Resolution ordering the Vacation of Easements Page 1 of 3 Rev. 11/22/17; Typed:04-08-2022 SC21-0014
RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
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
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE]
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF AN
ELECTRIC EASEMENT AND WIRE CLEARA NCE
EASEMENT AT 2690 SCOTT BOULEVARD [APN 224-10-
131 (2021-22)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara currently possesses the Electric Easement and Wire Clearance 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 Page 2 of 3 Rev. 11/22/17; Typed:04-08-2022 SC21-0014
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 That said Easements shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.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).
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Resolution ordering the Vacation of Easements Page 3 of 3 Rev. 11/22/17; Typed:04-08-2022 SC21-0014
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 ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: __________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Exhibits A and B
K:\Engineering\Engineering\5-LPD\DOC\SC21-0014 Res vac easements.doc
EXHIBIT'A'
LEGAL DESCRIPTIONS TO ACCOMPANY VACATIONS OF PUBLIC EASEMENTS
IN THE CITY OF SANTA CLARA
THAT CERTAIN 10' (TEN) WIDE EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF INSTALLING,
MAINTAINING AND REPLACING UNDERGROUND CONDUITS AND/ OR OVERHEAD WIRES, CABLES AND
LINES SUSPENDED FROM CROSSARMS AND POLES SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, AS DESCRIBED AND DESIGNATED PARCEL A IN THAT CERTAIN INSTRUMENT RECORDED JUNE 6, 1966 IN BOOK 7402, AT PAGE 279, IN THE OFFICIAL RECORDS OF SAID COUNTY.
THAT CERTAIN 5' (FIVE) WIDE WIRE CLEARANCE EASEMENT FOR THE PURPOSE OF PROVIDING CLEARANCE
FOR, AND FROM, WIRES, CABLES, CONDUITS AND APPURTENANCES THERETO ON ANY CONTIGUOUS ELECTRIC UTILITY EASEMENT, AS DESCRIBED AND DESIGNATED PARCEL 1 IN THAT CERTAIN INSTRUMENT RECORDED JUNE 6, 1966 IN BOOK 7402, AT PAGE 279, IN THE OFFICIAL RECORDS OF SAID COUNTY.
THAT CERTAIN 5' (FIVE) FOOT WIDE WIRE CLEARANCE EASEMENT FOR THE PURPOSE OF PROVIDING
CLEARANCE FOR, AND FROM, WIRES, CABLES, CONDUITS AND APPURTENANCES THERETO ON ANY CONTIGUOUS ELECTRIC UTILITY EASEMENT, AS DESCRIBED AND DESIGNATED PARCEL 2 IN THAT CERTAIN INSTRUMENT RECORDED JUNE 6, 1966 IN BOOK 7402, AT PAGE 279, IN THE OFFICIAL RECORDS OF SAID COUNTY.
AS SHOWN ON EXHIBIT 'B' (PLAT) ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTIONS
THESE LEGAL DESCRIPTIONS WERE PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT.
P.L.S 6809
EXHIBIT •e•
PLAT TO ACCOMPANY VACATIONS OF PUBLIC EASEMENTS
IN THE Cl1Y OF SANTA Cl.ARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
BEING A PORTION OF PARCELS SIX AND SEVEN AS SHOWN ON THAT PARCEL MAP FILED IN BOOK 314 OF MAPS, AT PAGE 40, SANTA CLARA COUNTY RECORDS. (/)
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APN 224-10-130
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10' EASEMENT & RIGHT OF WAY
FOR INSTALLING, MAINTAINING
REPLACING UNDERGROUND
CONDUITS AND/OR OVERHEAD
WIRES, CABLES AND LINES
SUSPENDED FROM CROSSARMS
AND POLES (PARCEL A)
EXISTING LOT LINE
EXISTING CENTERLINE
PORTION OF
PARCEL SEVEN
& PARCEL SIX
314 MAPS 40
(PARCEL 1)
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(PARCEL 2) S'W.C.E.
PARCEL EIGHT
314 MAPS 40
IO
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I 50'
- - - - - - - - EXISTING EASEMENT LINE
Date
W.C.E. WIRE CLEARANCE EASEMENT
. King, P.L.S.
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JN 13007
.I 50'
NOTE: ALL EASEMENTS SHOWN WERE GRANTED FROM
GRESHAM TO THE Cl1Y OF SANTA CLARA BY DEED
RECORDED JUNE 6, 1966 IN BOOK 7402, AT PAGE
279, IN OFFICIAL RECORDS OF SANTA CLARA COUNTY.
(AS PARCEL A, PARCEL 1 AND PARCEL 2)
HANNA-BRUNE::TTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
7851 EIGLEBERRY ST. I GILROY, CA 95020
408.842.2173