Resolution No. 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 PUBLIC UTILITY EASEMENT AT 39180
LIBERTY STREET AND MAKING A FINDING OF CEQA EXEMPTION
WHEREAS, the owner/developer applicant of the property located at 39180 Liberty Street 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Code Section 8333 (c), the legislative body of a local agency may summarily vacate a public service easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.;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 the 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 City Council report and presented at the City Council meeting on this itemby staff, that the public utility easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement.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 as a minor alteration to land use limitations whichthat 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, with 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 No. 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:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney