Fillable Application For Right Of Way Vacation Dedication Or Public Easement Abandonmnet Dedication PPE Permits (City of Oakland)

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Application For Right Of Way Vacation Dedication Or Public Easement Abandonmnet Dedication PPE Permits (City of Oakland)

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The Application For Right Of Way Vacation Dedication Or Public Easement Abandonmnet Dedication PPE Permits (City of Oakland) form is 2 pages long and contains:

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  • 4 check-boxes
  • 47 other fields

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M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
Application/Vacation-Dedication/April 2018 Page 1 of 7
APPLICATION FOR RIGHT OF WAY VACATION / DEDICATION
OR PUBLIC EASEMENT ABANDONMENT / DEDICATION
Please complete all information below. Current telephone and email are required to process application.
Project Site Address
APN (s)
Type of Project
Right of Way Vacation Easement Abandonment
Right of Way Dedication Easement Dedication
Applicant Name (Owner Representative)
Applicant’s Telephone & Email
Property Owner Name*
*Note: Requesting property owner must also be the underlying fee owner (owner of the land underneath the right of way or public
easement), otherwise application will not be accepted.
Property Owner Mailing Address
Owner, Developer’s Telephone & Email
Surveyor Name and Firm Name
Surveyor Telephone & Email
Planning/Zoning Case Number(s)
APPLICANT HAS READ AND ACKNOWLEDGES THE FOLLOWING:
1) If applicant is not owner of record of subject site, a Letter of Agency from owner or owner’s authorized
representative must be submitted which grants the applicant permission to make the application for the
requested vacation or abandonment.
2) Applicant is responsible for submitting documents to Oakland Fire Department (OFD) for their approval
separately and prior to this application. Engineering Services will NOT route plans to OFD, and will not
accept this application unless OFD has approved of the proposed vacation.
3) Only complete application packages with completed submittal checklist and all required items and
information will be accepted for processing.
4) This application is only valid for vacation/abandonment/dedication. Other adjustments to real property
may require additional applications, processes, and fees.
5) Routing and review will not occur until fees are paid.
6) By signing below, applicant attests that this submittal package complies with all applicable provisions
of the California Streets and Highways Code and Government Code.
7) Applicant must construct “closure” sidewalks, curb, and gutter required at an intersection of vacated
street with an improved street. A bonded agreement is required guaranteeing that he/she will bear all
costs of having the work completed according to the plans prepared by a registered civil engineer at
said petitioner’s expenses, and is subject to the approval of the City Engineer.
Applicant’s Signature
____________________________ Date ________
Print name:
_____________________________________________
THIS BOX FOR OFFICE USE ONLY
Permit Fees Paid?
Yes___ No___
Is the Submittal Checklist Attached?
Yes___ No___
ENGINEER ASSIGNED:
NOTES:
click to sign
signature
click to edit
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
Application/Vacation-Dedication/April 2018 Page 2 of 7
VACATION/ABANDONMENT SUBMITTAL CHECKLIST
Complete the Checklist below and submit with your application.
Item Description Check
1
Letter of Request for vacation/abandonment/dedication signed
by all owners of adjoining and underlying properties.
Yes ___ No ___
2
List of adjacent property owner names and contacts, including
mailing addresses, telephone numbers, and email addresses.
Yes ___ No ___
3
Title reports for each of the adjoining parcels, no older than 6
months.
Yes ___ No ___
4
Evidence of underlying fee ownership.
Yes ___ No ___
5
Legal Description (Exhibit “A”), signed and stamped by Licensed
Surveyor.
Yes ___ No ___
6
Exhibit Map/Plat (Exhibit “B”), signed and stamped by Licensed
Surveyor.
Yes ___ No ___
7
Closure calculations signed and stamped by Licensed Surveyor.
Yes ___ No ___
8
Detailed Topographic survey showing all existing utilities and
surface features if not included in Plat, signed and stamped by
Licensed Surveyor.
Yes ___ No ___
9
Property Ownership Map showing all adjacent property owners,
addresses, and APNs.
Yes ___ No ___
10
Letter of Agency (if necessary).
Yes ___ No ___
11
Copy of all related recorded documents (Easements, Maps,
Irrevocable Offer of Dedication, etc.).
