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 A ROADWAY EASEMENT AT 43477 BRYANT
STREET, MISSION SAN JOSE COMMUNITY PLAN AREA (PLN2019- 00020), AND MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the Applicant/Developer of the property located at 43477 Bryant Street has submitted an application for approval of a summary vacation of the roadway easement which is described and depicted in Exhibit A attached to this resolution 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 roadway easement when it is 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 roadway easement described and depicted in Exhibit A, 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 City Council report and presented by staff, that the roadway easement being vacated is no longer needed, constitutes excess land, and there are no other public facilities located within the easement; and
B. The vacation shall conform to the legal description and plat map of the roadway easement included in Exhibit A.
Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305 as a minor alteration in land use limitations.
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 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