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BACKGROUND The City was contacted by the property owner at 287 Old Bernal Avenue, Ms. Fung Shuen, about the possibility of the City granting to her a portion of excess City right of way located on the northeast corner of Old Bernal Avenue and Augustine Street. This right of way area was dedicated to the City in fee title in 1975 by a grant deed from Chris Beratlis et al., in conjunction with a previous development application. According to Fung Shuen, she has been maintaining the area between her building and the sidewalk since she purchased the property. Excess Right of Way According to the right of way maps prepared for the Bernal Avenue Realignment filed in 1965, Augustine Street was supposed to intersect Bernal Avenue at a 90 degree angle (See Attachment 2). However, according to the improvement plans for the reconstruction of Augustine Street that was completed in 1986, only the curb returns at the intersection of Augustine Street and Old Bernal Avenue were reconfigured. Consequently, there is excess right of way on the northeast corner of Augustine Street and Old Bernal Avenue. Staff has recently re-examined this intersection to determine if the intersection should be realigned per the old right of way maps. The consensus of staff is that the traffic volumes on Augustine Street now and at build-out do not warrant realignment of this intersection. There are currently no utilities located within this excess right of way area. However, in the event future utilities or improvements are needed, staff is recommending that an three (3) foot Public Service Easement be reserved for future public purposes. California Streets and Highways Code § 8334 provides a process for the City to vacate excess right of way. Per Resolution 76-289, the City Council has previously determined that vacating excess right of way does not need formal action by the Planning Commission. Because this right of way granted to the City in 1975 has never been used for street purposes, and City staff has determined it to be excess, the summary process to vacate this excess right of way is recommended. Recommendations Staff is recommending the that this unneeded right of way on the northeast corner of Old Bernal Avenue and Augustine Street be declared excess and quitclaimed to the adjacent property owner at 287 Old Bernal Avenue, Ms. Fung Shuen. As allowed by Streets & Highways Code §8324(b) such action should be subject to the following conditions: (1) the adjoining property owner process through the Community Development Department a lot line adjustment; (2) pay all necessary fees; (3) have an engineer/surveyor prepare the map and descriptions to merge this strip of excess right of way into her parcel; and (4) include the reservation of the 3 foot wide Public Service Easement along the back of the new right of way. Page 2 of 3