Title
RESOLUTION of Intention Calling for a Public Hearing to Vacate Portions of the Public Right-of-Way and Retain Public Utility Easements on a Portion of Martinez Street Between West Estudillo Avenue and Thornton Boulevard; and West Estudillo Avenue Between Alvarado Street and Martinez Street; and Scheduling a Public Hearing Date for July 21, 2014 (the purpose of this action is to make public the City Council's intention to vacate portions of public streets and also to announce a date for a public hearing related to the vacations)
Body
WHEREAS, the City Council of the City of San Leandro elects to proceed under the provisions of Title V, Chapter 4, of the San Leandro Municipal Code; and
WHEREAS, it is the intention of the City Council to vacate portions of Martinez Street and West Estudillo Avenue public right-of-way and public utility easements. Said portions of Martinez Street and West Estudillo Avenue are public streets in the City of San Leandro, Alameda County, California, officially known and designated as such. The portions of the streets so proposed to be vacated and abandoned are described in Exhibit A, attached hereto, and made a part hereof; and
WHEREAS, these proceedings are made subject to the reservation and exception, until such time as all utilities are relocated outside the area proposed to be reserved and excepted, of easement and right-of-way to construct, maintain, operate, replace, remove, renew and enlarge sanitary sewers, storm drains and public utility services now existing in a portion of said area, more precisely described in Exhibit A, including all necessary and convenient appurtenant structures and incidental purposes thereto, including access; and
WHEREAS, notice is hereby given that on July 21, 2014, at 7:00 p.m. in the City Council Chambers, City of San Leandro, 835 East 14th Street, San Leandro, California, any and all persons having any objections to the proposed vacations may appear before the City Council and show cause why said proposed vacations should not be ordered; and
WHEREAS, it is the intention of the City Council that the subject vacations not become operative unless and until the sanitary sewer, storm drainage, utilities and other street improvements are constructed and accepted by the City Engineer; and
WHEREAS, it is the intention of the City Council to retain a public utilities easement on Martinez Street; and
WHEREAS, it is the intention of the City Council to retain a public utilities easement on the northern 30-foot portion of West Estudillo Avenue; and
WHEREAS, the San Leandro Planning Commission has found the proposed vacations conform to the requirements of the San Leandro General Plan; and
WHEREAS, the City Council has determined that the Findings and Negative Declaration are complete and in compliance with the California Environmental Quality Act; and
WHEREAS, it is the intention of the City Council to condition the vacation of said public right-of-way by authorizing the City Clerk to accept a dedication for public right-of-way for the street vacations if the improvements related to the street vacations are not initiated within twenty-four (24) months of this action.
NOW, THEREFORE, the City of San Leandro does resolve that the City Clerk shall cause this Resolution of Intention to be published once a week for at least two (2) successive weeks prior to the date of public hearing stated in said resolution. Said Resolution of Intention shall be posted conspicuously along the line of the streets, or easements proposed to be vacated at least two (2) weeks before the date set for hearing. Such resolution shall be posted not more than three hundred (300) feet apart, but at least three (3) shall be posted.