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Page 1 of 4 Item #5 CITY COUNCIL AGENDA REPORT January 16, 2024 Public Works - Engineering Division TITLE: ADOPT A RESOLUTION OF SUMMARY VACATION FOR PUBLIC SERVICE AND ACCESS EASEMENTS AND ACCEPTANCE OF REPLACEMENT PUBLIC SERVICE AND EMERGENCY VEHICLE ACCESS EASEMENTS AT 29 GREY EAGLE COURT SUMMARY In 1984, Tract 5189 dedicated public easements within Grey Eagle Estates, including easements that encumber the property at 29 Grey Eagle Court as currently owned by Allen Roberts and Shiera Brady. The encumbrances include overlapping 20-foot-wide public service and public access easements that extend from the cul-de-sac terminus to the southern boundary of the Roberts/Brady property, a distance of approximately 800 feet. The public service easement was granted for the installation and operation of public utilities, whereas the public access easement granted the public a right to cross the property. A portion of the public service easement currently contains City-operated water infrastructure associated with the Bonde II reservoir, which adjoins the Roberts/Brady property such that the City and Roberts/Brady share the paved driveway that resides atop the easement. The origin of the public access easement is unknown since the roadways within Grey Eagle Estates are privately owned and operated. It is possible the City acquired the public access easement in preparation for development south of the Roberts/Brady property, but the passage of Measures PP and QQ in 2008 precluded further development in this adjoining hillside area. On March 14, 2022, the City granted approval for Roberts/Brady to construct a custom home on their property. The custom home plans include features that conflict with the public easements. As part of the approval process, Roberts/Brady asked the City to vacate the public easements while offering to grant replacement easements that are compatible with their planned use of the property. Specifically, the public service easement would be realigned, the public access easement would be removed, and a new emergency vehicle access easement would be granted for the benefit of the Livermore-Pleasanton Fire Department. This can be accomplished by following the regulatory process prescribed by California Streets and Highways Code §8330 et seq. RECOMMENDATION Adopt a resolution of summary vacation for public service and access easements and acceptance of replacement public service and emergency vehicle access easements at 29 Grey Eagle Court. The Resolution of Summary Vacation affirms that: 1. The City Council may summarily vacate a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement (§8333(c)). 2. The City Council may summarily vacate a public access easement if said easement Page 122 of 201