Resolution 2025-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT SUMMARILY VACATING A PORTION OF GROVE
AVENUE ADJACENT TO 43401 ELLSWORTH STREET AND
MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the Applicant/Developer of the property located at 43401 Ellsworth Street is requesting approval of a summary vacation of the roadway 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 8334, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes.
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 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 at the City Council meeting on this item, that the roadway easement being vacated is no longer needed for present or prospective roadway use, 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 roadway easement vacation).
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 to land use limitations that does not result in any land use or density changes.
SECTION 3. The City Clerk is directed to cause a certified copy of this resolution, Exhibit A and Exhibit 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