Resolution 12494CITY OF ALAMEDA RESOLUTION NO. 12494
RESOLUTION OF INTENTION TO VACATE A PORTION OF
MECARTNEY ROAD RIGHT-OF-WAY ADJACENT TO 158 MAITLAND
DRIVE, AND A DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT PURSUANT TO SUBSECTION 15305(A)
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
AND FIXING A DATE AND TIME FOR PUBLIC HEARING
WHEREAS, the residence at 158 Maitland Drive is for sale.
The property is the most easterly property before the inter-
_ section of Mecartney, Melrose, and Maitland, and the rear of this
property is bounded by Mecartney Road. Concrete curb, gutter and
sidewalk do not exist on the northerly side of Mecartney Road in
the two block area from the intersection of Maitland Drive
westerly to the intersection of County Road; and
WHEREAS, in 1948 and 1951, an addition and a garage,
respectively, were constructed without benefit of a survey and
both encroach into the public right-of-way up to approximately 12
feet; and
WHEREAS, the Public Works Department has no objection to
the proposed vacation; and
WHEREAS, a legal description and plat map describing the
portions of Mecartney Road to be vacated is attached hereto as
Exhibit A; and
WHEREAS, the prospective -._-ayer has agreed to pay for and
construct the required improvements in exchange for the vacation;
WHEREAS, the City Council of the City of Alameda has
determined that this project is categorically exempt under the
California Environmental Quality Act Guidelines section 15305
(Minor Alterations in Land Use Limitations) subdivision (a)
because it grants an easement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that;
(1) It is the intent of the City Council to vacate the
portion of MeLartney Road described in Exhibit A.
(2) That the project is categorically exempt, pursuant to
Subsection 15305(a) of the California Environmental Quality Act
(CEQA).
(3) The vacation proceeding is conducted pursuant to the
provisions of the California Streets and Highways Code, Chapter
3, Division 9, Part 3, (General Vacation Procedures) and
particularly Section 8321 thereof;
(4) A public hearing shall be set for 7:30 p.m. on
Tuesday, February 15, 1994, in the City Council Chambers, City
Hall, Alameda, the date being more than 15 days from the adoption
of this Resolution.
(5) Notice of the date, hour, and place of the public
hearing shall be published in the newspaper for at least two
successive weeks prior to the public hearing.
(6) Notice of vacation shall be posted along the portion
of Mecartney Road to be vacated two weeks before the hearing, in
conformance with the procedures set forth in the California
Streets and Highways Code, Section 8323.
STREET VACATION OF A PORTION OF MECARTNEY ROAD
A portion of Mecartney Road described as follows:
A strip of land 12 feet in width adjacent to and southerly of the
southerly property line of that property known as 158
Maitland Drive, and more specifically described as follows:
BEGINNING at the intersection of the northerly line of Mecartney
Road and the southwesterly line of Maitland:Drive as said
Road and Drive exist today;
THENCE North 59°00'20" West along said northerly line of
Mecartney Road 168.83 feet to the westerly line of said
property;
THENCE southerly along the prolongation of said westerly property
line South 56°40'30" West 13.32 feet, more or less, to a
point on a line parallel to and 12 feet from the northerly
line of Mecartney Road;
THENCE South 59°00'20" East along said parallel line 168.83 feet;
THENCE North 56°40'30" East to the POINT OF BEGINNING.
Council \Abandonl158Mnic.ROW
1/10/94
EXHIBIT "A"
Page 1 of 2
LOCATION MAP
EXHIBIT 'A'
o\
N
N
0
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 regular meeting assembled on the 18th
day of January , 1994, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19th day of January , 1994.
Patricia Calbreath, Deputy City Clerk
City of Alameda