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Board unanimously approves vacating roughly 1,000 feet of Morrison Canyon Road, reserving public utility and access easement
Summary
After a lengthy public hearing with dozens of speakers for and against, the Board of Supervisors voted unanimously to vacate the final ~950–1,000 feet of Morrison Canyon Road, finding the segment functions as a private driveway and poses safety and maintenance concerns; a perpetual public-utility and access easement will be reserved.
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The Alameda County Board of Supervisors voted unanimously on Oct. 9 to vacate the final stretch of Morrison Canyon Road in unincorporated Alameda County, a contentious move that drew dozens of public speakers during a multi-hour hearing.
Daniel Valdez, the county’s Public Works director, told the board the county received petitions from 16 property owners asking for the vacation and that the roughly 950–1,000-foot stretch is “entirely surrounded by the George Family Trust property” and “functions as a driveway” rather than an active public roadway. Valdez said staff found the segment meets planning consistency and qualifies for a CEQA categorical exemption. He recommended reserving a perpetual public utility and access easement in the vacated area to preserve utility access.
The applicant, Chris George, who identified himself as the petitioner, told the board his family has lived on the property for more than 20 years and described repeated trespass, harassment and unsafe conditions near the gate at the road’s terminus. “We are, constantly maintaining the road,” he said, asking the board to “respectfully request that you vacate the road.”
Opponents, represented by attorney Jason Bezas and speakers from Mission Peak Conservancy and other community groups, urged caution, citing historical public use dating back to the 19th century and concerns about notice, potential encroachment and the legality of gating a public right of way where parts may be controlled by the City of Fremont. “This has been a public roadway in Alameda County since 1876,” Bezas said, urging the board not to abandon the public right of way without further review.
Valdez and county counsel answered questions about public notification, jurisdiction and potential loss of access. Valdez said notices and postings were completed according to Streets and Highways Code, and that the county had consulted utilities and agencies; East Bay Regional Park District submitted a letter of support. Counsel confirmed staff found no Levine Act conflict requiring recusal for any supervisor.
After hearing testimony from dozens of residents on both sides of the issue, President Halbert moved to approve the resolution to vacate the terminus of Morrison Canyon Road subject to reservation of a perpetual public utility and access easement and to authorize recordation of the resolution after any conditions are satisfied; Supervisor Miley seconded. The board recorded an unanimous roll-call vote in favor.
The board’s action returns the vacated easement to the abutting property owner (subject to the reserved easement) and releases the county from maintenance obligations for that segment. Staff said an exact survey will be completed to finalize the precise length to be recorded.
