HomeMy WebLinkAboutReso 14-25 Summarily Vacating an Emergency Vehicle Access Easement Located at 4321 Toyota Drive (Streets and Highways Code Chapter 4)
Reso. No. 14-25, Item 5.2, Adopted 03/18/25 Page 1 of 2
RESOLUTION NO. 14 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT
4321 TOYOTA DRIVE
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS, Parcel Map 8726 in the incorporated territory of the City of Dublin, State of
California was approved by City Council Resolution 10-06 in accordance with provisions of the
Subdivision Map Act of the State of California, and the City of Dublin Municipal Code; and
WHEREAS, the existing Emergency Vehicle Access Easement (EVAE) dedicated on
Parcel Map 8726 does not conform to the existing parking lot configuration; and
WHEREAS, the owner requests to vacate the existing EVAE and dedicate a new EVAE
that aligns with the existing parking lot configuration; and
WHEREAS, Section 8333 of the California Streets and Highways Code authorizes the
City Council to summarily vacate a public service easement that has been superseded by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; and
WHEREAS, the California Streets and Highways Code Section 8313 requires that, if the
proposed vacation of a street or public service easement is within an area for which a general
plan is adopted, the City Council must consider the General Plan prior to vacating the
easement; and
WHEREAS, the California Streets and Highways Code Section 8313 further requires that
Government Code Section 65402, which states that the Planning Commission shall report as to
conformity with the General Plan, shall be followed if that section applies to the proposed; and
WHEREAS, the California Streets and Highways Code Section 8313 is not applicable in
this situation because the proposed vacation of the public service easement does not qualify as
the disposition of real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin finds
that:
1. With the proposed EVAE relocation, the existing easement is no longer required.
2. The vacation of the EVAE is in conformance with the City’s General Plan pursuant to
Streets and Highways Code Section 8313.
3. The proposed vacation of the EVAE is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Title14 California Code of
Regulations, CEQA Guidelines Section 15301, Existing Facilities.
4. From and after the date the resolution is recorded, the EVAE as described in Exhibit A is
vacated and shall no longer constitute a public service easement.
Docusign Envelope ID: B59DE350-3F4F-492D-9C1B-6DFB72C6F130
Reso. No. 14-25, Item 5.2, Adopted 03/18/25 Page 2 of 2
BE IT FURTHER RESOLVED that based on the findings made and the above provisions
of the Streets and Highways Code, the City Council hereby orders the summary vacation of the
EVAE located at 4321 Toyota Drive, as described in Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized
to take any and all further actions to effectuate the vacation and quitclaim of the easement,
including the execution of a Quitclaim Deed, if necessary.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a certified
copy of this Resolution to be recorded in the office of the County Recorder of Alameda.
PASSED, APPROVED AND ADOPTED this 18th day of March 2025, by the following
vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Docusign Envelope ID: B59DE350-3F4F-492D-9C1B-6DFB72C6F130
EXHIBIT A
Page 1 of 1
G:\Job2022\221064\Survey\DescripƟons\221064 EVAE VACATION.docx
All of the Emergency Vehicle Access Easement (EVAE) dedicated and accepted on the
map entitled “Parcel Map 8726”, recorded in Book 290 of Parcel Maps at Pages 29
through 33, Official Records of Alameda County.
Docusign Envelope ID: B59DE350-3F4F-492D-9C1B-6DFB72C6F130