CITY OF ALAMEDA RESOLUTION NO.
TO SUMMARILY VACATE AN EXCESS PORTION OF EVERETT
STREET IN THE CITY OF ALAMEDA, CALIFORNIA PURSUANT TO
STREETS AND HIGHWAYS CODE SECTION 8330.
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, commencing with Streets and Highways Code section 8330, provides for summary vacation of streets and highways; and
WHEREAS, on October 6, 1959 the City of Alameda approved Resolution 5949 that vacated a portion of right-of-way along the northern end of Everett Street, north of Blanding Avenue; and
WHEREAS, on April 6, 2020, Apex Companies, LLC submitted, on behalf of the property owner, TC I 2421 Blanding LLC, an application for an encroachment permit for various improvements to a private parking lot serving 2421 Blanding Av enue, located at the north end of Everett Street; and
WHEREAS, approximately 960 square feet of right -of-way on Everett Street, approximately 116 feet northeasterly of Blanding Avenue, is located behind a privately owned mechanized gate providing access to the private property; and WHEREAS, on August 6, 2020, the City of Alameda approved an encroachment permit for improvements to the parking lot, subject to a condition of approval requiring the owner to either remove the gate or complete a vacation of the excess right-of-way along Everett Street; and
WHEREAS, the private improvements on the 960 square feet of excess City right-of-way on Everett Street require the right -of-way to be vacated for orderly development; and
WHEREAS, the 960 square feet of excess City right-of-way on Everett Street is not required for street or highway purposes, nor to serve any of the City’s operational needs; and
WHEREAS, the 960 square feet of excess City right -of-way on Everett Street has been impassable for vehicular travel for the past five consecutive years, and no public money was expended for maintenance on the excess portion during such period; and
WHEREAS, based on the above recitals, the City Council desires to summarily vacate the 960 square feet of right -of-way on Everett Street, as more particularly described in Exhibits A, B and C to the accompanying staff report; and WHEREAS, the City Council also desires to reserve and except from the vacation all of the existing easements along Everett Street, including but not limited to a 10-foot wide sewer and storm drain easement and a 12-foot wide joint pole public utility easement; and
WHEREAS, Streets and Highways Code Section 8313 and Government Code Section 65402 require that the location, purpose, and extent of a street vacation conform with the City’s General Plan; and
WHEREAS, the subject right -of-way is designated General and Maritime Industry in the Alameda 2040 General Plan; and
W
HEREAS, on May 23, 2022, the Planning Board adopted a resolution confirming that the vacation of the 960 square feet of excess City right-of-way on Everett Street conforms with the City ’s General Plan; and
WHEREAS, on June 7, 2022, the City Council of the City of Alameda conducted a duly noticed public hearing to consider the same.
NO
W, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that:
SECTION 1. The foregoing recitals are true and correct, and, together with information provided by City staff and the public, if any, form the basis for the approvals, findings, resolutions, and determinations set forth below.
SECTION 2. Pursuant to the requirements of California Streets and Highway Code Section 8330, the City Council hereby orders the vacation portion of the public right-of-way described in Exhibits 1, 2 and 3 to the accompanying staff report.
However, all the existing utility easements along the vacated portion of the right -of- way shall be reserved from the vacation and shall be maintained.
SECTION 3. This Resolution shall become effective on the 7th day of June, 2022, and shall be recorded by the City Clerk in the Alameda County Recorder’ s Office shortly thereafter.
SECTION 4. From and after the date this Resolution is recorded in the Alameda County Recorder’s Office, the vacated portion of public right -of-way shall no longer constitute a public street or highway and shall revert to the property located at APNs 70-195-15 and 70-196-23.
Exhibit A
Exhibit B
Exhibit C
*******
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 7th day of June 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of June 2022.
Lara Weisiger, City Clerk
City of Alameda
______________________
Yibin Shen, City Attorney
City of Alameda