RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES CALIFORNIA TO SUMMARILY VACATE THE 1’ WIDE NON-ACCESS STRIP OVER ALL OF LOT D DEDICATED ON THE FINAL MAP OF SUBDIVISION 5338 WHEREAS, a 1’ wide non-access strip over all of Lot D as shown on the final map of Subdivision 5338 was dedicated to the City per said final map of Subdivision 5338. The proposed easement to be vacated is more particularly described and shown in Exhibit A attached hereto and made a part hereof; and WHEREAS, California Streets and Highways Code Section 8333(a) provides the City Council with the authority to summarily vacate a public service easement provided the easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation; and WHEREAS, a non-access strip fits within the definition of “public service easement” in California Streets and Highways Code Section 8306; and WHEREAS, after consideration of all evidence submitted, the City Council finds and determines that the 1’ wide non-access strip over all of Lot D described in said Exhibit A has not been used for the purpose for which it was dedicated for the five consecutive years immediately preceding this vacation, said 1’ wide non-access strip over all of Lot D is excess and is not needed for present or future use, and said Lot D shall revert to a public access and utility easement as more particularly described and shown in Exhibit B attached hereto and made a part hereof.
NOW, THEREFORE, the City Council of the City of Hercules DOES RESOLVE and order as follows:
Section 1. The 1’ wide non-access strip over all of Lot D as shown on the final map of Subdivision 5338 as described and shown in said Exhibit A shall be hereby summarily vacated, and said Lot D shall revert to a public access and utility easement as described and shown in said Exhibit B.
Section 2. The City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of the County of Contra Costa, State of California, in accordance with the provisions of California Street and Highways Code Section 8336. Upon such recordation, the vacation and reversion are complete.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 23rd day of May 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Alexander Walker-Griffin, Mayor
ATTEST:
Eibleis Melendez
Acting City Clerk
EXHIBIT A
(Legal description and plat of 1’ wide non-access strip attached hereto)
EXHIBIT B
(Legal description and plat of public access and utility easement attached hereto)