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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW ORDERING THE VACATION OF PUBLIC EASEMENTS AT 870 EAST EL CAMINO REAL
WHEREAS, on August 30, 2022, by its adoption of Resolution No. 18702, Series 2022, the City Council of the City of Mountain View, pursuant to the provisions of Part 3, Division 9 (Sections 8300 through 8363) of the Streets and Highways Code of the Stat e (the Public Streets, Highways and Service Easement Vacation Law), declared its intention to vacate the public easements over the properties at 870 East El Camino Real; and
WHEREAS, by the said Resolution No. 18702, which Resolution is incorporated by reference as if fully set forth herein, the City Council set Tuesday, September 27, 2022, at 6:30 p.m. as the date and time for hearing all persons interested in or objecting to the proposed vacation, and directed the City Clerk to give notice of said hearing in the manner prescribed by law; and
WHEREAS, on September 27, 2022, the said public hearing was held and evidence was submitted to the City Council, bearing upon the present and prospective use of the public easements for wire clearance and utilities; and
WHEREAS, this vacation is necessary for the development, Application PL -2019-087, for a Planned Community Permit and Development Review Permit for State Density Bonus with a concession and Development Waivers to construct two 6-story buildings with 233 new apartment units with two levels of underground parking, and site and fa cade improvements, for a total of 371 units on-site, and a Provisional Use Permit to allow rooftop amenities above the third floor, and a Heritage Tree Removal Permit to remove 15 Heritage trees and transplant one Heritage tree on a 9.14-acre site;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain View that, from all the evidence submitted, the public easements described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference, are unnecessary for present and prospective public uses and that, therefore, this body orders that the said public easements described herein be, and the same are hereby, vacated, subject to the conditions specified in this Resolution.
Attachment 3
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BE IT FURTHER RESOLVED that the City Council of the City of Mountain View, in accordance with Streets and Highways Code Section 8324(b), finds that this Resolution shall not be recorded until the following condition has been satisfied:
1. File with the City of Mountain View approved improvement plans, agreements, and performance bonds as a condition of approval for the project.
This Resolution shall be recorded concurr ently with the Improvement Agreement in accordance with approved City recording instructions.
BE IT FURTHER RESOLVED that as finding of fact supporting its decision vacating the said public easements on 870 East El Camino Real, this body follows, and in addition, incorporates by reference, as if fully set forth herein, the Council report dated September 27, 2022:
1. The existing overhead electric and related utilities within the easement are proposed to either be removed or placed underground as part of this project.
2. The existing easements are unnecessary for present or prospective public use.
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WF/1/PWK
923-09-27-22r
Exhibits: A. Legal Description of Public Wire Clearance Easement B. Plat of Public Wire Clearance Easement
Exhibit A
Exhibit B