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LND RETURi~ ~i'0: <br />CiTY CLERK <br />P O BOX 520 <br />PLEASANTON CA 94566 <br /> CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> RESOLUTION NO. 96-30 <br /> <br /> RESOLUTION VACATING A PORTION OF STREET <br /> RIGHT OF WAY ON THE EAST SIDE OF EL <br /> CAPITANDRIVE <br /> <br /> WHEREAS, at its meeting of April 16, 1996, Council reviewed the staff report <br /> (SR96:114) recommending that a portion of the right-of-way on the east <br /> side of E1 Capitan Drive, more particularly described on Exhibit "A", <br /> attached hereto and incorporated herein by this reference, be vacated; and <br /> <br /> WHEREAS, the fight-of-way described in Exhibit "A" is not required for street or <br /> pedestrian purposes, would allow an existing retaining wall of adjacent <br /> property to remain, and would permit a proposed soundwall at the top of <br /> the bank to be constructed down to the existing street; and <br /> <br /> WHEREAS, there will be adequate space for landscaping between the soundwall and the <br /> sidewalk, even if the fight-of-way described in Exhibit "A" is vacated; <br /> <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> RESOLVES AS FOLLOWS: <br /> <br /> Section 1: Pursuant to Chapter 4 of the Streets and Highways Code and based upon <br /> the findings above establishing that the right-of-way is not required for <br /> street or pedestrian purposes pursuant to Section 8335 of the Streets and <br /> Highways Code, the public right-of-way described in Exhibit "A" is hereby <br /> vacated. <br /> <br /> Section 2: The City Clerk shall cause a certified copy of this resolution of vacation to <br /> be recorded in the Office of the Alameda County Recorder. <br /> <br /> Section 3: That from and after the date the resolution is recorded, the right-of-way <br /> described in Exhibit "A" no longer constitutes a right-of-way. <br /> <br /> Section 4: This resolution shall become effective immediately upon its passage and <br /> adoption. ~ certify th~_t the CT:-J,~rf'::~ ,~s a, c~r:'~ co~y <br /> <br /> <br />