Resolution 2022-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT SUMMARILY VACATING A PORTION OF THE
EMERGENCY VEHICLE ACCESS EASEMENT AT 5588 CUSHING
PARKWAY IN BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA
(PLN2022-00129)
WHEREAS, the Owner/Developer of the above referenced property has submitted an application requesting that the City summarily vacate portions of the emergency vehicle access easement described and depicted in Exhibits A and B, attached hereto and 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8333 (c), the legislative body of a local agency may summarily vacate an emergency vehicle access easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 as follows:
Section 1. pursuant 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 portion of emergency vehicle access easement (more particularly described and depicted in Exhibits A and B) is hereby summarily vacated and shall no longer constitute an emergency vehicle access easement, based upon the following findings and conditions:
A. The City Council finds that, based on the information contained in the council staff report dated May 17, 2022, that the portion of the emergency vehicle access easement to be vacated is superseded by relocation, and determined to be excess by the easement holder, and there are no other public facilities located within the easement.
B. The easement to be vacated shall conform to the Legal Description and Plat for Easement Vacation records, attached inas set forth in Exhibits B.
Section 2. BE IT FURTHER RESOLVED that the 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.
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Resolution 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