Resolution 16307 CITY OF ALAMEDA RESOLUTION NO. 16307
SUMMARILY VACATING A PUBLIC UTILITY EASEMENT, POWER
EASEMENT, PATHWAY EASEMENT, AND STREETLIGHT
EASEMENT AT 1051 HARBOR BAY PARKWAY
WHEREAS, on October 26, 2020, the Planning Board of the City of Alameda
adopted Resolution PB-20-23, approving final Development Plan and Design Review
application PLN17-0600 for the construction of a 133,611 square-foot, five-story hotel
with 236 guest rooms located at 1051 Harbor Bay Parkway; and
WHEREAS, Harbor Bay Isle Associates granted the City of Alameda a Pathway
Easement and Streetlight Easement with Parcel Map No. 3940 filed on December 29,
1982, in Book 137 of Parcel Maps, at Pages 34-36, Alameda County Records; and Public
Utility Easement and Power Easement with Parcel Map No. 4013 filed on April 12, 1983,
in Book 138 of Parcel Maps, at Pages 5-6, Alameda County Records, all together herein
known as "Easements"; and
WHEREAS, the proposed building location conflicts with the existing Easements
and vacation of Easements are necessary to facilitate the hotel development; and
WHEREAS, the California Streets and Highways Code Section 8333 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the City Council to summarily vacate a public service easement that has been superseded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 vacation; 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 Alameda
finds that:
1. The Public Utility Easement, Power Easement, Pathway Easement, and Streetlight
Easement have either been relocated or found to be no longer required by the
easement holder.
2. The vacation of the Public Utility Easement, Power Easement, Pathway Easement,
and Streetlight Easement are in conformance with the City's General Plan
pursuant to Streets and Highways Code Section 8313.
3. The proposed vacation of the Public Utility Easement, Power Easement, Pathway
Easement, and Streetlight Easement are categorically exempt from review under
the California Environmental Quality Act (CEQA) pursuant to Title 14 California
Code of Regulations, CEQA Guidelines Section 15301, Existing Facilities.
4. From and after the date the resolution is recorded, the Public Utility Easement,
Power Easement, Pathway Easement, and Streetlight Easement as described in
Exhibit A and shown in Exhibit B are vacated and shall no longer constitute a public
service easement; and
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 Easements located at 1051 Harbor Bay Parkway, as shown on Exhibits A
and B; and
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 Easements, including the execution of a Quitclaim Deed, if necessary; and
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.
Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTIoN
The land described herein is:situated in the State of California.County of Ahuneda„City of
Alameda, and is described as follows
All of the area designated as 3 foot Pathway Lisemeni and 12° foot Streetlight Easement as
depicted upon Parcel Map NO 3940 tiled on December 29th„ 198 .in Uook :137 of Parcel Maps,
at Pai;es 34. 35 and 36, Alameda Couniy Records,
A portion of the areas designated as rower Easement(P,E,)and Public, Utility Easement(P1 ,E1
lying Within Parcels 5 and 6 of Parcel Map No 4011 tiled on April 12", 1983,in Book IIX of
Parcel Maps. at Pages 5 and 6, Mame&County Records,
Excepting therefrom all of that 20-foot portion lying westerly and parallel with the east line of
Parcel 4,having a bearing and distance of North 4 1'257'51" West,28..61,1 feet and North
1737'47"West 3.15,54 led as shovm on said map. The sidelines of said 20.foot portion to be
extended or shortened to terminate at the north right-of-way line of['arbor Bay .1)arkway
Fxcepting therefrom all of Parcels 100-1-1B anti 100-1-2B iiA(Jocribed in Grant of Permanent
Easements recorded November 25,2003, as Recorders Series No 2003-694299 and all of
Parcels 103-2 and 103-3 as described in Grant of Permanent Lawmen's recorded November 25,
2003.as Recorders Series No, 200-6443044 Alameda County Records,
A plat, entitled Exhibit FL is attached hereto and by this reference made a part thereof.
Prepared by or under the supervision of
1i: .,r1/.
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Alexander V. Fong, PLS 9252:
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EXHIBIT 0 EXISTING EASEMENTS :
BEING QUITCLAIMED
sanbel. •I ..DAT,, oi„,,„ sc.,: t . ,..„:„.
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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 15th day of July 2025, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor and Mayor Ezzy
Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 16th day of July 2025.
f 1;2, tic)/
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen ',y- rney
City of Ala d