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RES 2024052
City of Pleasanton
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RES 2024052
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/16/2024
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RESOLUTION NO. 2024-052 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON FOR <br />SUMMARY VACATION OF PUBLIC SERVICE EASEMENT AT 4035 EQUUS COURT <br />(TRACT 6275 LOT 6) <br />WHEREAS, on February 21, 1989, the City Council adopted Resolution No. 89-89 <br />certifying an environmental impact report for Case PUD -87-19, "Equus Heights" an irregularly- <br />shaped 50.36 -acre property west of Foothill Road opposite Foothill High School; and <br />WHEREAS, on March 7, 1989, the City Council adopted Ordinance No. 1399 (PUD -87- <br />19), that rezoned the Equus Heights property from "A" (Agricultural) to the PUD — Low Density <br />Residential and Rural Density Residential District; and <br />WHEREAS, on December 12, 1990, the Planning Commission adopted Resolution PC <br />90-116, approving Tentative Tract Map 6275. This allowed subdivision of the approximately <br />50.36 -acre property into 22 single-family residential lots by the property owners Dr. and Mrs. <br />William Yee; and <br />WHEREAS, on December 10, 1991, the City Council approved improvement plans, a final <br />map and a Subdivision Agreement for Tract 6275, Equus Heights, Phase I. Said final map created <br />only six of the allowed 22 single-family residential lots on the southern portion of the property. <br />The final map was subsequently recorded on December 31, 1991 (Book 199 of Maps at Pages <br />51 through 54); and <br />WHEREAS, the final map for Tract 6275 granted public service easements to the City of <br />Pleasanton including a public service easement that encumbers Lot 6; and <br />WHEREAS, Lot 6 was purchased by 1400 Foothill LLC who has asked the City to vacate <br />the public service easement in exchange for granting a replacement public service easement in <br />the same general location that accommodates construction of a home on the lot; and <br />WHEREAS, local utility purveyors who benefit from public service easements held by the <br />City were sent formal notices about the proposed vacation asking whether they would object. No <br />objections were submitted, and the City confirmed that no public utilities current reside within the <br />vacation area; and <br />WHEREAS, the City Council, as legislative body, has been granted the authority to <br />summarily vacate public easements that are no longer needed or relevant according to the <br />regulatory procedure prescribed by §8330 et seq. of the California Streets and Highways Code <br />provided a suitable replacement easement is granted. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES <br />RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />SECTION 1. This Resolution of Summary Vacation for Public Service Easement at 4035 <br />Equus Court (Lot 6 of Tract 6275) is hereby adopted based on the following: <br />The summary vacation of Public Service Easement is made under California <br />Streets and Highways Code §8330 et seq. <br />
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