APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION VACATING A PORTION OF THE PUBLIC SEWER
EASEMENT AT 2359 HARRISON STREET TO THE PROPERTY
OWNER, NASH – HOLLAND 24 TH AND WAVERLY INVESTORS,
LLC, AND ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, NASH – Holland 24th and Waverly Investors, LLC , (Owner) is the owner of the Parcel and which is described in a Grant Deed, recorded July 28, 2021, Series No. 2021- 260952, by the Alameda County Clerk-Recorder, and which is further identified by the Alameda County Assessor as parcel numbers 008-0670-017, 008-0670-018, 008-0670-001, 008-0670-002, 008-0670-003, 008-0670-004, 008-0670-015, and 008-0670-016 (Subject Property); and WHEREAS, there is an existing public sewer easement on the Subject Property located at 2359 Harrison Street (Easement) and more particularly described in attached Exhibit A (Legal Description) and Exhibit B (Graphic Delineation); and
WHEREAS, said Owner obtained Building permit number B2100632 for construction of a mixed-use building with three hundred thirty (330) residential units, including fifteen (15) very low income units, and thirteen thousand (13,000) square feet of retail space (PLN 20-082) WHEREAS, the proximity of the Easement to said building is such that the proposed structure will encroach into the existing Easement; and WHEREAS, the Owner has filed an application (PPE2200051) with the City of Oakland, as required by the California Streets and Highway Code, and paid all fees as required by the Master Fee Schedule, requesting that the Council formally summarily vacate a portion of the Easement no longer needed for public purposes; and
WHEREAS, under California Streets and Highways Code section 83 20, the legislative body of a local agency may vacate a public utilities easement after having been subjected to a public hearing and public notice for a minimum of two consecutive weeks prior to said hearing; and
DRAFT
2 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 the Department of Transportation had determined that the Easement to be vacated is no longer necessary for any existing or future public purpose; and
WHEREAS, Staff recommends the City Council find and determine 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; 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 an d correct and hereby makes them a part of this Resolution; 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: The the City Administrator, or his designee, is authorized to file a Notice of Exemption with the County of Alameda; and be it
FURTHER RESOLVED: That the vacation of the 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, pursuant to California Streets and Highways Code Section 8336, said vacation shall not be complete unless and until this Resolution has been filed with and recorded by the Alameda County Recorder within three -hundred and sixty -five (365) consecutive days following approval of this Resolution by the Council of the City of Oakland ; and be it
3 FURTHER RESOLVED: That the City Administrator is hereby directed to file a certified copy of this Resolution for recordation with the Office of the Alameda County Recorder as an encumbrance of the title of the Subject Property.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, 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.
2646873v7 - updated 03/2/2021
EXHIBIT A
Legal Description of Public Right of Way Proposed for Vacation
5 EXHIBIT A (continued)
6 EXHIBIT B
Graphic Delineation of the Public Right of Way Proposed for Vacation