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File Number: 17-614 <br />Staff recommends adoption of this resolution to effectuate the transfer of the described property <br />rights. <br />BACKGROUND <br />Westlake Urban, working on behalf of Chang Income Property Partnership, L.P., owner of the San <br />Leandro Tech Campus properties, requested that the City vacate and remove Martinez Street <br />and West Estudillo Avenue to facilitate development of the campus. These streets previously <br />provided overflow curbside parking for San Leandro BART. Saunders Street was previously <br />removed in the 1940s. <br />Although the roads were vacated and demolished in the first phase of the Tech Campus <br />development, the City reserved easement rights for buried utilities with the understanding that <br />these utilities would eventually be relocated. The developers entered into a Public Improvement <br />Agreement on July 16, 2014 to guarantee the utility relocations. <br />Now that the relocations are complete, the developer asserts that the unnecessary easement <br />rights should be vacated, and that replacement utility easements should be accepted that <br />coincide with the current utility alignments. To accomplish this, the following actions are <br />proposed: <br />(1) All public rights, both road and utility, should be summarily vacated across the former <br />Martinez Street (except the area needed for the East Bay Greenway), and across the <br />former West Estudillo Avenue. Such an action will terminate all public rights across these <br />specific areas. <br />(2) Storm and sewer rights should be summarily vacated across the former Saunders Street <br />since the sanitary sewer main was relocated to the East Bay Greenway right-of-way, and <br />since no storm drain facilities exist within the area. One sewer manhole could not be <br />relocated, so a replacement public service easement over this sliver of land surrounding <br />the manhole must be granted. <br />(3) The former West Estudillo Avenue will continue to have several underground utilities, so a <br />replacement public service easement over the former road must be granted. <br />(4) The southern extension of Martinez Street, south of Parrott Street, currently has a water <br />main operated by East Bay Municipal Utility District. Ultimately this water main will be <br />relocated to avoid a conflict with the future Tech Campus residential project, but for now it <br />must remain. As such, a replacement public service easement should be granted across <br />the water main. <br />Analysis <br />Summary vacation of right-of-way is provided in California Streets and Highways Code §8330 et <br />seq. The legislative body of a local agency may summarily vacate a street and/or public service <br />easement that has been superseded by relocation. A resolution must be adopted that provides <br />Page 2 City of San Leandro Printed on 12/12/2017 <br />270