Resolution ordering the vacation of EE Page 1 of 2
Rev. 8/7/23; Typed:4-9-2024 SC24-0031
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 AT 3378-3386 EL CAMINO REAL
[APN 290-02-102 (2023-24)]
WHEREAS, the City of Santa Clara currently possesses a n Electrical 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 yea rs, 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(c) The easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Electrical Easement described in Exhibit A and shown on Ex hibit B has been determined to be in excess, and there are no other public facilities located within the easement.
Resolution ordering the vacation of EE Page 2 of 2
Rev. 8/7/23; Typed:4-9-2024 SC24-0031
2. That the Electrical Easement 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 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.doc SC24-0031
April 9, 2024
BKF No. 20180775
EXHIBIT “A”
Legal Description – Easements To Be Vacated
ELECTRIC EASEMENTS VACATION
3380 El Camino Real, Santa Clara, CA
Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
Being a portion of the lands described in that certain interspousal transfer deed, filed for record on June 13, 2013 as Document Number 22262123, Official Records of Santa Clara County; Being all of those Electrical Easements being vacated, as described in that certain Deed entitled “Grant of Easement Electric”, recorded on March 23, 1959 in Book 4375 at Page 229, Official Records of Santa Clara County.
Electric Utility Easements are being vacated and are as shown on Site Plan attached hereto and made a part hereof as EXHIBIT “B”.
This legal description was prepared by me, or under my direct supervision, in conformance with the requirements of the Professional Land Surveyors’ Act.
________________________
Christopher Cassera
L.S. No. 9781
Dated
April 9, 2024
1730 N. FIRST STREETSUITE 600SAN JOSE, CA 95112(408) 467-9100www.bkf.com1" = 50'scale50050feet SC24-0031