Laserfiche WebLink
1. The Council of the City of San Leandro hereby orders the summary vacation and <br />abandonment of that right of way for ingress, egress, access and parking (including unrestricted <br />weekend and evening use and eight (8) parking spaces during the hours of 9:00 a.m. to 5:00 p.m., <br />Monday through Friday) located at 960 San Leandro Boulevard; and <br />2. A public hearing is not required and the use of a summary proceeding is allowed for <br />the vacation of this public use easement by having met either of the following cases specified in <br />California Streets and Highways Code section 8333: <br />(a) The easement has not been used for the purpose for which it was dedicated or <br />acquired for five consecutive years immediately preceding the proposed <br />vacation; or <br />(b) The date of dedication or acquisition is less than five years, and more than one year, <br />immediately preceding the proposed vacation, and the easement was not used <br />continuously since that date; or <br />(c) The easement has been superseded by relocation, or determined to be excess by the <br />easement holder, and there are no other public facilities located within the <br />easement. <br />3. Separately and in addition to the provisions stated above the right of way to be <br />abandoned lies within property under one ownership and there are no public utility facilities in <br />place that are in use, or anticipated for future use, that would be affected by the vacation. California <br />Streets and Highways Code section 8334.5 authorizes the use of the summary abandonment <br />procedure. <br />4. The vacation and abandonment of the easement shall become effective, and therefore <br />no longer constitutes a public service easement, as of the date this Resolution is recorded. <br />5. Pursuant to Streets and Highways Code section 8336 the City Clerk be, and hereby is, <br />directed to record a certified copy of this resolution, attested by her under seal, in the office of the <br />Recorder of Alameda County. <br />Introduced by Councilmember Lopez and passed and adopted this 2nd day of May 2022, <br />by the following vote: <br />Members of the Council: <br />AYES: Councilmembers Aguilar, Azevedo, Ballew, Cox, Lopez, Simon, Mayor Cutter (7) <br />NOES: None (0) <br />ABSENT: None (0) <br />ATTEST: && g &kt�t� <br />Kelly B. C cy, Acting City Cle <br />RESOLUTION NO. 2022-062 2 <br />