CITY OF ALAMEDA RESOLUTION NO. ________
SUMMARILY VACATING A PUBLIC UTILIT Y EASEMENT, POWER
EASEMENT, PATHWAY EASEMENT, AND STREETLIGHT
EASEMENT AT 1051 HARBOR BAY PARKWAY
WHEREAS, on October 26, 2020, the Planning Board of the City of Alameda adopted Resolution PB -20-23, approving final Development Plan and Design Review application PLN17- 0600 for the construction of a 133,611 square-foot, five -story hotel with 236 guest rooms located at 1051 Harbor Bay Parkway; and
WHEREAS, Harbor Bay Isle Associates granted the City of Alameda a P athway Easement and Streetlight Easement with Parcel Map No. 3940 filed on December 29, 1982, in Book 137 of Parcel Maps, at Pages 34-36, Alameda County Records; and Public Utility Easement and Power Easement with Parcel Map No. 4013 filed on April 12, 1983, in Book 138 of Parcel Maps, at Pages 5-6, Alameda County Records, all together herein known as “Easements”; and
WHEREAS, the proposed building location conflicts with the existing Easements and vacation of Easements are necessary to facilitate the hotel development; and
WHEREAS, the California Streets and Highways Code Section 8333 authorizes the City Council to summarily vacate a public service easement that has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, the California Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement; and
WHEREAS, the California Streets and Highways Code Section 8313 further requires that Government Code Section 65402, which states that the Planning Commission shall report as to conformity with the General Plan, shall be followed if that section applies to the proposed vacation; and
WHEREAS, the California Streets and Highways Code Section 8313 is not applicable in this situation because the proposed vacation of the public service easement does not qualify as the disposition of real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda finds that:
1. The Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement have either been relocated or found to be no longer required by the easement holder.
2. The vacation of the Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement are in conformance with the City’s General Plan pursuant to Streets and Highways Code Section 8313.
3. The proposed vacation of the Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement are categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14 C alifornia Code of Regulations, CEQA Guidelines Section 15301, Existing Facilities.
4. From and after the date the resolution is recorded, the Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement as described in Exhibit A and shown in Exhibit B are vacated and shall no longer constitute a public service easement; and
BE IT FURTHER RESOLVED that based on the findings made and the above provisions of the Streets and Highways Code, the City Council hereby order the summary vacation of the Easements located at 1051 Harbor Bay Parkway, as shown on Exhibits A and B; and
BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized to take any and all further actions to effectuate the vacation and quitclaim of the Easements, including the execution of a Quitclaim Deed, if necessary; and
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit a certified copy of this resolution to be recorded in the office of the County Recorder of Alameda.
Exhibit A
Exhibit B
* * * * *
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 15th day of July 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 16th day of July 2025.
__________________________
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda