REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 500 El Camino Real (Main Address)
Report
BACKGROUND
On April 5, 2016, the City Council approved the vacation of portions of public right-of-way on Franklin Street from Lafayette Street to The Alameda and on Alviso Street from Franklin Street to Benton Street. Additionally, the City Council authorized the sale of the vacated property to adjacent property owner, the President and Board of Trustees of Santa Clara College ("Santa Clara University"), located at 500 El Camino Real. In addition to closing these portions of public rights-of-way to vehicular traffic, Santa Clara University installed private improvements such as brick pavers, landscaping and new sidewalks to create a pedestrian promenade. During the construction permitting stage, Santa Clara University proposed that these private improvements extend partially into the City's public right-of-way at the intersection of The Alameda and Franklin Street. Staff reviewed this proposal, did not find any concerns with the improvements, and tentatively agreed to the proposal with a condition that the property owner execute an agreement with the City for the long term operations and maintenance of these private improvements.
DISCUSSION
The private improvements were reviewed, permitted and constructed as a part of the encroachment permit issued for the project and the attached agreement is required for the property owner to properly operate and maintain the private improvements. In the event the improvements are ever required to be removed in the future, per the agreement, the property owner must remove them (or portions thereof) at their sole cost within sixty (60) days after written notification from the City. The improvements will beautify the City's right-of-way at no cost for construction or maintenance.
ENVIRONMENTAL REVIEW
The action being considered is e...
Click here for full text