File #: 2016-515    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/21/2016 In control: City Council Special Meeting
On agenda: 11/30/2016 Final action: 11/30/2016
Title: Vacation 2016-01: Resolution of Intention to Vacate a Portion of an Utility Easement on Sunair Road, between Melrose Drive and Palo Verde Drive
Attachments: 1. Vac 22016-01 CCBC Sunair ROI, 2. VAC 2016-01 Exhib. A and B, 3. reso. 97-65 not recorded
City Council

MEETING DATE: 11/30/2016
TITLE:
Title
Vacation 2016-01: Resolution of Intention to Vacate a Portion of an Utility Easement on Sunair Road, between Melrose Drive and Palo Verde Drive
End

FROM:
John A. Corella, P.E. - City Engineer

RECOMMENDATION:
Recommendation
Staff recommends the City Council adopt a Resolution of Intention to vacate a portion of an 80 foot wide utility easement reserved from the vacation of Sunair Road in 2002, between Melrose Drive and Palo Verde Drive, and setting a public hearing, on Wednesday, January 11, 2017 at 6:30 pm in the City Council Chambers.
Body


BACKGROUND:
In 1997, the owner of the resort hotel located on Sunair Road (since re-named to Gay Resort Drive) applied to the City for the vacation of all of Sunair Road, along the frontage of the hotel, between Melrose Drive and Palo Verde Drive. The City conditionally approved this vacation, and several years later, after the conditions were met, the City recorded Resolution 97-65, which vacated the street. Because of the existence of a number of utilities in this street, the entire 80 foot width of Sunair Road was reserved as a utility easement as part of the vacation.
Over the years, the ownership of the resort changed, and the resort has been improved. The current owners have submitted an application for Conditional Use Permit CUP 2016-039, to allow for the construction of a restaurant inside the resort. The plans for the new restaurant show that it will encroach into the vacated street and reserved utility easement by over 30 feet. At least one utility, a gas line, must be relocated to allow construction of the restaurant. The owners have therefore requested that the City vacate a portion of the reserved utility easement to clear the proposed restaurant.

DISCUSSION:
The vacation procedure begins with the adoption of the attached Resolution of Intention, which schedules a public hearing date, and directs the publication and noticing of the hearing...

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