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L -11 <br />CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS <br />The conversion of public streets to private streets involves the vacation <br />of public street rights of way after the City Council makes a finding that <br />the street is unnecessary for present or prospective public use. The actual <br />street vacation process described in the State of California Streets and <br />Highway Code must be followed. Since the streets to be vacated will still <br />be used as streets for private purposes, it will be necessary to insure <br />that there is a responsible body to take over the operation, maintenance, <br />and liabilities of the streets. In most instances this can be a rather <br />lengthy and complicated process. The following steps are to be used as <br />a guide to completing the conversion process: <br />1. Poll all property owners that would be affected by the conversion <br />of public streets to private streets and submit results in letter <br />to Public Works Department. The poll should be in the form of a <br />petition that provides the residents with information concerning <br />costs, obligations, and liabilities related to the conversion of <br />a public street to a private street. An estimate of annual costs <br />and the cost of processing the conversion should be provided. The <br />community association and /or sponsors will be responsible for pre- <br />paring all legal documents, engineering drawings, mailing to property <br />owners and other items related to the vacation. <br />is <br />2. Send letter to Public Works Department requesting the City to consider <br />the vacation of the public streets in order to convert them to private <br />streets. The letter shall be accompanied by a filing fee to cover <br />administrative costs of City. <br />3. Public Works Department submits request to City Council to obtain <br />approval in concept and authorization to work with community associa- <br />tion toward the goal of vacating the street. <br />4. If no formal community association exists, one must be created and <br />empowered to: <br />a. Accept the street rights -of -way when the street is vacated <br />by City. <br />b. Operate and maintain the streets. <br />c. Assess funds for the operation and maintenance of the streets. <br />d. Accept all liabilities for claims and lawsuits arising out of <br />the use of the streets. (The association must maintain a <br />policy of insurance which guarantees a defense for the City <br />should any lawsuit arise from and loss related to the use of <br />the street. Also, performance bond is required to guarantee <br />that the association will maintain the streets.) If a formal <br />community association does exist, its bylaws and /or CC & R's <br />must be amended to provide for the above items.