Resolution 15916CITY OF ALAMEDA RESOLUTION NO. 15916
TO SUMMARILY VACATE AN EXCESS PORTION OF EVERETT
STREET IN THE CITY OF ALAMEDA, CALIFORNIA PURSUANT TO
STREETS AND HIGHWAYS CODE SECTION 8330.
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements
Vacation Law, commencing with Streets and Highways Code section 8330, provides
for summary vacation of streets and highways; and
WHEREAS, on October 6, 1959 the City of Alameda approved Resolution 5949
that vacated a portion of right-of-way along the northern end of Everett Street, north
of Blanding Avenue; and
WHEREAS, on April 6, 2020, Apex Companies, LLC submitted, on behalf of the
property owner, TC 12421 Blanding LLC, an application for an encroachment permit
for various improvements to a private parking lot serving 2421 Blanding Avenue,
located at the north end of Everett Street; and
WHEREAS, approximately 960 square feet of right-of-way on Everett Street,
approximately 116 feet northeasterly of Blanding Avenue, is located behind a privately
owned mechanized gate providing access to the private property; and
WHEREAS, on August 6, 2020, the City of Alameda approved an encroachment
permit for improvements to the parking lot, subject to a condition of approval requiring
the owner to either remove the gate or complete a vacation of the excess right-of-way
along Everett Street; and
WHEREAS, the private improvements on the 960 square feet of excess City
right-of-way on Everett Street require the right-of-way to be vacated for orderly
development; and
WHEREAS, the 960 square feet of excess City right-of-way on Everett Street is
not required for street or highway purposes, nor to serve any of the City's operational
needs; and
WHEREAS, the 960 square feet of excess City right-of-way on Everett Street
has been impassable for vehicular travel for the past five consecutive years, and no
public money was expended for maintenance on the excess portion during such
period; and
WHEREAS, based on the above recitals, the City Council desires to summarily
vacate the 960 square feet of right-of-way on Everett Street, as more particularly
described in Exhibits A, B and C to the accompanying staff report; and
WHEREAS, the City Council also desires to reserve and except from the
vacation all of the existing easements along Everett Street, including but not limited
to a 10 -foot wide sewer and storm drain easement and a 12 -foot wide joint pole public
utility easement; and
WHEREAS, Streets and Highways Code Section 8313 and Government Code
Section 65402 require that the location, purpose, and extent of a street vacation
conform with the City's General Plan; and
WHEREAS, the subject right-of-way is designated General and Maritime
Industry in the Alameda 2040 General Plan; and
WHEREAS, on May 23, 2022, the Planning Board adopted a resolution confirming
that the vacation of the 960 square feet of excess City right-of-way on Everett Street
conforms with the City's General Plan; and
WHEREAS, on June 7, 2022, the City Council of the City of Alameda conducted
a duly noticed public hearing to consider the same.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda
that:
SECTION 1. The foregoing recitals are true and correct, and, together with
information provided by City staff and the public, if any, form the basis for the
approvals, findings, resolutions, and determinations set forth below.
SECTION 2. Pursuant to the requirements of California Streets and Highway
Code Section 8330, the City Council hereby orders the vacation portion of the public
right-of-way described in Exhibits 1, 2 and 3 to the accompanying staff report.
However, all the existing utility easements along the vacated portion of the right-of-
way shall be reserved from the vacation and shall be maintained.
SECTION 3. This Resolution shall become effective on the 7th day of June,
2022, and shall be recorded by the City Clerk in the Alameda County Recorder's
Office shortly thereafter.
SECTION 4. From and after the date this Resolution is recorded in the Alameda
County Recorder's Office, the vacated portion of public right-of-way shall no longer
constitute a public street or highway and shall revert to the property located at APNs
70-195-15 and 70-196-23.
Exhibit A
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ENGINCCRS
SURVEYORS
MANNERS
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Exhibit B
EXHIBIT
I .FGA.1
EVERETT STEL ABANDONNIF.N1
t gin:toed in tki. CiLo4* (74:1,11,S, (If Ahltril't Stlie
Caliinnta, iJ itit;:stitinei as fkw.
