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Page 1 of 4 Item #11 CITY COUNCIL AGENDA REPORT July 16, 2024 Public Works - Engineering Division TITLE: ADOPT A RESOLUTION OF SUMMARY VACATION FOR PUBLIC SERVICE EASEMENT AT 4035 EQUUS COURT (TRACT 6275 LOT 6) SUMMARY In 1991, the subdivider of Tract 6275 dedicated public easements within the Equus Heights residential subdivision, including easements that encumber the property at 4035 Equus Court (Tract 6275 Lot 6), which is currently owned by 1400 Foothill LLC. 1400 Foothill LLC has developed plans to construct the required infrastructure within Tract 6275 so homes can be built on the vacant lots. While the proposed home for Lot 6 conflicts with a Public Service Easement (PSE) granted to the City, for Tract 6275 the utility networks have been designed such that the PSE across Lot 6 can be vacated in favor of a replacement PSE that avoids a conflict with the planned home. Therefore, if the City Council adopts the proposed resolution, the originally granted 20-foot-wide PSE will be replaced with a 10-foot-wide PSE in the same general location. The City sent formal notices to utility purveyors asking whether they would object to the vacation process. No objections were received. The owner of Tract 6275 is now ready to move forward with the construction of subdivision improvements, subject to the City’s processing of the easement vacation. Staff is recommending the City Council adopt a resolution of summary vacation for the PSE at 4035 Equus Court. RECOMMENDATION Adopt a resolution of Summary Vacation for Public Service Easement at 4035 Equus Court (Tract 6275 Lot 6) based on the following recommendations: 1. The City Council is asked to summarily vacate a public service easement having found that the easement will be superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement (§8333(c)). 2. The City Council may vacate a street, highway, or public service easement by adopting a Resolution of Summary Vacation (§8335(a)(1)). 3. The Resolution of Summary Vacation must state the following (§8335(b)): a. That the vacation is made under this chapter. b. That the vacation area is precisely described. c. That the facts under which this summary vacation is made are as stated in this report. d. That from and after the date this Resolution of Summary Vacation is recorded with the Alameda County Recorder’s Office, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement. e. That notice of the Resolution of Summary Vacation has been provided to all Page 225 of 782