To: Board of Supervisors
From: Public Works
Agenda Section: Consent
SUBJECT:
title
Resolution to Summarily Vacate a One-Foot, Non-Vehicular Access Easement Along Nancy Court (3J428) in Eureka
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution to summarily vacate a one-foot, non-vehicular access easement along Nancy Court (3J428); and
2. Direct the Clerk of the Board to record, via the Land Use Division of the Department of Public Works, a fully executed certified copy of the attached resolution in the Office of the County Recorder.
Body
SOURCE OF FUNDING:
Road Fund 1200-325
DISCUSSION:
The Humboldt County Department of Public Works received a request from Janet and Jeffrey Boomgarden, property owners of 5364 Alpine Court, Eureka, California, to vacate a one-foot non-vehicular access easement along Nancy Court to allow a new driveway to be built for a proposed accessory dwelling unit behind their primary residence.
The non-vehicular access easement was created by Tract Map No. 317, Joanie Marie Subdivision, Unit No. 2, recorded in the Office of the County Recorder in Book 19 of Maps, pages 89 and 90. Nancy Court dead ends at the rear property line of the Boomgarden's property. The subject site is known as Assessor Parcel Number 302-121-072.
The proposed vacation is being processed via the Summary Vacation Procedures of the California Streets and Highways Code, commencing with Section 8330, and specifically Section 8333(c). Section 8333(c) states a legislative body of a local agency may summarily vacate a public service easement that has been superseded by relocation, or determined to be excess by the easement holder, when there are no other public facilities located within the easement. Further, Nancy Court is a one-block long street containing only thirteen (13) residences. The Department of Public Works has determined that the easement can be vacated without detriment to the county or s...
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