Resolution 2025-XX Page 1 of 2
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
SUMMARILY VACATING A PUBLIC UTILITY EASEMENT AT
FREMONT BOULEVARD AND ICE HOUSE TERRACE, (PLN2024-00080)
AND MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the applicant of the property located at Fremont Boulevard and Ice House Terrace is requesting approval of a summary vacation of the public utility 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Code Section 8333(c), the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
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 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 City Council report and presented by City staff, that the public utility easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement.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 Public Utility 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, with a copy of Exhibit A and B, 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 2025-XX Page 2 of 2
ADOPTED _______________, 2025 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney