ABANDONMENT OF DAGGETT ROAD & FYFFE AVENUE Rough & Ready Island January 11, 2005

RECOMMENDATION Authorize the abandonment of two public rights- of-way on Rough & Ready Island. Authorize the abandonment of two public rights- of-way on Rough & Ready Island. Authorize the execution of a Quitclaim Deed to extinguish an access easement at such time as the Port of Stockton perfects private access to those properties on Rough & Ready Island which are owned by others. Authorize the execution of a Quitclaim Deed to extinguish an access easement at such time as the Port of Stockton perfects private access to those properties on Rough & Ready Island which are owned by others.

Maps

DISCUSSION Background The Port of Stockton recently purchased the majority of Rough and Ready Island from the federal government. The Port of Stockton recently purchased the majority of Rough and Ready Island from the federal government. Prior to their acquisition, the Island was primarily a military facility; however, the main streets were public rights-of-way that were maintained by the U.S. Navy. Prior to their acquisition, the Island was primarily a military facility; however, the main streets were public rights-of-way that were maintained by the U.S. Navy. Now that the Port is in control of the Island and has numerous expansion and development plans, they would like to eliminate public access and have requested the subject abandonments. Now that the Port is in control of the Island and has numerous expansion and development plans, they would like to eliminate public access and have requested the subject abandonments.

Background The two subject rights-of-way are easement interests that the City acquired by annexation. The two subject rights-of-way are easement interests that the City acquired by annexation. For the last several decades, the roads have been maintained by the Navy and have not been used as public roads. For the last several decades, the roads have been maintained by the Navy and have not been used as public roads. It is the City’s position that the Port, as subsequent owner to the Navy, is now responsible for maintenance It is the City’s position that the Port, as subsequent owner to the Navy, is now responsible for maintenance

Background In accordance with this position, the Port has applied for the abandonment of the two roads. In accordance with this position, the Port has applied for the abandonment of the two roads. City departments and local utilities have indicated that there are no existing utilities located in Daggett Road; however, a public utility easement will be reserved over Fyffe Avenue. City departments and local utilities have indicated that there are no existing utilities located in Daggett Road; however, a public utility easement will be reserved over Fyffe Avenue.

Background Additionally, an access easement for ingress and egress purposes will be reserved over Fyffe Avenue. Additionally, an access easement for ingress and egress purposes will be reserved over Fyffe Avenue. At some point, the Port may acquire the remaining Island property and/or provide private access to the private property owners currently served by Fyffe Avenue. At some point, the Port may acquire the remaining Island property and/or provide private access to the private property owners currently served by Fyffe Avenue. At that time, the Port will request the City quitclaim the access easement now being reserved. At that time, the Port will request the City quitclaim the access easement now being reserved.

Background Fee title to the subject areas is vested in the Port of Stockton. Fee title to the subject areas is vested in the Port of Stockton. The federal government has yet to respond with its opposition or support of the proposed abandonment. The federal government has yet to respond with its opposition or support of the proposed abandonment.

Notification Abandonments require advertising in the legal notice section of The Record once each week for two successive weeks. This has been completed. Abandonments require advertising in the legal notice section of The Record once each week for two successive weeks. This has been completed. The proposed abandonment area was also posted two weeks prior to the public hearing. In conformance with legal requirements, a total of 46 notices were posted. The proposed abandonment area was also posted two weeks prior to the public hearing. In conformance with legal requirements, a total of 46 notices were posted.

Summary The Port of Stockton recently purchased the majority of Rough and Ready Island and have requested the subject abandonments to meet their development plans. The Port of Stockton recently purchased the majority of Rough and Ready Island and have requested the subject abandonments to meet their development plans. The abandonment will be conditioned with a utility easement, an access easement and the requirement that the Port be responsible for all maintenance. The abandonment will be conditioned with a utility easement, an access easement and the requirement that the Port be responsible for all maintenance. Staff recommends abandonment of the two rights-of- way and authorization of a future Quitclaim Deed to extinguish the access easement when the Port perfects private access. Staff recommends abandonment of the two rights-of- way and authorization of a future Quitclaim Deed to extinguish the access easement when the Port perfects private access.