Fremont City Council Meeting: 10/01/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5273) DOC ID: 5273
Updated: 9/27/2024 7:56 AM by Dina Lewis Page 1
VACATION OF EASEMENT AT 49000, 49036 AND 49086 MILMONT DRIVE - Adopt a Resolution Summarily Vacating Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000, 49036 and 49086 Milmont Drive in the Bayside Industrial Community Plan Area (PLN2023-00190) and Make Findings of CEQA Exemption
Contact Persons:
Name: Yiu Kei Louie Khandan Bahmani
Title: Engineer II (Civil) City Engineer
Div/Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4768
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the development of an industrial building project by vacating various easements that are no longer needed.
BACKGROUND: On November 16, 2022, the Zoning Administrator approved a Ministerial Design Review to allow the construction of a 267,098 square foot industrial shell building at 49000 – 49090 Milmont Drive. To fulfill conditions of approval of the Ministerial Design Review, Milmont Owner LLC, the property owner and developer of the project, commonly known as Milmont Landing, has submitted an application for the vacation of two Public Utility Easements (PUE), two Emergency Vehicle Access Easements (EVAE), and a Slope Easement (see Exhibits A, B, C, D, and E) on their property. The PUEs and EVAEs proposed for vacation were dedicated to the City by Grant of Easements recorded March 11, 2022 and by Parcel Map 3942 recorded on April 25, 1984. The Slope Easement was dedicated to the City by Grant of Easement recorded August 27, 1970. In order to facilitate the vacation of the PUEs, EVAEs, and Slope Easement, Milmont Owners LLC has agreed to grant a new EVAE, which meets City requirements and accommodates the site design of the project. The resolution of vacation shall be recorded only after Milmont Owners LLC dedicates a new EVAE to the City (Exhibit F). The vacation shall be effective immediately with the recordation of the resolution of vacation.
DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff have determined that the PUEs are no longer needed and there are no other public facilities located within the easement, the Slope Easement is no longer necessary for construction and maintenance of cut and fill slopes at the property, and that owner will dedicate a new EVAE to supersede the two EVAEs to be vacated.
Notification to Utility Companies: All concerned utility companies have been notified and consented to the proposed vacation of the Public Utility Easements per Exhibit A and B.
FISCAL IMPACT: None.
Council Staff Report (ID # 5273) Meeting of October 1, 2024 Updated: 9/27/2024 7:56 AM by Dina Lewis Page 2
ENVIRONMENTAL REVIEW: The vacation of the PUEs, EVAEs, and Slope Easement is exempt from environmental review, as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).
ATTACHMENTS:
• Draft Resolution- Summary Vacation
• Exhibit A – Public Utility Easement Vacation
• Exhibit B – Public Utility Easement Vacation
• Exhibit C – Emergency Vehicle Access Easement Vacation • Exhibit D – Emergency Vehicle Access Easement Vacation • Exhibit E – Slope Easement Vacation
• Exhibit F – Plat & Legal Description for new EVAE
RECOMMENDATIONS:
1. Adopt resolution to vacate Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement at 49000 – 49090 Milmont Drive on grounds the easements are no longer needed.
2. Accept new Emergency Vehicle Access Easement.