2646873v7 - updated 03/2/2021
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION VACATING A PORTION OF THE UT ILITIES
EASEMENT FOR THE FRUITVALE TRANSIT VILLAGE PHASE II-B
PROJECT AT 3 511 EAST 12 TH STREET AND MAKING
APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
WHEREAS, the City of Oakland (City) is the owner of Parcel A, which is described in a Grant Deed, recorded April 28, 2017, Series No. 2017109163, by the Alameda County Clerk- Recorder, and which is further identified by the Alameda County Assessor as parcel number 033- 2197-019-01 (“Subject Property”); and
WHEREAS, there is an existing utilities easement on the Subject Property located at 3511 East 12th Street (“Utility Easement”) and more particularly described in attached Exhibit A (“Legal Description”) and Exhibit B (“Graphic Delineation”); and
WHEREAS, the BRIDGE Housing Corporation (“Developer”) and the City entered into a long-term lease agreement for the Developer to construct the Fruitvale Transit Village Phase II- B project; and
WHEREAS, in accordance with the lease agreement, the Developer completed the relocation of the storm drain when constructing the new building for the Fruitvale Transit Village Phase II-B on the Subject Property; and
WHEREAS, in accordance with the lease agreement, the Developer completed construction for Pacific Gas & Electric (PG&E) service on the Subject Property and a PG&E Easement Deed for ten feet (10’) in width was recorded February 26, 2018, Series No. 2018039048, by Alameda County Clerk-Recorder; and
WHEREAS, the Developer has filed an application (PPE2100051) with the City , as required by the California Streets and Highway Code, and paid all fees as required by the Master Fee Schedule, requesting that the City Council formally vacate a portion of the Utilities Easement no longer needed for public purposes; and
WHEREAS, under California Streets and Highways Code section 8324, the legislative body of a local agency may adopt a resolution granting the vacation of a public service easement after hearing evidence offered by interested persons and if the legislative body finds, from all the
2 evidence submitted, that the street, highway, or public service easement as described in the notice of hearing is unnecessary for present or prospective public use; and
WHEREAS, pursuant to California Streets and Highways Code section 8330, the City Engineer has determined that said portion of the utility’s easement proposed for vacation be vacated by this Resolution; and
WHEREAS, in accordance with Government Code section 65402, the Planning Commission considered the proposed vacation and found it to be consistent with the General Plan; and
WHEREAS, in accordance with Streets and Highways Code section 8313, the City Council has considered the proposed vacation and finds that it conforms to the General Plan; and
WHEREAS, the Director of Transportation had determined that the proposed vacation of said utilities easement to be vacated is no longer necessary for any future public purpose; and
WHEREAS, Staff recommends the City Council find and determine that the vacation is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations; now, therefore, be it
RESOLVED: That the City Council has reviewed all relevant documents relating to its grant of the utilities easement vacation that is the subject of this Resolution, and finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and be it
RESOLVED: That the City Council has reviewed all evidence offered by persons of interest by public hearing; and be it
FURTHER RESOLVED: That the City Council finds and determines that the vacation is categorically exempt from the requirements of CEQA pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations; and be it
FURTHER RESOLVED: That the vacation of the utility’s easement, is described and delineated in the attached Exhibit A and Exhibit B; and be it
FURTHER RESOLVED: That this Resolution shall take effect immediately upon the approval of the City Council and recordation of this resolution with the Office of the Alameda County Recorder; and be it
FURTHER RESOLVED, That The City Council directs the City Administrator to file a Notice of Exemption; now, therefore, be it
3 FURTHER RESOLVED: That the City Clerk of the City of Oakland is hereby directed to file a certified copy of this resolution for recordation by the Alameda County Clerk-Recorder.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, REID, RAMACHANDRAN, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Exhibit A: Legal Description of the Public Right of Way Proposed for Vacation.
Exhibit B: Graphic Delineation of the Public Right of Way Proposed for Vacation.
4 EXHIBIT A
Legal Description of Public Right of Way Proposed for Vacation
5 EXHIBIT B
Graphic Delineation of the Public Right of Way Proposed for Vacation