Resolution No. 2022-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT SUMMARILY VACATING PUBLIC UTILITY EASEMENT
AT 38 631 FREMONT B OULEVARD CENTERVILLE COMMUNITY
PLAN AREA (PLN2022-00135)
WHEREAS, the Applicant/Developer of the above-referenced property is requesting approval of a summary vacation of the public utility easement described and depicted in Exhibits A and B, which are incorporated herein by this reference; and
WHEREAS, pursuant to California Streets and Highways Code Section 8333 (c), the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont pursuant to the Public Streets, Highways and Service Easements Vacation Law, codified in Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), that the public utility easement described and depicted in Exhibits A and B is hereby summarily vacated and shall no longer constitute a public service easement, based upon the following findings and conditions:
SECTION 1. The City Council finds based on the information contained in the council report that the public utility easement is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
SECTION 2. The vacation shall conform to Exhibit B (Legal Description Public Utility Easement Abandonment).
BE IT FURTHER RESOLVED that the City Clerk is directed to cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.
Resolution No. 2022-XX Page 2 of 2
ADOPTED, , 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney