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SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Lisa Marie Court Summary Vacation
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RECOMMENDED ACTION:
Adopt Resolution of Summary Vacation of Portions of Lisa Marie Court
REPORT SUMMARY:
History:
In 1987, the City approved a five-lot subdivision (Tract No. 7919) on Saratoga Avenue north of
Fruitvale. A short cul-de-sac named Lisa Marie Court was constructed and dedicated to the City as part
of the development and five homes were built.
Eight years later, a large adjacent property located at the end of Lisa Marie Court was subdivided into
eight new lots (Tract No. 8560). Improvements for the new development included realignment and
extension of Lisa Marie Court. Since the new street was partially relocated, portions of the old street
were no longer needed. The developer was required to remove the old street pavement and extend
landscaping in front yards of the existing five homes. The new street was built including the extensions
of the front yards and renamed to Kerwin Ranch Court. While all the improvements were completed, the
abandonment of the old right-of-way was never formally completed by the developer.
Discussion:
Recently, the owners of 19413 Kerwin Ranch Court requested that the City vacate the portion of Lisa
Marie Court along their frontage.
Staff reviewed the request and determined that the criteria for summary vacation are satisfied. The City
Council can act on the request by adopting the attached resolution. The resolution sets forth the findings
for causing a summary vacation of the street which are:
a) For a period of five consecutive years, the street has been impassable for vehicular travel.
b) No public money was expended for maintenance on the street during such period.
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The City Surveyor has prepared plans and descriptions of the portions to be vacated for each of the five
affected parcels. The documents are attached to the Resolution. The vacated street sections can be easily
merged with the parcels.
Although only one property owner requested the street vacation, staff believes it is more cost-effective to
abandon all sections of the former street right-of-way at the same time. Attached is a map (Tract Map for
Tract 8560) showing Kerwin Ranch Court and the reminder of the Lisa Marie Court that is subject to the
summary vacation. In addition, attached is an aerial view of the same area showing the existing
improvements.
No other easements identified, described or delineated on the Tract Map for Tract 7919 are vacated by
the City at this time.
It is therefore recommended that City Council adopt the attached resolution vacating the street.
FISCAL IMPACTS:
Cost to prepare the plat plans and the legal descriptions of the street portions to be vacated by the City
Surveyor was $2,500.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Former street will not be vacated at this time.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Resolution of Summary Vacation shall be recorded.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution of Summary Vacation of Portions of Lisa Marie Court
2. Tract Map – Tract 7919 (Lisa Marie Court shown)
3. Tract Map – Tract 8560 (Lisa Marie Court and Kerwin Ranch Court shown)
4. Aerial View