Special Notice / Hearing: Publication/ Posting
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Resolution to summarily vacate an alley way located between Lots 13 and 14, Block 704, Highlands of Emerald Lake Subdivision, County of San Mateo
RECOMMENDATION:
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Adopt a resolution authorizing:
A) The summary vacation of an alley way (“Alley Way”) located between Lots 13 and 14, Block 704, Highlands of Emerald Lake Subdivision, pursuant to California Streets and Highways Code Section 8330, et seq; and
B) The Clerk of the Board to cause a certified copy of this Resolution of Summary Vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the San Mateo County Recorder pursuant to Streets and Highways Code Section 8336(a), that upon such recordation, thereby declaring the vacation of the Alley Way complete.
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BACKGROUND:
A strip of land (hereinafter “10-Foot Strip of Land”), was originally dedicated to public use on a subdivision map and accepted by the Board of Supervisors by the language appearing on the Highlands of Emerald Lake Subdivision Map recorded in March 1929 in 17 R.S.M. Page 42 as signed by the Clerk of the Board on April 1, 1929, of Official Records.
The County’s Department of Public Works desires to summarily vacate a segment (hereinafter the “Alley Way”) of the 10-Foot Strip of Land, legally described and depicted on Exhibits A and B and attached and incorporated within said Board resolution.
DISCUSSION:
The legislative body of a local agency may summarily vacate a public right of way that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Section 8333(a).
This Board of Supervisors is the “legislative body” of the County of San Mateo, a “local agency”, as these terms are defined in Streets and Highways Code Sections 8304(a) and 8305.
County staff has contacted and confirmed with the local public utility agencies and companies operating in the vicinity of the Property that there are no in-place public utility facilities that are in use within the Alley Way and that such agencies and companies have no objection to the County’s proposed vacation of the Alley Way.
County staff have investigated and found that the Alley Way has not been used for five consecutive years immediately preceding the proposed vacation.
Notice of the proposed vacation was given by publishing and posting as required respectively by Sections 8322(a) and 8323 of the California Streets & Highways Code, and affidavits of publication and posting are on file with the Clerk of this Board.
The Board of Supervisors’ adoption and recordation of Resolution of Summary Vacation and the recordation thereof will permanently vacate, abandon, and extinguish the County’s interest in the vacated Alley Way.
County Attorney has reviewed and approved the resolution as to form.
COMMUNITY IMPACT:
The County of San Mateo is dedicated to preserving the County’s property interests for current and future County infrastructure purposes. This Board action does not affect the County’s ability to ensure vital infrastructure and critical utility services for County purposes.
FISCAL IMPACT:
There is no net county cost for this action.