Chapter 5-4 — STREET AND EASEMENT ABANDONMENT

Article 1 Procedure for Vacation of Streets and Easements(Legislative History: Ordinance No. 1304 N.S. 2/6/61; Ordinance No. 87-018, 11/2/874)

The City Council may vacate any street or part of any street or public easement or part thereof in the City of San Leandro in the manner provided in this Chapter. The election of the City Council to proceed under the provisions of this Chapter shall be expressed in its resolution of intention to order any vacation.

One or more streets or parts of streets or one or more easements or parts of easements, whether contiguous or not, may be included and vacated in the same proceeding.

Before the vacation of any street or part thereof or the vacation of any easement or part thereof is ordered, the City Council shall pass a resolution of intention declaring its intention to do so, referring to the street or part thereof by its official name. If the vacation is of an easement, the resolution of intention shall briefly describe the easement which it is proposed to vacate. The resolution of intention shall refer to a map on file in the office of the City Clerk for particulars as to the proposed vacation. The resolution of intention shall contain also a notice of the day, time and place when and where any and all persons having any objections to the proposed vacation may appear before the City Council and show cause why the proposed vacation should not be ordered. The time shall not be less than 15 nor more than 60 days from the date of the passage of the resolution. The City Clerk shall cause the resolution of intention to be published once a week for at least two successive weeks prior to the date of public hearing stated in said resolution. Said resolution of intention shall be posted conspicuously along the line of the street or easement proposed to be vacated at least two weeks before the date set for hearing. Such resolution shall be posted not more than 300 feet apart, but at least three shall be posted.

Proof of publication of a notice or posting shall be made by affidavit or declaration under penalty of perjury reciting the facts of such publication or posting. An officer required to have any notice published or posted shall file the affidavit in his or her office. Failure to do so does not invalidate proceedings under this Chapter. An affidavit so filed is prima facie evidence of the facts stated in it.

The City Council shall, on the day fixed for the hearing, or on the day to which the hearing is postponed or continued, hear the evidence offered by any person interested. If the City Council finds, from all the evidence submitted, that any street or part thereof or easement or part thereof, described in the resolution of intention, is unnecessary for present or prospective public uses, the City Council may by ordinance make its order vacating such street or part thereof, or easement or part thereof.

Upon the making of such order of vacation, the public easement in the street or easement vacated ceases and the title to the land previously subject thereto reverts to the respective owners thereof free from the public easement for street purposes. The City Clerk shall cause a certified copy of such ordinance attested by the City Clerk under the seal of the City to be recorded in the office of the county recorder.

In any proceeding for the vacation of any street or part thereof, the City may reserve and except from the vacation the permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across any street or part thereof proposed to be vacated and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduit, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the street or part thereof proposed to be vacated.

In any proceedings for the vacation of any street or part thereof wherein the City Council may determine that the public convenience and necessity require the reservation of easements and rights of way for structures in Section 5-4-130, such determination shall be recited in the resolution of intention in addition to any other matter required to be recited therein. Said resolution of intention shall also recite that the proceedings are taken subject to such reservations and exceptions. All subsequent proceedings of the City in relation to the vacation, including any deed or conveyance, if any, to the owners of the land underlying such street or part thereof, shall be subject to and governed by the reservations and exceptions contained in the resolution of intention.

The authority granted and the procedure provided by this Chapter is an alternative to any other authority or procedure provided by law.

All the decisions and determinations of the City Council, upon notice and hearing as aforesaid,, shall be final and conclusive upon all persons entitled to appeal under the provisions of this Chapter, as to all errors, informalities, omissions, irregularities and other defects, which Council might have avoided, or might have remedied, during the progress of the proceeding, or which it can at that time remedy.