Resolution 2024-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT SUMMARILY VACATING PUBLIC UTILITY
EASEMENTS, EMERGENCY VEHICLE ACCESS EASEMENTS,
AND SLOPE EASEMENT AT 49000 – 49090 MILMONT DRIVE, IN
THE BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA
(PLN2023-00190), AND MAKING A FINDING OF CEQA
EXEMPTION
WHEREAS, the Owner/Applicant of the property located at 49000 – 49090 Milmont Drive is requesting approval of a summary vacation of the Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement described and depicted in Exhibits A, B, C, D, and E, 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Code Section 8333(c), the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, the Emergency Vehicle Access Easements being vacated will be reestablished at another location (see Exhibit F) prior to the recordation of the resolution of vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
Section 1. The City Council approves the summary vacation of the Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement described and depicted in Exhibits A, B, C, D, and E, which are 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 Public Utility Easements, Emergency Vehicles Access Easements, and Slope Easement being vacated are no longer needed, have been superseded by relocation, constitute excess land, and there are no other public facilities located within the easements.
B. The vacation shall conform to Exhibits A thru E (Legal Description and Plat for Public Utility Easements, Emergency Vehicle Access Easements, and Slope Easement Vacations).
C. Prior to the recordation of the current Emergency Vehicle Access Easement vacation, the Owner/Applicant shall dedicate a new Emergency Vehicle Access Easement as described in Exhibit F, which shall supersede by relocation the vacated easement.
Resolution 2024-XX Page 2 of 2
Section 2. The City Council finds that the vacation of the easements is not a “project” as defined under CEQA Guidelines section 15060(c) (action will not result in physical change in the environment or increase the use of the site). Even if determined to be a project under CEQA, the action is exempt from environmental review, each as a separate and independent basis for purposes of CEQA compliance, under CEQA Guidelines, Section 15305 (minor land alterations), and Section 15061(b)(3) (common sense exemption for actions where there is no possibility that they may have a significant effect on the environment).
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 ___________________, 2024, 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