Resolution 14836CITY OF ALAMEDA RESOLUTION NO. 14836
ORDERING THE SUMMARY VACATION OF A PUBLIC STREET
RIGHT-OF-WAY FOR A PORTION OF THE FORMER TINKER
AVENUE ADJACENT TO MARINER SQUARE LOOP
WHEREAS, the City of Alameda has elected to proceed under the
provisions of the Public Streets, Highways and Service Easements Vacation
Law, commencing with Section 8300 and, in particular, to Chapter 4, Sections
8334 and 8334.5 regarding summary vacation of the Streets and Highways
Code of the State of California, to summarily vacate certain public street right-
of-way situated within the corporate limits of said City, and more particularly
described and shown on Exhibit A, attached hereto; and
WHEREAS, pursuant to said provisions, the City Council may summarily
vacate said right-of-way described above; and
WHEREAS, the project is categorically exempt and there is no possibility
that the proposed vacation may have a significant adverse effect on the
environment, and the proposed vacation is therefore exempt from the California
Environmental Quality Act (CEQA) pursuant to Guidelines sections 15304 and
15305; and
WHEREAS, at its May 29, 2013 meeting, the Planning Board found that the
summary vacation of a portion of the former Tinker Avenue adjacent to Mariner
Square Loop conforms to the City’s General Plan; and
WHEREAS, the City Council of the City of Alameda has found, from all the
evidence submitted, that the right-of-way described above is unnecessary for
present or prospective public use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda as follows:
1. The City Council has reviewed and considered the staff report dated July
2, 2013, and submitted by the Community Development Department and
incorporates by reference said report into this resolution.
2. The City Council finds and determines that there are no in-place utility
facilities in use which would be affected by the vacation.
3. The City Council hereby finds and determines that the public
convenience and necessity require the reservation of a public service
easement in, upon, over, under and across a portion of the real property
proposed to be vacated, as such real property is described in Exhibit A
hereto; that said reservation shall be for any or all of the purposes set
forth in Section 8340 of the Streets and Highways Code of the State; and
that the proceedings taken herein for the vacation of said street are taken
subject to the reservation of such easement.
4. That from and after the date of this resolution is recorded, the street right-
of-way described in Exhibit A no longer constitutes a public street, and
said street right-of-way is hereby ordered vacated.
BE IT FURTHER RESOLVED that the City Clerk shall cause certified copy
of this order, attested by her under seal, to be recorded in the Office of the
Recorder of the County of Alameda.
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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 2nd day of July, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam
and Mayor Gilmore – 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 3rd day of July, 2013.
Lara Weisiger, City Clerk
City of Alameda