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HomeMy WebLinkAboutAgenda Statement 1983/11/15 Item 9 COUNCIL AGENDA STATEMENT Item 9 Meeting Date 11/15/83 ITEM TITLE: Resolution //4153 Proceeding under the Street Vacation Act of 1941 to summarily vacate pedestrian access easement on Lots 262 and 263 of El Rancho del Rey, Unit No. 5 OWSUBMITTED BY: City Engineer (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager Recently, the owners of Lots 262 and 263 of El Rancho del Rey, Unit No. 5 (1021 and 1017 Arroyo Drive, respectively) applied for an encroachment permit to close off drainage easements situated along their common property line (see Exhibit A) . Actually, these easements are combined drainage and pedestrian easements which were granted on the subdivision map. Since the easements were granted on Subdivision Map No. 8723 in November 1977, the pedestrian access has not been used for its intended purpose. Now that this easement terminates in a gully due to grading of El Rancho del Rey, Unit 6B, it would be to the City' s benefit to vacate the access portion of the easement and consequently allow the property owners to erect the fences as they requested. RECOMMENDATION: That the City Council adopt the subject resolution vacating the pedestrian access easements. BOARDS/COMMISSIONS RECOMMENDATION: No action is necessary by the Planning Commission; however, the Planning staff has concurred with this vacation. DISCUSSION: On September 1, 1983, a letter signed by Joyce Cellilli, owner of the property at 1017 Arroyo Drive, and Isagani and Sandra Santos, owners of the property at 1021 Arroyo Drive, was submitted to the Engineering Department. The letter requests an encroachment permit to allow them to construct a fence across the 20-foot drainage easement (10 feet wide on each of the properties) . Some of the reasons cited for wanting to fence the area: a. Illegal alien traffic. b. Youngsters riding motorcycles and mopeds creating a nuisance. c. Several fires have been set in the weeds within the easement area. In researching our records, we found that the easements as dedicated are combined drainage and pedestrian access easements. They were dedicated on Map No. 8723 which was recorded on November 23, 1977. The reason for the access easement being granted in this location was its proximity to a proposed neighborhood park in El Rancho del Rey, Unit No. 6. Page 2, Item 9 Meeting Date 11/15/83 However, as Unit 6 is developed, the park is no longer at that location. The grading plan calls for a 2:1 slope almost 50 feet high to be built at a point 100 feet east of the end of the easement. There is a San Diego Pipeline easement 100 feet wide reaching north and south from the easterly end of the pedestrian easement. This land is being left natural and slopes upward rather steeply both to the north and to the south. The result is an access easement from a public sidewalk to a gully. Overall, it would be beneficial to the City to eliminate foot traffic altogether. This could be accomplished by abandoning the pedestrian easement and issuing an encroachment permit to allow the property owners to close off the area within the remaining drainage easement. We will require access to be available for City crews at all times, however. The Street Vacation Act of 1941, Section 8333 of the Streets and Highways Code, allows the legislative body of a local agency to summarily vacate a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. In accordance with that provision, the pedestrian access portion of this easement may be vacated by the adoption of the subject resolution. The City will retain the drainage easement to maintain the underlying 36-inch storm drain. There are no public utilities other than the City' s storm drain within this easement. Slides are available for Council viewing. FISCAL IMPACT: None JWH:nr/PV-003 WPC 0773E fir• / ete-40.._:� � ,r p �. .