HomeMy WebLinkAboutReso 190-2021 (20-298)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 190-2021
File Number: 20-298 Enactment Number: RES 190-2021
A RESOLUTION APPROVING THE SUMMARY
VACATION OF PUBLIC UTILITY EASEMENTS ON
THE FOLLOWING PROPERTIES: APNS 012-314-100
(405 CYPRESS AVENUE), 012-314-110 (204 MILLER
AVENUE), 012-314-180 (208 MILLER AVENUE),
012-314-190 (214 MILLER AVENUE), AND
012-314-220 (216 MILLER AVENUE) TO ALLOW FOR
DEVELOPMENT OF THE PROPERTIES.
WHEREAS, in order to facilitate a proposed development project, it is recommended that the
City Council adopt a resolution approving the summary vacation of public utility easements ("Public
Utility Easements") on the following properties, APNs 012-314-100 (405 Cypress Avenue), 012-314-110
(204 Miller Avenue), 012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and
012-314-220 (216 Miller Avenue) ("Cadence 2 Properties"); and,
WHEREAS, the Public Utility Easements are shared between the City of South San Francisco
("City") and private utility companies, such as Pacific Gas & Electric ("PG&E"), AT&T, Comcast, and
California Water Service ("CalWater); and,
WHEREAS, the Public Utility Easements to be vacated are described by plot and legal
descriptions in Exhibit A; and,
WHEREAS, the approval has been obtained from PG&E, AT&T, Comcast, and CalWater for
vacation of the easements; and,
WHEREAS, City -owned utility facilities, such as for sewer and storm drain, are not found to
be within the Cadence 2 Properties and as a result, there is no requirement to relocate utilities from the
Cadence 2 Properties to the public right-of-way; and,
WHEREAS, vacation of the Public Utility Easements does not eliminate the ability of the City,
nor the private utility companies, from providing service to existing and future uses; and
WHEREAS, as the Public Utility Easements located on the Cadence 2 Properties have not
been used for the purpose for which they were dedicated or acquired for five consecutive years
immediately preceding the proposed vacation, and thus, they may be summarily vacated pursuant to
Streets and Highways Code section 8333; and,
WHEREAS, as staff has concluded that these Public Utility Easements are not necessary for
the provision of utility services and the private utility companies have also approved of the vacation,
staff recommends that the City Council adopt a resolution to summarily vacate the easements within the
Cadence 2 Properties.
City of South San Francisco Page 1
File Number. 20-298
Enactment Number: RES 190-2021
THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco
hereby takes the following actions:
Approves of the summary vacation of the Public Utility Easements located within the
properties: APNs 012-314-100 (405 Cypress Avenue), 012-314-110 (204 Miller Avenue),
012-314-180 (208 Miller Avenue), 012-314-190 (214 Miller Avenue), and 012-314-220
(216 Miller Avenue).
2. Authorizes the City Manager to execute the necessary documents to effectuate the
summary vacation of the Public Utility Easements, subject to review and approval as to
form by the City Attorney, and take any other action necessary to accomplish the intent
of this resolution.
At a meeting of the City Council on 11/10/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Coleman, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by
osa Govea Acosta, City Clerk
City of South San Francisco Page 2
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EXHIBIT “A”
LEGAL DESCRIPTION
FOR: PUBLIC UTILITY EASEMENT VACATION
ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE PUBLIC UTILITY EASEMENTS AS DESCRIBED IN THE DOCUMENTS BELOW, LYING
WITHIN PARCEL A, AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED ON
____________________, AS INSTRUMENT NO. ____________________, OFFICIAL RECORDS OF SAN
MATEO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PUBLIC UTILITY EASEMENT #1
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED AUGUST
09, 1894 IN BOOK 62 OF DEEDS, AT PAGE 157, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #2
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED APRIL 12,
1929 IN BOOK 406, AT PAGE 491, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #3
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED APRIL 12,
1929 IN BOOK 412, AT PAGE 26, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #4
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED APRIL 12,
1929 IN BOOK 412, AT PAGE 26, SAN MATEO COUNTY RECORDS.
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EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #5
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED
NOVEMBER 19, 1932 IN BOOK 577, AT PAGE 295, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #6
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED
NOVEMBER 23, 1932 IN BOOK 583, AT PAGE 131, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
PUBLIC UTILITY EASEMENT #7
ALL THAT CERTAIN EASEMENT SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED APRIL 20,
1937 IN BOOK 734, AT PAGE 463, SAN MATEO COUNTY RECORDS.
EXCEPTING THEREFROM ANY PORTION OF SAID EASEMENT LYING WITHIN THE PUBLIC RIGHT OF
WAY.
AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
LEGAL DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC.
09/02/2020
DATE RODNEY A. STEWART II, P.L.S. 9225