Yes ___ No ___
12
Evidence of approval from Oakland Fire Department.
Yes ___ No ___
13
Draft deed restrictions for public easements and rights of way, as
applicable (irrevocable offers of dedication).
Yes ___ No ___
14
Plans for “closure” improvements (sidewalk, curb, gutter,
driveway, drainage) where vacated right-of-way intersects other
improved streets and a public access easement is not
required, or plans for utility relocation or new utilities as
applicable. A separate permit and construction drawings
prepared by a licensed civil engineer are required. Vacation will
be conditioned on construction of the improvements within one
year following approval of the vacation by the City Council and
subsequent completion of a one-year warrantee period.
Yes ___ No ___
15
REQUIRED:
Email electronic copies to: dot_permits@oaklandnet.com
(Include address and permit type in subject line) NOTE: This is a “No Reply”
email address. Do NOT email questions.
Yes ___ No ___
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
FAQ’s/Vacation-Dedication/April 2018 Page 3 of 7
Frequently Asked Questions FAQ’s for
Vacating, Abandoning or Dedicating Public Right-of-Way or Public Easements
1. I am not the underlying fee owner, can I still apply for a right-of-way vacation?
Answer: No. Applications without evidence that the applicant owns the underlying fee will not be accepted.
2. What is an underlying fee owner?
Answer: The land beneath the public right-of-way may not be owned by the City and may not be owned by
adjacent property owners. It may be owned the original subdivider, their heirs, or someone else. The person
or entity which owns the land under the public right of way is referred to as the “underlying fee owner.” In
all cases, the applicant must perform thorough research, sometimes with the help of a licensed Surveyor,
Real Estate Attorney, and/or Title Company to determine who owns the underlying fee.
3. But what if I obtain the underlying fee title and my application ends up being denied? Can I have
assurance that my request will go through?
Answer: There is no guarantee that a request for right of way vacation will be approved, and the applicant
assumes all risk. There are many opportunities during the process for the request to be denied, but the City
cannot begin the process unless the applicant is already the underlying fee owner.
4. What if the City is the underlying fee owner?
Answer: Contact the City of Oakland Real Estate Services Division prior to filing a vacation or
abandonment application. You will need to have the property appraised at current market value and the
appraiser and appraisal must be approved by Real Estate before you may be able to purchase the title from
the City.
5. What if my neighbors don’t want the vacation or abandonment to happen?
Answer: All adjacent and adjoining property owners must approve of the request. Remember that additional
members of the public may support or oppose the request at any of the required public meetings.
6. What are “closure” improvements?
Answer: Closure improvements are items such as sidewalk, curbs, gutters, and storm drains required to
“close” the gap between existing street corners where a vacated right of way intersects with an improved
street.
7. Do I have to construct the required improvements before the vacation or abandonment is approved?
Answer: It depends on the improvements and the specific location. In most cases, you must obtain the
permits required to perform the work and post the required bonds/sureties prior to final vacation approval.
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
FAQ’s/Vacation-Dedication/April 2018 Page 4 of 7
8. What is a “summary” vacation?
Answer: A summary vacation is for right-of-way that has been impassable for vehicular travel and no public
money has been expended for maintenance for a period of 5 years. The process is the same, but because it
requires slightly less review, there is a minor reduction in fee cost.
9. Can I dedicate an easement or right of way at the same time that I subdivide my property?
Answer: Yes, but not with this application. You can dedicate easements or rights of way on your Parcel or
Tract Map, applied for using the application for parcel or tract map (the one with a pink label).
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
Steps/Vacation-Dedication/April 2018 Page 5 of 7
PUBLIC RIGHT-OF-WAY AND
EASEMENT VACATION
Estimated City processing time: 242 - 387 working days
Applicant Submits Complete Application
Package
YES
Council for approval. (7 days)
Vacation of the right-of-way will be
conditioned on construction of the
improvements within one year
