HomeMy WebLinkAboutItem 5.4 Summary Vacation of Public Utility Easements Located in Tract 8372 Boulevard Development
STAFF REPORT
CITY COUNCIL
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Agenda Item 5.4
DATE: December 2, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Summary Vacation of Public Utility Easements Located in Tract 8372 at
the Boulevard Development
Prepared by: Oscar Rivera, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving a summary vacation of portions of public utility
easements on Lots 64, 68, and 75 of Tract 8372, which is part of the Boulevard development.
The easements have not been used for the purpose for which they were dedic ated and are no
longer needed.
STAFF RECOMMENDATION:
Adopt the Resolution Summarily Vacating Public Utility Easements on Lots 64, 68, and 75 of
Tract 8372.
FINANCIAL IMPACT:
There is no impact to the General Fund. All costs associated with the preparation of this report
and the processing of the summary vacation are borne by the developer.
In accordance with Section 8336 of the Streets and Highways Code, no fee shall be charged
for the recordation of the certified copy of the resolution of vacation.
DESCRIPTION:
An offer of dedication of public utility easements to the City was made on the Final Map of
Tract 8372, which was recorded on November 29, 2021. The public utility easements are for
construction and maintenance of utility structures and appurtenances. The public utility
easements were accepted on behalf of the City of Dublin when the City Engineer approved the
final map. No public utility infrastructure was ultimately constructed within the subject
easements. The relevant utility companies have confirmed that these easements are not
required for their current or future service needs. Accordingly, the project developer has
requested the vacation of these easements to permit the unencumbered construction of
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landscape retaining walls within the easement area.
Pursuant to the Streets and Highways Code Section 8333(b), the City Council may summarily
vacate public service easements, which includes the public utility easements, if the easements
were dedicated less than five years, or more than one year, immediately preceding the
proposed vacation, and the easement was not used continuously since that date. The Final
Map of Tract 8372 was recorded on November 29, 2021, which meets the timeframe required
by the Streets and Highways Code. There are no pub lic utilities constructed within the
easement areas, the easement was not used continuously, and the City no longer requires the
easements. Therefore, the City Council may summarily vacate the easements.
Following adoption of the resolution, pursuant to Streets and Highways Code Sections 8335
and 8336, the City Clerk will record a certified copy of the resolution of vacation in the office of
the County Recorder. Upon such recordation, the vacation is complete. The attached
resolution also authorizes the City Manager to quitclaim any interest in the easements should
the title company require a quitclaim deed to clear the easements from the title of the property.
General Plan Consistency
The 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. It further requires that
Government Code Section 65402, which states that the Planning Commission shall report as
to the conformity with the City’s General Plan, shall be followed if that section applies to the
proposed vacation; however, this section is not applicable in this situation because the
proposed vacation of the public service easement does not qualify as the disposition of real
property.
ENVIRONMENTAL REVIEW:
This vacation is categorically exempt from the California Environmental Quality Act (CEQA)
per CEQA Guidelines Section 15301, Existing Facilities.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Summarily Vacating Public Utility Easements on Lots 64, 68, and 75 of Tract
8372
2) Exhibit A to the Resolution – Legal Description and Plats of Public Utility Easement
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Attachment I
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING PUBLIC UTILITY EASEMENTS ON LOTS 64, 68, AND 75 OF
TRACT 8372
WHEREAS, Section 8333 of the California Streets and Highways Code provides for the
summary vacation of public service easements; and
WHEREAS, the owner requests to summarily vacate portions of a Public Utility Easement
on Lots 64, 68, and 75, as described on Exhibit A to this Resolution; and
WHEREAS, the Public Utility Easement was dedicated to the public on November 29, 2021,
with the Final Map for Tract 8372, Book 367, Pages 26-35 in the Alameda County Official Records;
and
WHEREAS, Subsection (b) of Section 8333 of the California Streets and Highways Code
authorizes the City Council to summarily vacate a public service easement that was dedicated
less than five years, and more than one year, immediately preceding the proposed vacation, and
the easement was not used continuously since that date; 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 that the City Council of the City of Dublin finds
that:
1. The vacation of the Public Utility Easement is made under Streets and Highways Code,
Division 9, Part 3, Chapter 4. Summary Vacation.
2. There are no known public facilities or utilities located within the Public Utility Easement to
be vacated.
3. The easement was dedicated less than five years, and more than one year, immediately
preceding the vacation and the easement was not used continuously since that date.
4. All utility companies providing service in the project area have been notified about the
proposed vacation and have not objected.
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2
5. The vacation of the Public Utilities Easement is in conformance with the City’s General Plan
pursuant to Streets and Highways Code Section 8313.
6. The proposed vacation of the Public Utilities Easement is categorically exempt from review
under the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code
of Regulations, CEQA Guidelines Section 15301, Existin g Facilities.
BE IT FURTHER RESOLVED that based on the findings made and the above provisions
of Section 8333 of the Streets and Highways Code, the City Council hereby orders the summary
vacation of portions of a Public Utility Easement on Lots 64, 68, a nd 75, as described on Exhibit
A.
BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized to
take any and all further actions to effectuate the vacation of the easement, including the execution
of a Quticlaim Deed, if necessary.
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 or
Alameda.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 2nd
day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
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