ABANDONMENT OF A PORTION OF A PUBLIC UTILITY EASEMENT RANCHO SAN MIGUEL MARKET June 21, 2005 Agenda Item 9.01

RECOMMENDATION Authorize the abandonment of a portion of a public utility easement for the Rancho San Miguel Market.

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DISCUSSION On April 10, 2001, the City Council adopted Resolution No. 01-0162 abandoning a portion of the Airport Way Frontage Road. That abandonment eliminated numerous problems associated with the adjoining properties and provided additional space for development. A public utility easement was reserved over the entire abandonment area for existing utilities.

DISCUSSION Later, the Rancho San Miguel Market was constructed at the southwest corner of East Charter Way and South Airport Way. In support of this development, Council has authorized three street right-of-way abandonments and the dedication of a portion of East First Street was also processed. The subject abandonment is necessary as the canopy for the gasoline service station was found to encroach into the public utility easement.

DISCUSSION A large portion of the easement is no longer necessary for utility use (see attached map). All City Departments and local utilities were notified and there were no concerns regarding the proposed abandonment, as there are no facilities located in the subject area. Fee title to the abandonment area is vested in BCG #1, LLC, a California limited liability company and Short Ingalls, LLC, a California limited liability company.

Notification Abandonments require advertising in the legal notice section of The Record once each week for two successive weeks. This has been completed. The proposed abandonment area was also posted two weeks prior to the public hearing. In conformance with legal requirements, a total of 3 notices were posted.

SUMMARY In 2001, a portion of the Airport Way Frontage Road was abandoned at the southwest corner of East Charter Way and South Airport Way. This abandonment eliminated several problems in the area and provided additional space for development. Later, the Rancho San Miguel Market was constructed at this location.

SUMMARY It was subsequently determined that the canopy constructed for the gasoline service station encroaches into a public utility easement. A large portion of the easement is no longer necessary for utility use. The developers, BCG #1, LLC, and Short Ingalls, LLC, have applied for abandonment of the unneeded area.