISTORY
There is an existing five-foot wide public sewer easement located on private property, parcel (APN 011-0877-028-01), which runs approximately 32.7 feet. The subject easement was dedicated for the purpose of reserving land for future sanitary sewer infrastructure to be installed to serve the subject parcel, however, said infrastructure has been installed in the dedicated portion of Public Right of Way known as Portal Avenue.
Said easement was dedicated through the subdivision map “Map of Crocker Oaks” filed November 09, 1913, in book 28 Page 37, Alameda County Records.
The sewer was ultimately constructed in the public right of way within Portal Avenue.
Sep 27, 2022
Edward D. Reiskin, City Administrator
Subject: Summarily Vacating Sewer Easement at 1017 Portal Ave Date: September 2, 2022 Page 2
City Council
October 04, 2022
The property owner, David Marshall Perkins, has filed an application (PPE2100054) for the City to vacate the easement to relieve the property of the easement burden.
ANALYSIS AND POLICY ALTERNATIVES
The process for vacating public easements is prescribed by the California Streets and Highways Code (sections 8333 and 8334.5). The City Council may summarily vacate an easement by resolution if the easement has not been used for five (5) preceding years and there are no public utilities within the easement.
David Marshall Perkins, owner of real property known as 1017 Portal Avenue (APN 011-0877- 028-01), has submitted an application (PPE 2100054) to the City Engineer of the City of Oakland to summarily vacate an unused public sewer easement which serves said parcel.
Said Owner does not have an application for building permits and has submitted the vacation application to relieve the subject property of the unused easement.
Consideration of the proposed sewer easement vacation will promote the Citywide priority of a responsive, trustworthy government. Throughout this process, staff have responded to and have been working with the property owner to present the vacation request to council.
The limits of the easement proposed for vacation are delineated diagrammatically and described textually in Exhibits B and C to the resolution.
FISCAL IMPACT
Staff costs for processing the proposed summary vacation permit are covered by fees set by the Master Fee Schedule and have been paid by the Applicant.
PUBLIC OUTREACH / INTEREST
No public outreach has been performed. The intent of the easement is to serve the subject property only.
COORDINATION
The permit application was coordinated with Planning and Building Department, Budget Bureau, Economic and Workforce Development Department, and the Office of the City Attorney. The Office of the City Attorney has reviewed the resolution for form and legality, and the Controller’s Bureau has reviewed this agenda report.
Edward D. Reiskin, City Administrator
Subject: Summarily Vacating Sewer Easement at 1017 Portal Ave Date: September 2, 2022 Page 3
City Council
October 04, 2022
SUSTAINABLE OPPORTUNITIES
Economic – No significant economic impact has been identified.
Environmental – No significant impact on the environment has been identified.
Race and Equity – No significant impact on Race and Equity has been identified.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The summary vacation of the public utilities easements is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations.
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Approve A Resolution Summarily Vacating An Unused Public Sewer Easement Located At 1017 Portal Avenue To The Property Owner, David Marshall Perkins, And Adopting Appropriate California Environmental Quality Act Findings.
For questions regarding this report, please contact Ishrat Jahan, Engineering Design and Right- of-Way Supervisor at (510) 238-7116.
Respectfully submitted,
Fred Kelley, Director
Department of Transportation
Reviewed by:
Ariel Espiritu Santo, Assistant Director,
Department of Transportation
Prepared and reviewed by:
Ishrat Jahan, P.E., Supervising Civil Engineer,
Department of Transportation
Fred Kelley (Sep 27, 2022 12:55 PDT)
Fred Kelley