DATE: November 19, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Development Services Department
TITLE: RESOLUTION TO SUMMARILY VACATE A PORTION OF A WATERLINE EASEMENT LOCATED AT 3503 CANNON ROAD
RECOMMENDATION
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Staff recommends that the City Council adopt a resolution to summarily vacate a portion of a public waterline easement located at 3503 Cannon Road; and authorize the City Clerk to file a certified copy of the resolution with the San Diego County Recorder.
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BACKGROUND AND ANALYSIS
The City has received a request from DNBA Properties, LLC, owner of the property located at 3503 Cannon Road, proposing the vacation of a portion of a public waterline easement located on their property. This portion of easement, generally located at the southwest corner of the property, near the Cannon Road and Lake Boulevard intersection, was granted per Instrument No. 1991-0640468 recorded on December 10, 1991, in the Office of County Recorder of San Diego County for the purpose of a future water service connection. The proposed Popeye’s restaurant development at this site did not use the existing water service connection and removed it from within the waterline easement to be vacated. A new water service line connection was established, along with a new waterline easement, at a different location onsite to serve the development. A new trash enclosure is proposed in the area of the water service easement to be vacated.
California Streets and Highways Code, Section §8333 (c) provides the City Council with the authority to summarily vacate public service easements provided they have been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
The easement area to be vacated is generally located at the southwest corner of the property and is described in Exhibit “A” and shown on Exhibit “B”, attached hereto. The waterline previously located within this easement has been relocated per Public Improvement Plan R23-00039, see attached Exhibit C.
The Water Utilities Department and Development Services Department have reviewed and confirmed that there are no other public facilities in the area to be vacated, that this easement is no longer required and do not object to the vacation request.
FISCAL IMPACT
The applicant has paid the required fees for the processing of this action.
COMMISSION OR COMMITTEE REPORT
Does not apply.
CITY ATTORNEY’S ANALYSIS
The referenced documents have been reviewed by the City Attorney and are approved as to form.
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Prepared by: Paul Pham, City Development Engineer
Reviewed by: Darlene Nicandro, Development Services Director
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. Resolution
3. Exhibit A: Legal Description
4. Exhibit B: Easement Vacation Plat
5. Exhibit C: Improvement Plan R23-00039