Resolution ordering the vacation of EE & WCE & AE Page 1 of 2 Rev. 8/7/23; Typed:3-19-2024 SC24-0022
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]
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF AN
ELECTRICAL EASEMENT, WIRE CLEARANCE EASEMENT
AND ANCHOR EASEMENT AT 2215 MARTIN AVENUE
[APN 224-10-115 (2023-24)] AND 2225 MARTIN AVENUE
[APN 224-10-119 (2023-24)]
WHEREAS, the City of Santa Clara currently possesses a n Electrical Easement, Wire Clearance Easement, and Anchor Easement described in Exhibit A, and shown on Ex hibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by that certain document 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 dedi cation or acqui sition is less than five years, and more than one year, immediately preceding the proposed v acation, 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(c) The easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 EE & WCE & AE Page 2 of 2 Rev. 8/7/23; Typed:3-19-2024 SC24-0022
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Electrical Easement, Wire Clearance Easement and Anchor Easement described in Exhibit A, and shown on Exhibit B have been superseded by relocation, and there are no other public facilities located within the easements.
2. That the Electrical Easement, Wire Clearance Easement and Anchor Easement described and sho wn in said Exhibits in the City are hereby vacate d pursua nt to California Streets and Highways Code Section 8333.
3. That the vacation hereby releases all easem ent 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 TH E CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, 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\SC24-0022 - Res vac EE WCE AE.doc