Fremont City

Staff Report

SUMMARY VACATION OF STREETS - Summary Vacation of Portions of Various City Rights-of-Way Including 1st Street, 2nd Street, Grimmer Boulevard, Prune Avenue, Warm Springs Boulevard and Warm Springs Court


Category:Property Acquisitions & Dispositions

Item Discussion

Executive Summary: The purpose of this report is to facilitate the transfer of various City properties previously used as street right-of-way, to the Bay Area Rapid Transit (BART) District, for incorporation into the operating BART right-of-way as constructed by the Warm Springs BART Extension Project.  Located in City Council Districts 5 and 6, the streets include portions of 1st Street, 2nd Street, Grimmer Boulevard, Prune Avenue, Warm Springs Boulevard and Warm Springs Court. 


BACKGROUND: On February 8, 2005 the City entered into a Property Exchange Agreement with BART through which the City transferred property to BART for its Warm Springs Extension Project (WSX), and BART transferred property to the City to complete the Washington Boulevard/Paseo Padre Grade Separation Project. For seven of the properties identified in the Property Exchange Agreement, the City must vacate the properties prior to transferring them to BART.


Also, on February 8, 2005 the City Council approved Resolution No. 2005-06 summarily vacating approximately 68,428 square feet of property located near the intersections of Warm Springs Court, Prune Court, Grimmer Boulevard, Blacow Road, Washington Boulevard and Paseo Padre Parkway. The resolution was not to be recorded until after BART provided the required legal descriptions as provided for in the Property Exchange Agreement. Furthermore, the Warm Springs Extension Project was only at about 10% of its design and since that time, BART has completed the construction of the station. As BART and its design build contractor were finalizing the design, they discovered that the areas, which were included in Resolution No. 2005-06, had changed. Some areas were not needed, some increased, some decreased and two new locations were identified. 


BART has now submitted the final legal descriptions and plat maps of all the rights-of-way needed to be vacated before they are transferred to BART in accordance with the Property Exchange Agreement. The rights-of-way previously approved by Council have not been vacated since the accompanying resolution has not been recorded.  Below are the final locations of City rights-of-way proposed to be vacated prior to transfer to BART.  


  1. 5,817 square feet of 2nd Street shown on Exhibit A.
  2. 3, 979 square feet of 1st Street shown on Exhibit B.
  3. 2,898 square feet of Prune Avenue shown on Exhibit C.
  4. 799 square feet of Grimmer Boulevard shown on Exhibit D.
  5. 4,843 square feet of Grimmer Boulevard shown on Exhibit E.
  6. 10,236 square feet of Warm Springs Boulevard and 6,263 square feet of Warm Springs Court shown on Exhibit F.


DISCUSSION/ANALYSIS: Staff has determined that these portions of 1st Street, 2nd Street, Grimmer Boulevard, Prune Avenue, Warm Springs Boulevard and Warm Springs Court are no longer needed as public streets. Therefore, in accordance with Section 8334 of the California Streets and Highways Code of the State of California, these surplus portions of rights-of-way may be summarily vacated.


Government Code 65402 provides exemption from Planning Commission review for certain vacations if (a) the City Council has passed a resolution enabling this exemption and, (b) the vacation applies to “the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes.” Council has previously passed City Council Resolution No. 9216 enabling this provision. The street and rights-of-way being vacated are currently or will become remainders of larger parcels acquired for street purposes. Therefore, Planning Commission review is not required for the recommended vacations.


All concerned utility companies have consented to the proposed vacation and reservation of easements has been shown on the legal descriptions and plat maps.




ENVIRONMENTAL REVIEW:  This summary vacation is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c). This section allows exemptions for minor alterations of existing highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Document Comments


1.              Adopt a resolution summarily vacating the properties described and depicted on Exhibits “A” through “F”.

2.              Direct the City Clerk to cause a certified copy of the resolution of vacation to be recorded in the office of the County Recorder, pursuant to the requirements of California Streets and Highways Code section 8334(a).