RECORD WITHOUT FEE PURSUANT
TO GOVT CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
W hen Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
rm per
25254@41Regina AlcomendrasSanta Clara County - Cierk-Recorder 03/07/2022 12:48 PM
Titles: 1 Pages: 4
Fees: 0.00
Taxes: 0
Total: 0.00
VIII t~~.r~+~'iNt'~~1~4r~~~ !i ~l.~«4k~'w~~ L'~, Y~Y ~~~~~rh ~I II RESOLUTION NO. 22-9044
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF THE
UNDERGROUND ELECTRIC EASEMENT, SIDEWALK AND
UTILITY EASEMENT AT 2350-2370 MISSION COLLEGE
BOULEVARD [APN 104-13-097, 100 AND 101 (2021-22)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
W HEREAS, the City of Santa Clara currently possesses the Underground Electric Easement, Sidewalk and Utility Easement described in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by those certain documents as mentioned in said Exhibits; and,
W HEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council "may summarily vacate a public service easement" in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Resolution ordering the vacation of UGEE, SWE and UE Page 1 of 2 Rev: 11 /22/17 SC 18,987
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the Underground Electric Easement, Sidewalk and Utility Easement described in Exhibit A and shown on Exhibit B has been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easement.
2. That the Underground Electric Easement, Sidewalk and Utility Easement described and shown in said Exhibits in the City is hereby vacated pursuant to California Streets and Highways Code Section 8333.
3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
4. Effective date. This resolution shall become effective immediately.
HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 25T" DAY OF JANUARY, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
NORA PIMENTEL, MM
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Exhibits A and B
Resolution ordering the vacation of UGEE, SWE and UE Page 2 of 2 Rev: 11/22/17 SC18,987
March 23, 2017
lob No. A07006-5
EXHIBIT "A"
LEGAL DESCRIPTION
I'OR: VACATION OF EASEMENTS
EASEMENT 1: -Underground Electric Easement (U.G.E,E.)
All that certain real property situate in the City of Santa Clara, County of Santa Clara, State of California, being all of that certain Underground Electric Easement as described in that certain document entitled "Electric Utility Easement: Underground" recorded on September 19, 1985 in Book J462, Page 2199 of Official Records, Santa Clara County.
EASEMENT 2: -Sidewalk and Utility Easement (S.W.E. & P.U.E) All that certain real property situate in the City of Santa Clara, County of Santa Clara, State of California, being all of Parcels B and C as described in that certain document entitled "Sidewalk and Utility Easement" recorded on October 31, 1985 in Book J504, Page 1489 of Official Records, Santa Clara County.
As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier &Wright, Civil Engineers &Surveyors, Inc. e~5~p ~AN~ ~~R
Date ~ ` ~ • l ~
./~~~'" - ~ .~ ~ ~~ ~
Ryan M. Amaya, 8134 ' ~ ~
~rF~F CAUF~~~
~J C~ ~ ~1 C, Z.)
:IPROJECTS1A07006-51DOCSISURVEYDOCSILEGAL DESCR/PTIONSIEASEMENT VACATIONS-Legal Description.docx
--- ~
~ ~~ ~-
GQ'~ I ~ .- ~.i ~ W EASEMENT 1
~ ~Q~ ( ~ W N W 12.00' U.G,E.E.
~ ~ ~ _ ~ s (J462 O.R. 2199)
p J ~~ W o p a VACATED HEREON
~V J , ~~',c";~~G
9~`~~~ ~`~~` l` ` G~'`~`~ PARCEL 3 ~` -9 ~'a0 C ~ ` P (749 IvT 35-36)t<`~ .,A~`~2 j ~ `~ EASEMENT 2 y~~j• ~~ S.W.E. & P.U.E. I
~ ~~ PARCEL B
~O~ (J504 O.R. 1489) ~
"~_, ,./ VACATED HEREON
{;i35 E 29...3Vj
PARCEL 1(7A9 M 35-36)
LE~ENL~
PROPERTY LINE --
ADJACENT PROPERTY LINE --- --
EASEMENT TO BE VACATED — ~ — — ~ —
~% ~"'~ a~91 pN
P ~SpA P ~0 ~~~~
l~ PG ~—
PARCEL 2(749 M 35-36)
JULIETTE LANE
w
V
a
O
i
t
,~_~~~ _~~s~T~~:~3~A~...-~.:
r -~~ ~ .__ ., ~.r
~ ~ LAND S\
~ s~~a~ ~
~ ,~• t '~ ~
\`~~q~, No. 81~~` 0~~~~
F OF ~ A~~~/
DATE MAR., 2016
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: EASEMENT VACATIONS
SCALE ~„ ^ 120,
SANTA CLARA CALIFORNIA pR' BY EI<
k KIER & WRIGHT ~°s A07006-5
EXHIBIT ~~B~~ W CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO. 3350 Scott [ioulevard, Building 22 (408) 727 6665 7
USERd~ankma t~fAQEC15~1,07~G6-S~YG\91R1fY~L115\C-PLAT-VI,GIdy Yl~(}127,1917 X01 NI Santa Clara, Calffornla 95054 fax (408) 727 5641 I ~~