HomeMy WebLinkAboutReso 95-22 Summarily Vacating Unused Right-of-Way on Campus DriveReso. No. 95-22, Item 4.9, Adopted 07/19/2022 Page 1 of 2
RESOLUTION NO. 95 – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING UNUSED RIGHT-OF-WAY ON CAMPUS DRIVE
WHEREAS, the County of Alameda is proposing to construct a 179,000-square-foot, five-
story parking garage located at the southwest corner of Campus Drive and Martinelli Way (APN
986-0034-013-01); and
WHEREAS, the County of Alameda requests the City of Dublin summarily vacate
approximately 1,906 square feet of right-of-way along Campus Drive, as described in the legal
description and depicted on the plat map, attached here to as Exhibit A and Exhibit B, to
accommodate the proposed parking garage and to align the Campus Drive extension; and
WHEREAS, the County of Alameda will coordinate with the current owner, Alameda
County Surplus Property Authority, to subsequently dedicate to the City approximately 1,386
square feet of right-of-way along Campus Drive; and
WHEREAS, Section 8330, et. seq., of the California Streets and Highways Code provides
for the summary vacation of street right-of-way; and
WHEREAS, Section 8331 of the California Streets and Highways Code authorizes the City
Council to summarily vacate street right-of-way if, for a period of five consecutive years, the street
has been impassable for vehicular traffic and no public money was expended for maintenance on
the street; and
WHEREAS, Section 8334.5 of the California Streets and Highways Code prohibits the City
Council from summarily vacating a street if there are in place public utility facilities that are in use
and would be affected by the vacation; and
WHEREAS, the California Streets and Highways Code requires consideration of a general
plan, including by the Planning Commission, if a proposed vacation is within a general plan area;
and
WHEREAS, the City Council adopted Resolution No. 125-16 exempting certain minor
dispositions and acquisitions of real property or interests in real property from required report to
the City Council by the Planning Commission as to their General Plan consistency, including
dispositions for street alignment projects; and
WHEREAS, the subject right-of-way vacation is minor in nature and for a street alignment
purpose and therefore exempt from the requirement that the Planning Commission report to the
City Council as to the General Plan conformity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds
that
Reso. No. 95-22, Item 4.9, Adopted 07/19/2022 Page 2 of 2
1. For a period of five consecutive years, the right-of-way to be vacated has been
impassable for vehicular traffic and no public money was expended for maintenance
on the right-of-way.
2. All public utility agencies and companies providing service in the project area have
been notified about the proposed vacation and have not objected to the proposed
vacation.
3. The vacation of the right-of-way is in conformance with the City’s General Plan
pursuant to Section 65402 of the Government Code.
4. The proposed vacation of the right-of-way 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.
BE IT FURTHER RESOLVED that based on the findings made and the above provisions
of the Streets and Highways Code, the City Council hereby order the summary vacation of the
1,906 square feet of right-of-way on Campus Drive, as shown on Exhibits A and B.
BE IT FURTHER RESOLVED that the City Manager or her designee is hereby
authorized to take any and all further actions to effectuate the vacation and quitclaim of the
right-of-way, including the execution of a Quitclaim Deed.
BE IT FURTHER RESOLVED that the Clerk of this City Council 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 19th day of July 2022, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Exhibits A & B
RECORDING REQUESTED BY:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived Der GC 2 73 83
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Resolution No. 95-22
Space above this line for Recorder's Use
Summarily Vacating Unused Right -Of -Way on Campus Drive