following approval of the vacation by
the City Council and subsequent
completion of a one-year warrantee
period.
YES
END
YES
Planning to review and
provide comments on
general and specific plans.
(90 days)
City staff prepares agenda report and draft
resolution for presentation to the Public
Works Committee and posts public
advertisements as required by state law.
(5-20 days)
Application is referred to utility owners/providers (EBMUD, PG&E, AT&T, Comcast, etc.) for
review and comment; Planning, Fire, Public Works, and Transportation.
(5-10 days)
Utility owners
approve or appro
ve
with comments?
(90 days)
Public Works
Committee approves
of request?
(90 days)
City Council approves
of request? (1 day)
Additional permits
needed for “closure”
improvements, new
utilities, and/or utility
relocations?
Apply for necessary
permits under separate
application(s).
Construction drawings
prepared by licensed
Civil Engineer, insurance
and bonds/sureties are
required. (30-120 days)
Request
denied and
application
closed.
Resolution Recorded by City Clerk with the legal
description and plat (14 days)
YES
YES
NO
NO
END
City staff reviews for:
Impact on public facilities and
traffic, access, and planning
requirements
(15-20 days)
START
YES
Fire to review and
approve the vacation
with conditions
(90 days)
Public notification for the vacation posted along area to be
vacated (if applicable)
(30 days days)
YES
Record the legal description and plat and
Resolution with County Recorder (35 days)
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
Steps/Vacation-Dedication/April 2018 Page 6 of 7
RIGHT OF WAY AND EASEMENT
DEDICATION
Estimated City processing time: 142 - 316 working days
Applicant Submits Complete Application Package
NO
City staff prepares agenda report and draft resolution for
presentation to the Public Works Committee review and
posts public advertisements as required by state law.
(5-10 days)
Are constructed
improvements required
and plans being
proposed?
Apply for necessary
permits under separate
permit application(s).
Construction drawings
prepared by licensed
Civil Engineer, insurance
and bonds/sureties are
required. (5-120 days)
Council for approval. (7 days)
Public Works
Committee approve
the request?
(90 days)
City Council approves
The request? (1 day)
Request
denied and
application
closed.
Resolution Recorded by City Clerk accepting
the dedication. (14 days)
Engineering staff reviews for:
Oakland Code, Planning approval
City plans and impact, conditions of
approval, and applicable const. permits
(15-30 days)
START
NO
Application package assigned to DOT Engineer
and a copy routed to City Surveyor.
(5-10 days)
City Surveyor reviews for:
Correct information survey and monument
Tie-
down, conditions and use of the dedication
and applicable codes
(15-60 days)
Applicant
makes
revisions
needed.
(Determined
by Applicant)
Applicant
makes
revisions as
needed.
(Determined
by Applicant)
NO
YES
YES
NO
NO
YES
YES
YES
END
END
Record the legal description and plat and Resolution with
County Recorder (14 days)
M
Department of Transportation
Engineering Services – 4
th
Floor
250 Frank H. Ogawa Plaza, Oakland, California 94612
_____________________________________________________________________________
Fees/Vacation-Dedication/April 2018 Page 7 of 7
HOW ARE RIGHT OF WAY OR EASEMENT VACATION, ABANDONMENT,
AND DEDICATION FEES CALCULATED?
The fees for Encroachment Permits are calculated based upon the approved Oakland Master Fee
Schedule. The tables below show fees based on the 2017/2018 Fiscal Year Master Fee Schedule.
PATH VACATION
No.
Description **
Amount **
1
Path Vacation
5,154.00
Proceeding
STREET VACATION
No.
Description **
Amount **
1
Summary Vacation
4,980.00
Street
2
General Vacation
5,154.00
Street
3
Notifications
1,060.00
Block
EASEMENT DEDICATION OR VACATION
No.
Description **
Amount **
1
City Council Action
4,980.00
Easement
2
City Engineer Action
2,564.00
Easement
3
Shared Access Engineering Review
1,804.00
Easement
STREET DEDICATION
No.
Description **
Amount **
1
Street Dedication
4,980.00
Street
OAKLAND ZONING REGULATIONS
No.
Description **
Amount **
1
General Plan Determination
1,078.00
Request
ADMINISTRATIVE ** Non-Refundable per Master Fee Schedule added to all permits
1
Filing Fee
13.00
Each Permit
2
Application Fee
57.00
Each Permit
3
Record Management and Technology Fee
14.75%
Permit Total
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Application For Right Of Way Vacation Dedication Or Public Easement Abandonmnet Dedication PPE Permits (City of Oakland)

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Completed 18 July 2020

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