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ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DECLARING AS EXCESS RIGHT OF WAY AT THE NORTHEAST CORNER OF OLD BERNAL AVENUE AND AUGUSTINE STREET, RESERVING A PUBLIC SERVICE EASEMENT, AND QUITCLAIMING THE EXCESS TO THE ADJACENT PROPERTY OWNER WHEREAS, in 1975 the City was granted right of way (Series No. 76-94659) by the then owner of 287 Old Bernal Avenue for the realignment of Bernal Avenue as provided in the Railroad Consolidation project approved in 1965; and WHEREAS, this right of way on the northeast corner of Old Bernal Avenue and Augustine Street has never been used, is not planned to be used for street purposes, and has no intended future public use except for an three (3) foot portion to be reserved as a Public Service Easement for potential future public utilities or improvements; and WHEREAS, the current property owner of 287 Old Bernal Avenue, Ms. Fung Shuen, has requested that the City formally abandon this excess right of way because it is no longer needed for street purposes. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. The City Council finds that the majority of the right of way granted to the City in 1975 from the then owner of 287 Old Bernal Avenue at the northeast corner of Old Bernal Avenue and Augustine Street, as shown in Exhibit A, is excess and not needed for street purposes. SECTION 2. The City will reserve an three (3) foot wide Public Service Easement (PSE) for future public improvements or utilities along the back of the new right of way. SECTION 3. The City will quit claim the excess right of way, subject to the reservation of the PSE, to the current owner of 287 Old Bernal Avenue, upon that owner fulfilling these conditions: (1) process through the Community Development Department a lot line adjustment; (2) pay all necessary fees; (3) have an engineer/surveyor prepare the lot line adjustment map and descriptions to merge this strip of excess right of way into her parcel; and (4) include the reservation of the PSE along the back of the new right of way. SECTION 4. Upon the current owner fulfilling the conditions set forth in Section 3, the City Manager is authorized to execute the quitclaim deed and the lot line adjustment map; and the City Clerk is directed to cause such documents to be recorded in the Alameda County Records. SECTION 5. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on December 6, 2011.