RES 2024020 - Laserfiche WebLink

RESOLUTION NO. 2024-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON OF SUMMARY VACATION FOR PUBLIC SERVICE AND EMERGENCY VEHICLE ACCESS EASEMENTS AND ACCEPTANCE OF REPLACEMENT EMERGENCY VEHICLE ACCESS EASEMENT AT 4452 ROSEWOOD DRIVE WHEREAS, on May 22, 1986, Parcel Map 3863 (Book 161 of parcel maps at Pages 15 through 30) dedicated public easements within Hacienda Business Park Phase II, including easements that encumber the property identified as Lot 59, now known as the Rosewood Commons business campus at the northeast corner of Rosewood Drive at Owens Drive. The encumbrances included a 50-foot-wide public service easement (PSE) along the property frontages. The PSE was granted for the installation and operation of public utilities throughout Hacienda Business Park; and WHEREAS, on January 10, 2012, the City adopted Ordinance No. 2034 which rezoned an 8.4-acre portion of Lot 59 to Planned Unit Development-High Density Residential (PUD-HDR) consistent with the City's Housing Element update to meet the City's Regional Housing Needs Allocation; and WHEREAS, on May 7, 2013, the City adopted Ordinance No. 2067 approving a Planned Unit Development Major Modification and Development Plan (PUD-85-08-1 D-4M) for the construction of 305 apartment units and two retail buildings at the 8.4-acre portion of Lot 59. The City also entered into a Development Agreement with Pleasant Partners LLC (Series No. 2013- 208707) that memorialized the right to construct the project, subject to the City's development review and permitting processes; and WHEREAS, on July 13, 2015, Parcel Map 10287 (Book 330 of parcel maps at Pages 1 through 8) subdivided Parcel 59. The site where the housing project was contemplated by Ordinance Nos. 2034 and 2067 became Parcel 591. In addition, an emergency vehicle access easement(EVAE) was granted to the City across a network of drive aisles through the subdivided business campus including across newly-created Parcel 591; and WHEREAS, on August 25, 2021, Parcel Map 10172 (Book 352 of parcel maps at Pages 89 through 92) further subdivided Parcel 591 to create Parcels 591 (revised), 59B and 59C. Parcels 59B (two retail building site) and 59C (305 apartments site) represent the 8.4-acre project site. An overlapping but narrower PSE was granted to and accepted by the City across the frontage of Parcels 59B and 59C in an effort to eliminate conflicts between the PSE and future buildings. A separate document was expected to be recorded at the Alameda County Recorder's Office to officially vacate the original 50-foot width in favor of the narrower 15-foot to 26-foot wide PSE. This separate document was never created nor recorded; and WHEREAS, on November 10, 2022, the City approved PUD-85-08-1 D-5M, a Planned Unit Development modification to the original approval from 2013. Avalon Bay Communities processed the modification having purchased the property from the prior owner; and WHEREAS, the City Council, as legislative body, has been granted the authority to summarily vacate public easements that are no longer needed or relevant according to the regulatory procedure prescribed by §8330 et seq. of the California Streets and Highways Code.