25371496
RECORD WITHOUT FEE PURSUANT Regina Alcomendras
TO GOV'T CODE SECTION 6103 Santa Clara County - Clerk-Recorder Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
09/13/2022 10:04 AM
Pages: 5
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] RESOLUTION NO. 22-9118
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF A POLE
LINE EASEMENT, ANCHOR EASEMENT, AND PORTION
OF PUBLIC UTILITY EASEMENT AT 3941 STEVENS
CREEK BOULEVARD [APN 294-39-010 (2021-22)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara currently possesses the Pole Line Easement, Anchor Easement and Public 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,
WHEREAS, 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.
Resolution ordering the Vacation of Easements
Rev. 11/22/17; Typed:04-25-2022
SC22-0011
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
NOW THEREFORE , BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That said Easements shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements .
2. That said Easements described and shown in said Exhibits in the City are 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 .
I 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 5TH DAY OF JULY 2022, BY THE FOLLOWING VOTE:
AYES : COUNCILORS:
NOES: COUNCILORS :
ABSENT: COUNCILORS:
ABSTAINED : COUNCILORS :
Attachments incorporated by reference :
1. Exhibits A, B
Resolution order ing the Vacat ion of Easements
Rev. 11/22/17; Typed :04-25-2022
Becker, Chahal, Hardy, Jain, Park, and Watanabe ,
and Mayor Gillmor
None
None
None ~
ATTEST: -N~O-RA-P~IM_E_N~TE~L- ,-M-M__,_ ___ _
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
SC22-0011
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 12, 2022
BKF Job No: 20211047
EXHIBIT A
LEGAL DESCRIPTION
Easement Vacations for Parcel 1 (679 M 32-34)
Partial Vacation of P.U.E.
Real property situate in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
Being a pmtion ofan existing Public Utility Easement (P.U.E.) as dedicated and shown in Parcel 1 on that certain Parcel Map filed on July 16, 1996 in Book 679 of Maps at Pages 32 through 34, inclusive, as File No. 13368624, more particularly described as follows:
Commencing at a point at the northwesterly corner of said Parcel 1 thence continuing along the westerly line of said Parcel 1 South 0°28 '45" East, 87 .90 feet to the intersection with the existing P.U.E. to said point being the TRUE POINT OF BEGINNING; Thence leaving said westerly line and along the northerly line of said P.U.E., North 89°30'00" East, 25.00 feet;
Thence continuing along said northerly line, South 0°28'45" East, 21.00 feet; Thence leaving the nmtherly line of said P.U.E. South 89°30'00" West, 1.00 feet; Thence Nmth 0°28'45" West, 20.00 feet;
Thence South 89°30'00" West, 24.00 feet to the westerly line of Parcel 1; Thence along said westerly line North 0°28'45" West, 1.00 feet to the TRUE POINT OF BEGINNING.
Containing 45 square feet, more or less.
Pole Line Easement per 5579 OR 76
Being a 5 foot wide strip along the no1therly line of Parcel 1 shown as "5' POLE LINE EASEMENT" on that certain Parcel Map filed on July 16, 1996 in Book 679 of Maps at Pages 32 through 34, inclusive, as File No. 13368624 said strip being described and dedicated by that certain Grant of Easement to the City of Santa Clara, filed on March 21, 1962 as Instrument No. 2194468 in Book 5579 of Official Records at Page 76.
2'x24' Anchor Easement per 679 PM 32
Being a 2'x24' area at the northeasterly corner of Parcel 1 shown as "2'x24' ANCHOR EASEMENT" as shown on and dedicated by that certain Parcel Map filed on July 16, 1996 in Book 679 of Maps at Pages 32 through 34, inclusive, as File No. 13368624.
As shown on plat attached hereto and by this reference made part hereof as Exhibit B.
For: BKF Engineers
~ Si¾
05/12/2022
Dated
SC22-0011
I
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~---BUCKINGHAM DRIVE
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BKF ENGINEERS
4670 WILLOW ROAD
SUITE 250
PLEASANTON, CA 94588
(925) 396-7700
www.bkf.com
COPYRIGHT © 2021 SKF ENGINEERS
SC22-0011
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COPYRIGHT © 2021 BKF ENGINEERS