Resolution 2026-XX Page 1 of 3
DRAFT
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING A GENERAL VACATION OF A SURPLUS PORTION OF
WARM SPRINGS COURT IN THE SOUTH FREMONT COMMUNITY
PLAN AREA
WHEREAS, California Streets and Highways Code Sections 8320 et seq., establish the procedure for the general vacation of streets and street easements that are no longer needed for present or prospective public use; and
WHEREAS, pursuant to Section 8324 of the Streets and Highways Code, the City Council is authorized to approve a general vacation of a road or highway (or portion thereof), if the roadway is unnecessary for present or prospective public use; and
WHEREAS, the City of Fremont (“City”) is considering a general vacation of remnant portion of Warm Springs Court right-of-way (“Roadway”) as depicted on Exhibits “A and B” (Legal Description and Plat), attached and incorporated herein by reference; and
WHEREAS, Warm Springs Court is a remnant of the historic Irvington–Warm Springs Road, one of the primary late -19th and early -20th-century routes connecting the former townships of Irvington and Warm Springs prior to Fremont’s 1956 incorporation; and
WHEREAS, on July 21, 2026, the City Council held a public meeting at which the general vacation was scheduled for public hearing on September 1, 2026. Notice of the public hearing was published for two consecutive weeks in the Tri-City Voice, and signs were posted along the area to be vacated and reserved at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8320, 8322, and 8323; and
WHEREAS, the Department of Public Works supports the general vacation of the excess right-of-way and has determined that said right -of-way constitutes surplus right-of-way and is no longer needed for present or prospective public use. The portion of Warm Springs Court proposed for vacation would not be useful as a non -motorized transportation facility because Warm Springs Court was previously realigned and sidewalks exist along the new realignment; and
WHEREAS, all concerned public utilities have been notified and consent to the proposed vacation, subject to certain conditions; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. Based on the foregoing recitals, incorporated herein by reference, the City Council approves the general vacation of the Roadway as described and depicted in Exhibits A and B Resolution 2026-XX Page 2 of 3
pursuant to Section 8320 et seq., of the Streets and Highways Code, subject to the following conditions:
A. A permanent public service easement is reserved across the entire vacated area of the Roadway for the benefit of Pacific Gas and Electric, Union Sanitary District, Alameda County Water District, and the City for the construction and maintenance of existing utilities, ingress and egress, and for the area to be kept open and free of buildings, structures, wells or other obstructions.
Said public service easement shall be documented in the appropriate legal instrument.
B. Payment to the City is made in the amount of $112,000 for the fair market value of the area of the Roadway to be vacated.
C. A grant deed conveying the area to be vacated in favor of the property owner to be executed by the City upon deposit of the $112,000 sale proceeds into an informal escrow with the City, and upon the City Engineer’s determination that the City has received payment of $112,000 for the area to be vacated.
SECTION 2. Upon the above-referenced conditions being met, the following documents are to be recorded together at the office of the Alameda County Recorder in the following order:
(a) Resolution of Street Vacation PLN2024-00163, and (b) Deed conveying the vacated street to 101 Realty Investment LLC or its successor in interest, subject to a permanent public service easement.
SECTION 3. The proposed vacation is categorically exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305, because the action is considered a minor alteration to land use limitations that does not result in any land use or density changes. The vacation is consistent with the land use envisioned for the site as established by the General Plan and for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and none of the conditions that would require the preparation of a supplement to an EIR are present.
SECTION 4. The City Clerk shall cause a certified copy of this Resolution attested under seal, including Exhibits A and B, to be recorded in the office of the County Recorder of Alameda County and return one copy each to the Planning Division of the Community Development Department and the Engineering Division of the Public Works Department for their respective files.
Resolution 2026-XX Page 3 of 3
ADOPTED September 1, 2026, 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