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The Rose Pavilion Shopping Center was constructed in 1989. It is located on the north side of <br />Santa Rita Road, occupying a site of approximately 27 acres. Rosewood Drive goes through the <br />middle of the shopping center. The subject easement is located on the west side of Rosewood <br />Drive, part of Phase III of the Rose Pavilion shopping center. <br /> <br />The southern-most portion of the Galaxy Theatre is located over an existing 10-foot wide public <br />service easement that was dedicated to the City with the acceptance of Parcel Map 4779. <br />Sometime after this parcel map was recorded and before the buildings and improvements were <br />constructed, a change was made to reroute the storm drain system from the southerly side of the <br />Parcel 3 and a small portion of Parcel 4 to the northerly side of the Parcel 3. However, at the <br />time the site plan was revised to reflect these storm drain changes, the paper work to revise the <br />location of the easement was never processed. When a site survey was prepared for the proposed <br />furniture store, it was discovered that the easement had never been abandoned. Staff and the <br />property owner have both checked their as-built plans for the site. All of the records indicate that <br />this easement was never used for its intended purpose. It is also very unlikely that the easement <br />will be needed for utilities in the future since all the infrastructure serving the shopping center <br />has been in existence for over ten years. <br /> <br />In order to construct the proposed Broyhill building at the same location as the existing theatre, <br />the applicant requests abandonment of this easement. In exchange for abandoning this easement, <br />the owner will be granting to the City a new easement for storm drain purposes over the as-built <br />location of the storm drain pipe, located to the north of the proposed building. <br /> <br />FISCAL IMPACT <br /> <br />There would be no fiscal impact on the City from vacating this easement. <br /> <br /> Respectfully Submitted, <br /> <br />Scott R. Baker Michael H. Roush Nelson Fialho <br />Acting Director of Public Works City Attorney City Manager <br /> <br /> Attachments: <br /> Resolution abandoning the unused Public Service Easement (PSE) (A) <br /> Location Map (B) <br /> <br /> SR 05:122 <br /> Page 2 of 2 <br /> <br /> <br />