Resolution ordering the Vacation of Easements Page 1 of 3 Rev. 11/22/17; Typed:01/10/2023 SC22-0050
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
A WATER EASEMENT, ELECTRIC EASEMENT, AND
ELECTRIC EASEMENT UNDERGROUND AT 3710 EL
CAMINO REAL [APN 313-06-007 & 008 (2022-23)]
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara currently possesses the Water Easement, Electric Easement, and Electric Easement Underground 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ordering the Vacation of Easements Page 2 of 3 Rev. 11/22/17; Typed:01/10/2023 SC22-0050 (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 That said Easements shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.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:01/10/2023 SC22-0050
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 _________, 2023, 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 & B
K:\Engineering\Engineering\5-LPD\Draft RTC\Jing\3700 ECR Eas vac\SC22-0050 Res vac easements.doc
EXHIBIT ••A"
Legal Description
WATER EASEMENT VA CATION
and
SILICON VALLEY POWER EASEMENTS VACATION
Santa Iara, CA 95051
(Gateway Village)
January 23, 2023
BKFNo. 20181421
Page I of I
All that real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
Being all of that Water Easement being vacated, a de cribed in that certain Deed, entitled "Water Easement", recorded on J\pril 6, 1970 in Book 8880 at Page 408, Official Records of Santa Clara County; and
Being all of that Electric Easement being vacated, as described in that certain Deed, entitled ''E lectric Easement", recorded on July 14. 1970 in Book 8986 at Page 159, Ofticial Records of Santa Clara County; and
Being all of that Electric Easement Underground being vacated, as de cribed in that certain Deed, entitled ·'Electric Easement Underground"', recorded on ovembe r 26, 1971 in Book 9606 at Page I 05, Official Records of Santa Clara County;
Water Easement, Electric Easement and Electric Easement Underground being vacated are shown on Site Plan attached hereto and made a part hereof as Exhibit "B".
This legal description wa prepared by me, or under my direct supervision, in conformance with the requirements of the Professional Land Surveyors' Act.
,( ~\) lA ND
By: <._Jo-fl..__ ...... ~<v~r,,
John Koroyan
P.L.S. No. 8883
Date: jAt,J. 231 Zoz;
0 100 200 400
EL CAMINO REAL
! 1.____ 1
'
NOTES
EASEMENTS BEING VACATED WERE
REFERENCED AS "TO BE VACATED BY
SEPARATE INSTRUMENT", AS SHOWN
WITHIN LOTS 1 AND 2 OF TRACT NO.
10341, ENTITLED "GATEWAY VILLAGE",
FILED FOR RECORD ON MAY 4, 2018
IN BOOK 913 OF MAPS AT PAGES 12
THROUGH 15 INCLUSIVE, RECORDS OF
SANTA CLARA COUNTY.
THERE ARE NO WATER LINES, ELECTRIC
UNDERGROUND OR OVERHEAD LINES
WITHIN THESE EASEMENTS BEING
VACATED.
(SCALE IN FEET) a a
C'l
II
~
LEGEND
TRACT NO. 6245
416 M 40
SUR\O'OR'S STA lEMENT
APN
THIS SITE PLAN WAS PREPARED BY
ME OR UNDER MY DIRECTION.
~ 190.• JOHN KOROYAN
P.L.S. NO. 8883
JAN. 'Z3l t.{)Z~
DATE
ASSESSOR'S PARCEL
NUMBER
EASEMENT
OFFICIAL RECORDS
EXHIBIT "B"
\ \BKF-SJ\VOL4\2018\181421_GATEWAY VILLAGE_PH 2\SUR
\DWG\PLA TS\CITY OF SC_UE[_ VACA TION.DWG
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
A
1730 N. FIRST
SUITE 600
SAN JOSE, CA
- ~~ 408-467-9100
..,..,........ www.bkf.coM
STREET
95112
Subject SITE PLAN (EXHIBIT •s•)
VACATION OF EASEMENTS
Job No . 20181421 (GATEWAY VILLAGE)
By DIS Date 01-23-2023 Chkd ._J~VK~_
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