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
25450284
Regina Alcomendras
Santa Clara County - Clerk-Recorder
03/16/2023 04:12 PM
Ti ties: 1
Fees: 10.00 Taxes: 0 Total: 0.00
Pages: 4
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] RESOLUTION NO. 23-9195
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF 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
Rev. 11/22/17
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(c) The easement has been superseded by relocation , or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 That said Easements shown in said Exhibits have been superseded by relocation , or determined to be excess by the easement holders, and there are no other public facilities located within the easements .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) .
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 7TH DAY OF MARCH , 2023, BY THE FOLLOWING VOTE:
AYES : COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED : COUNCILORS:
Attachments incorporated by reference :
1. Exhibits A & B
Resolution ordering the Vacation of Easements
Rev. 11/22/17
Becker, Chahal, Jain, Park, and Watanabe , and
Mayor Gillmor
None
None
Hardy
ATTEST ~
NORAWENill,C
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
SC22 -0050
SC22-0050
EXHIBIT ••A"
Legal De cription
WATER EASEMENT VACATION
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 Cali fo rnia, described as follows:
Being all of that Water Easement being vacated, as de cribed in that certain Deed, entitled "Water Easement", recorded on April 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, Offic ial Records of Santa Clara County; and
Being all of that Electric Easement Underground being vacated, as de cribed in that certain Deed entitled ·'Electric Ea ement Undc:rground'', recorded on ovember 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 was prepared by me, or under m y direct supervision, 111 conformance with the requirements of the Professional Land urveyor 'Ac t.
By: ~dL
John Koroyan
P.L.S. No. 8883
Date: jAN. 231 Zt>Z?,
SC22-0050
0 100 200 400
EL CAIi/NO REAL
i ! i I I ---~ ----(-14-0'-WID-E)
'
(SCALE IN FEET) a a
C'l
I ~:~o 11
1 ~ t\.. ~c, . I I
I
:;1 ~i-\- 1==dr=1 =::::::11
'T I LOT 2 1111 T I a I .._: a It) a I I TRACT N O. 10341 ~ ~ ~ ~ ~ I 913 M 12__,15
au 'in' 1.u ~ a:: ~ I APN J1 J-06-008
:::i.,1.u ~~c::i~ 11 "CI ii: o.- ...._ --. '--15' WATER ESMT. 9 § E ~ ~ ~ ii PER 8880 o.R. 408
ol ----~~~~ 1 TO BE VACATED
~Ii ~ !L ______ _
::t, -------,,
~ L OT 1 ~~
II
~
~~EY ~ ~ 8 TRACT No. 10341 11
(/J 0:: i-.:::: 913 M 12--'15 11
Lu c::i <e APN JIJ-06-007 LEGEND
NOTES
O::ou )II
I ~ ~ ~ ELECTRIC ESMT.----n-- '/
I ~: ~ PER 8986 O.R. 159 II ///
io Lu O TO BE VACA TED II '/
-Q~ "
j 1:=l=========="At_J __
I
42i42
I
TRACT NO. 6245
416 M 4 0
.._:010
~ll)Lu
(/J - i-.::::
lo..J Q:: ~
5:2 c::i ~
e:101.u
~~Ill
cjQ:lo
~~
SUR\O'OR'S STA lEMENT
APN
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.
THIS SITE PLAN WAS PREPARED BY
ME OR UNDER MY DIRECTION.
THERE ARE NO WATER LINES, ELECTRIC
UNDERGROUND OR OVERHEAD LINES
WITHIN THESE EASEMENTS BEING
VACATED.
~ 19---JOHN KOROYAN
P.L.S. NO. 8883
JAN. f3 l t.Ot$
DATE
\ \BKF-SJ\VOL4\201B\181421_GATEWAY VILLAGE_PH 2\SUR
\DWG\PLA TS\CITY OF SG_UELVACA 110N.DWG
ASSESSOR'S PARCEL
NUMBER
EASEMENT
OFFICIAL RECORDS
EXHIBIT "B"
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
Ill
1730 N. FIRST
SUITE 600
SAN JOSE, CA
STREET
95112
Subject SllE PLAN (EXHIBIT •s•)
VACATION OF EASEMENTS
- ........,,..~ 408-467-9100
..,..-.,.... www.bkf .coM
Job No. 20181421 (GATEWAY VILLAGE)
By DIS Date 01-23-2023 Chkd ._J_VK __
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