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RESOLUTION NO. 2022-276 2 Monday through Friday) located at 960 San Leandro Boulevard; and 2. A public hearing is not required and the use of a summary proceeding is allowed for the vacation of this public use easement by having met either of the following cases specified in California Streets and Highways Code section 8333: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. 3. Separately and in addition to the provisions stated above the right of way to be abandoned lies within property under one ownership and there are no public utility facilities in place that are in use, or anticipated for future use, that would be affected by the vacation. California Streets and Highways Code section 8334.5 authorizes the use of the summary abandonment procedure. 4. The vacation and abandonment of the easement shall become effective, and therefore no longer constitutes a public service easement, as of the date this Resolution is recorded. 5. Pursuant to Streets and Highways Code section 8336 the City Clerk be, and hereby is, directed to record a certified copy of this resolution, attested by her under seal, in the office of the Recorder of Alameda County. Introduced by _______ and passed and adopted this 2nd day of May 2022, by the following vote: Members of the Council: AYES: NOES: ABSENT: ATTEST: Kelly B. Clancy, Acting City Clerk