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 WATER LINE EASEMENT A T 39176
FREMONT BOULEVARD , CENTRAL COMMUNITY PLAN AREA
(PLN2022-00001), AND MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the Applicant/Developer of the property located at 39176 Fremont Boulevard is requesting approval of a summary vacation of the water line easement described and depicted in Exhibits A and B, attached 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Code Section 8333(c), the legislative body of a local agency may summarily vacate a water line easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
Section 1. The City Council approves the summary vacation of the water line easement described and depicted in Exhibits A and B, which is hereby vacated in accordance with Public Streets, Highways and Service Easements Vacation Law, Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), based upon the following findings and conditions:
A. The City Council finds, based on the information contained in the council report and presented by staff, that the water line easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement.
B. The vacation shall conform to Exhibits A and B (Legal Description and Plat for Water Line Easement Vacation).
Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305.
Section 3. 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 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:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney