Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Manager
Subject: Resolution to summarily vacate an unused segment of a 10-foot public utility easement over County-owned Assessor’s Parcel Number 075-094-010, also known as 17282 Skyline Boulevard in unincorporated Woodside, County of San Mateo
RECOMMENDATION:
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Adopt a resolution to summarily vacate an unused segment of a 10-foot public utility easement (public service easement) over County-owned Assessor’s Parcel Number 075-094-010, also known as 17282 Skyline Boulevard in unincorporated Woodside, County of San Mateo.
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BACKGROUND:
The County of San Mateo owns 17282 Skyline Boulevard in unincorporated County of San Mateo, where the existing fire station has been remodeled. An unused segment of a public utility easement crosses in front of the station and encumbers the parcel. The easement segment is 10 feet wide and approximately 424 feet long and runs immediately in front of the station. Due to the alignment of Skyline Boulevard, the easement is not situated parallel to the road but set back significantly from the road where it encumbers the fire station.
DISCUSSION:
Real Property Services has processed a summary vacation of the unused segment of the public utility easement (a form of a Public Service Easement) under Public Street, Highways, and Service Easements Vacation Law (California Streets and Highways Code Division 9, Part 3, Chapter 4 (commencing at Section 8330), which provides for a summary vacation when an easement has not been used for the purposes for which it was dedicated or acquired for five consecutive years prior to the vacation.
The Department of Public Works investigated and determined that this segment of the Public Utility Easement has not been used for the purposes for which it was dedicated for the past five consecutive years. Notices about the proposed vacation were sent to various public agencies and utility providers that could have active facilities within the easement. Pacific Bell Telephone Company, dba as AT&T California (“AT&T”), maintains a communications facility on the parcel under a Land Use Permit from the County dated February 9, 1982 (“Permit”). Those facilities are located in a small structure on the County property that is not situated within the Public Utility Easement, but AT&T maintains some lines to their structure that overlap a small corner of the easement area. AT&T was notified of the proposed vacation and responded that it has no objection to the vacation. Cal Water was notified and responded to say that the Public Utility Easement could be useful for utility purposes and might be a benefit to their customers in the future. Cal Water did not, however, state that it presently maintains, or during the past five consecutive years has maintained, any lines or facilities in the easement segment, nor did Cal Water indicate that it has plans in place for future infrastructure.
The Planning Commission has reviewed the proposed summary vacation and found it to conform to the General Plan.
The proposed summary vacation of the Public Utility Easement is categorically exempt from review under the California Environmental Quality Act (CEQ) pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use.
County Counsel has reviewed and approved the resolution as to form. The Director of the Project Development Unit concurs in this recommendation.
FISCAL IMPACT:
There is no net county cost for this action.