BEING a pun:vu 01 Butt fist. too* A(":dc was... in the (I) o:Alwitctla ui reoce
partieu ad.,' de. icritut dos
BLGINNIM; :A the Ititittvo.-4vrty z<irte- old*: po-txt of. to id J.:Acid:NM in 2ct,t, Intim No
un ti, tie Vaeotion ct a Portion of fve,tretch ir the City tI .Ataiwni
INfichest Frtt '7%4T,." i tec rti ektio'),'” Itli4 to Rook 9" 71 at P. 747.4)f loll'
Re...x-ritttfAl.tnedetC unit", ,NIrtt:I. Mon a roil 41'n th.: Iii)AUWASAIY Frft
siv,43, 141 te. 4 irtNi.wth 14 24 on ° FaA .‘kt,.c,erity..t.t a.. North 34 .1.1'1Pr }j (1
Itzt.olui kJ: No 949 t 1 6.f0 on -N.11,4,44 lirx of fr:a dirty emu:. Mt
%id:, as und htn or the. vt Jenks and \lead I f.x.i..roLd
'frac..". Jit i,S')4, IA Lo < tl ot fps Kt Par, /7' r ffct ut the Reetrdef
o' A at
THENCE, A),Itheasicol.;), Avvr, the sotehwesiteriy 'inc. ill Avid Resolutott No: 5944, South
$5=',30NI4"h.st (homm Av, North 5.573('3C` West on Re%oiution No. 5949) ti4
point on the .;outhetoterly tire of aitt: FIA.'`..VIT Stmt., tiktant -North 14:14W Fait
tecstat.v.3 North 34 2:1'06'' ,:ast u Rootuttoi .5941) 1160 foci, f'otr
nortlic:Ar2.yIL Biondi% ,Avell4
'TITFNC„Loittaz4i:id,soctlims'.erly lin.; of IN South 14'241E' W.N:16,01jfk4l,
iT.UNCA. !eestrt. said. soutlieusta.fy Eno Vitf.4 6000
fixt to thc ttread rorthwtrttalv Fne 1.'f" Furett vet;
mils -4 E, ,Lot,t; Iv last Nod 24.3r East it.itit tbet t1..; P()FN'T OF
BEttfiettir.S(o..
Containing av :yea of 960 stplAre. -tee. MON or les•:t.
heoxiatt.. "Not'll East" betu t:70) or NTQuell' 11.4*s list
.trA,Itittnattt 41 tilt; next and tvuth of the i3t.44%! tl Oil It :.,.!ord of Survcy
No,
1 '4 tUU 111y 4, 1414, ir Rook 18 (if RNoni of s!trve,y NitAp. A OA drot
6tit,itit-Ausiit4 Ai: ()fie,.; of the: Rooenkr A0., 4101 th htr,istvf
hearing tin- this dmriptitrt
Poet 1 of
September 26, 2020
BKF Job No—10191315-M
Ev4Lt S.rvii Atnindovo tient
A pit showing the above described parcel is aitachQd Ile(ett) and made a part herea
Exhibit
This description was prepaid by me or under my direction for BKE.Engineers.
By
Paul A...Kittredge, PLS..No, .5790
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Page 7 of 2
Exhibit C
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2018 -244C5.1 C.D.
APN: 070-C145-003
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BLANDING AVENUE
(Bo. vim rotr.10147 OF AltY)
SCAM 1" 20"
20 fl
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LEGEND:
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C TY OF ALAMEDA
COUNTY or ALAMEDA
STATE OF CALIFORNIA EXHIBIT "E3"
tam.stsvvert. %A/411ERS:
54•3M CAU* 0 L'4C
5.13E 400
WALNUT C. 44S9C
925-O4C-220
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S.Itpx-t P1,6ILTO ACCOVPAI4Y
ABAKDOMAtti 7 EX.S0P1.0ti
jot) No, 20:D1315-51
_ rite 04 -`725 Chgd:W
, 1
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 7th day of June 2022, by the following vote to wit:
AYES: Councilmembers Herrera Spencer, Knox White, Vella and
Mayor Ezzy Ashcraft — 4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 8th day of June 2022.
Lara Weisiger, City Clerk
City of Alameda
Yibin Shen", ity
City of Alamed