title
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF TWO WATERLINE EASEMENTS AT WESTLAKE VILLAGES NO. 1 AND UNIT NO. 5; ONE PUBLIC UTILITY EASEMENT AT WESTLAKE VILLAGES UNIT NO. 18
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of two waterline easements at Westlake Villages Unit No. 1 and Unit No. 5; and one public utility easement at Westlake Villages Unit No. 18
2. Authorizing the filing of a Notice of Exemption No. NOE 48-24 under the California Quality Act for the vacation of two waterline easements at Westlake Villages Unit No. 1 and Unit No. 5; and one public utility easement at Westlake Villages Unit No. 18.
3. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
body
Summary
The applicant, Stockton Westlake Investment, LLC (“Developer”), is requesting the summary vacation (abandonment) of two 10-foot waterline easements and one 10-foot public utility easement due to no longer being in use. The easement abandonments are located on real property of the Westlake Villages, Unit No. 1, Unit No. 5, and Unit No.18.
• The first waterline easement abandonment is in Westlake Villages Unit No. 1, located at 6010 Westlake Drive (APN 066-050-60). Fee title to the vacated area is owned by Lodi Unified School District (Attachment A - Vicinity and Aerial Map [APN 066-050-60]).
• The second waterline easement abandonment is in Westlake Villages Unit No. 5, located at 10940 Portside Drive (APN 066-410-19). Fee title to the vacated area is owned by Ade Sampson and Latoya Asha Luces (Attachment B - Vicinity and Aerial Map [APN 066-410-19]).
• The public utility easement abandonment is in Westlake Villages Unit No. 18, located at 10066 Talung Drive (APN 066-520-22). Fee title to the vacated area is owned by Satvir Singh & Simar Kaur (Attachment C - Vicinity and Aerial Map [APN 066-520-22]).
All City Departments were notified of the proposed vacations at these sites, and no objections were received. The local utilities were not notified because there are no other utilities other than waterlines within the easements. The waterlines were owned and maintained by the City to support phases of development of the Westlake Villages subdivision. Construction of Westlake Villages in the area of the waterline and public utility easements has been completed, making these temporary easements obsolete. The abandonment of the three easements will have no impact to the owners of the parcels.
DISCUSSION
Background
On October 7, 2021, an Easement Deed was recorded in Document No. 2021-168726 with the San Joaquin County Recorder that granted a 10-foot waterline easement to the City of Stockton. This action created the 10-foot waterline easement located at 6010 Westlake Drive (APN 066-050-60) in Westlake Villages Unit No. 1.
On May 1, 2019, an Easement Deed was recorded in Document No. 2019-044192 with the San Joaquin County Record that granted a 10-foot waterline easement to the City of Stockton. This action created the 10-foot waterline easement located at 10940 Portside Drive (APN 066-410-19) in Westlake Villages Unit No. 5.
On September 14, 2021, the City Council adopted Resolution No. 2021-09-14-1205 to approve the Westlake Villages Subdivision Agreement, Unit No. 18, Tract No. 3592, and the recordation of the Final Subdivision Map. Additionally, City Council accepted on behalf of the public all offers of dedications for the purposes designated and authorized by the recordation of the map. This action created the 10-foot public utility easement located at 10066 Talung Drive (APN 066-520-22) in Westlake Villages Unit No. 18.
The public utility easements proposed for abandonment were temporary utility easements built to allow the construction of the subdivision. The waterlines have since been abandoned in the field by the Municipal Utility Department.
Present Situation
The proposed area to be vacated consists of a total of 0.34 acres. The waterline easements and public utility easement proposed to be vacated are not in use and will have no impact on current City water services, nor the owners of the parcels.
The City may perform this proposed public utility and water easement vacation as a summary vacation under Division 9, Part 3, Section 8333, et. Seq. of the California Streets and Highway Code, and a public hearing is not required. That code section provides, in relevant part:
“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities within the easement.”
The Municipal Utilities Department concurs with the proposed vacation of these waterline easements and public utility easements located across assessor parcel numbers: 066-050-60, 066-410-19, and 066-520-22, respectively. The Developer has completed the construction of the water system to serve the Westlake Villages Unit No. 1, Unit No. 5 and Unit No. 18. Consequently, it is recommended that the City Council approve the proposed resolution abandoning these easements.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section(s): 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that its activity conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Stockton Westlake Investment LLC, has paid the necessary fees to proceed with these abandonments. There is no financial impact to the City.
Attachment A - Vicinity and Aerial Map (APN 066-050-60)
Attachment B - Vicinity and Aerial Map (APN 066-410-19)
Attachment C - Vicinity and Aerial Map (APN 066-520-22)