Resolution 2023-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
SUMMARILY VACATING A PORTION OF THE EMERGENCY VEHICLE
ACCESS E ASEMENT A T 44408 PACIFIC COMMONS BOULEVARD IN BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA (PLN2022-00397) AND
MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the Applicant/Developer of the property located at 44408 Pacific Commons Boulevard is requesting approval of a summary vacation of a portion of the emergency vehicle access 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8333(c), the legislative body of a local agency may summarily vacate an emergency vehicle access easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;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, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
Section 1. The City Council approves the summary vacation of a portion of the emergency vehicle access 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. Based on the information contained in the council report and presented by staff, that the portion of the emergency vehicle access easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement; and
B. The vacation shall conform to Exhibits A and B (Legal Description and Plat for Emergency Vehicle Access 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.
ADOPTED , 2023, by the City Council of the City of Fremont by the following vote:
AYES: Click here to enter text.
NOES: Click here to enter text.
Resolution 2023-XX Page 2 of 2
ABSENT: Click here to enter text.
ABSTAIN: Click here to enter text.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney