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Packet 20250519
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5A Consent
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Last modified
9/23/2025 9:40:22 AM
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9/15/2025 2:13:15 PM
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CM City Clerk-City Council
Document Date (6)
5/19/2025
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Reso 2025-047 Eden Road Intention to Vacate
(Amended)
Path:
\City Clerk\City Council\Resolutions\2025
Reso 2025-048 Eden Road Exempt Surplus Land
(Amended)
Path:
\City Clerk\City Council\Resolutions\2025
Reso 2025-049 Eden Road Approve Purchase Sale Agreement
(Amended)
Path:
\City Clerk\City Council\Resolutions\2025
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File Number: 25-175 <br />In 2007, the City Council by Ordinance No. 2007-002, established right-of-way lines for Eden <br />Road from Doolittle Drive to Davis Street. The establishment of the right-of-way lines for Eden <br />Road would provide an alignment for a new outlet on Davis Street at Business Center Drive. <br />In 2012, the City of San Leandro Redevelopment Agency (RDA) was dissolved along with other <br />statewide redevelopment agencies. The dissolution of the San Leandro RDA eliminated funding <br />that would offset costs associated with the paving of Eden Road. In an effort to facilitate the <br />construction of Eden Road, as codified in the City of San Leandro 2035 General Plan and to <br />deem the road in compliance with relevant statutory and regulatory public road and street <br />standards, the City started negotiations with the adjacent property owner, KK Eden Properties <br />LLC, and their tenant, Alco Iron & Metal, to construct the improvements. <br />In 2024 by Resolution No. 2024-022, the City, KK Eden Properties LLC, and Alco Iron & Metal <br />entered into a Memorandum of Understanding titled “Eden Road Public Improvement Agreement <br />(MOU).” The project, as defined in the MOU, is for the design, permitting, and construction of <br />Eden Road improvements between Doolittle Drive and the western terminus. In exchange for <br />Alco Iron & Metal constructing the roadway improvements, the City will vacate and sell Eden Road <br />to KK Eden Properties LLC at a negotiated price of $1.00. In turn, KK Eden Properties LLC will <br />sell and convey to the City a public utility easement, ingress-egress easement, and emergency <br />vehicle access easement in perpetuity across the entire length of Eden Road to be vacated. <br />While the MOU is a consensus of the negotiations between the City, KK Eden Properties LLC, <br />and Alco Iron & Metal to facilitate the project improvements, the Purchase and Sale Agreement <br />and Joint Escrow Instructions outlines in detail the terms and conditions of the sale and transfer of <br />Eden Road. <br />Analysis <br />The Surplus Land Act, Government Code §§54220-54233, requires the City to take formal action <br />to declare the land either as surplus land or exempt surplus land. The portion of Eden Road to be <br />vacated is owned in fee by the City and not necessary for the City’s use. Therefore, the street <br />vacation of Eden Road can be declared exempt surplus land per Government Code §54221(f)(1) <br />(E) and can be conveyed to the adjacent property owner. <br />The City of San Leandro Municipal Code Title 5, Chapter 5-4, Street and Easement <br />Abandonment, outlines the procedures for vacation of streets and easements. To proceed under <br />the provisions of this Chapter of the Municipal Code, a Resolution of Intention must be adopted to <br />order any vacation, and a public hearing must be set to hear evidence offered by any person <br />interested. <br /> Previous Actions <br />·On March 18, 2024, by Resolution No. 2024-022, City Council authorized the Eden Road <br />Public Improvement Agreement MOU <br />·On December 5, 2024, by Resolution No. 2024-011, the vacation process was initiated by <br />the City of San Leandro Planning Commission adopting a resolution finding that the <br />proposed Street Vacation is in conformity with the General Plan <br />Page 2 City of San Leandro Printed on 9/4/2025
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