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' I' Cod cction 27361.6
25674624
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07/24/2024 04:10 PM
Tit.les : 1 Pages: 4
RESOLUTION NO. 24-9342
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)]
Ej
WHEREAS, the City of Santa Clara currently possesses an Electrical Easement, Wire Clearance Easement , and Anchor Easement described in Exhibit A, and shown on Exhibit 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 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.
(c) The easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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
Rev. 8/7/23; Typed:3-19-2024
SC24-0022
NOW THEREFORE, 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Easement, Wire Clearance Easement and Anchor Easement described in Exhibit A, and shown on Exhibit B have been superseded by relocation, and there are no other public facilities located within the easements.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 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 16TH DAY OF JULY, 2024, BY THE FOLLOWING VOTE :
AYES : COUNCILORS :
NOES: COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED: COUNCILORS:
Attachments incorporated by reference :
1. Exhibits A, and B
Resolution ordering the vacation of EE & WCE & AE
Rev . 8/7/23; Typed :3-19-2024
Becker, Chahal, Hardy, Jain, Park, and Watanabe and
Mayor Gillmor
None
None
None
ATTEST: ~
~MC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
SC24-0022
EXHIBIT "A"
Legal De cription
January 24, 2024
BKF No. 20190047
Page I of I
OVERHEAD & UNDERGRO UND ELECTRlC EASEMEN TS,
WIRE CLEARANCE EASEMENTS A D
ANCHOR EASEMENTS VACATION
2215 Martin A venue , Santa Clara , CA
All that real property in the City of anta C lara, County of Santa Clara , State of Californ ia. described as fo ll ows :
Being all of that I 0-foot wide Electric Easement being vacated , described as Parcel 14 in that certain Deed entitl ed "Electric Easement: Overhead and Underground ", recorded June 13. 1972 in Book 9877 at Page 179 (Doc. No . 427 81 43) , Officia l Records of Santa Clara County ; and Being all of that 5-foot wide Wire Clearance Easements being vacated , described as Parcels 15 and 15A in that certain Deed entit led " Electric Easement: Overhead and Underground '·, recorded June 13, 1972 in Book 9877 at
Being all of that 4-foot wide Anchor Easement being vacated , described as Parcel 16 in that certain Deed entitl ed " Electric Easement: Overhead and Underground '", recorded June 13, 1972 in Book 9877 at Page 179 (Doc. No . 4278143) , Official Records of anta Clara County; and Bein g all of that 2-foot wide Anchor Easeme nts being vacated , within Lots 6 and 7 adjac ent to Martin Ave nue and within Lots 7 and 8 adjacent to Martin A venue , as said Lots and Easeme nts are shown on Map of Tract No. 4682, ent itled "San Tomas Industrial Park '', filed for record on July 24, 1969 in Book 256 of Maps at Pages 42 and 43 , Reco rds of Santa C lara County.
Overhead & Underground Electric Easements, Wire Clearance Easements and Anchor Easements 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 my direct supervision in conformance with the requirements of the Professional Land Surve yors ' Act.
By: ~..IJ~~~~"!t_!'~~OI~•~~•~
John Koroyan
P.L.S. No. 8883
Date : JAN. ~4, 2ot4
SC24 -0022
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2225 MARTIN (SANTA CLARA) OYINER, LLC
DOC. 25195861
LOT 8
TRACT NO. 4682
256 M 42-43
5' WIDE W.C.E. APN 224-10-119
(2022-2023)
2' WIDE ANCHOR EASEMENT
256 M 42-43
BEING VACAlED
PARCEL 15l 9877 O.R. 179
BEING VACATED
-
10' WIDE E.E.
PARCEL 14,
9877 O.R. 179
BEING VACAlED
4' WIDE ANCHOR EASEMENT
PARCEL 16,
9877 O.R. 179
BEING VACAlED
1.684 AC. PARCEL
329 PM 19
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5' WIDE W.C.E.
PARCEL 15A
9877 0.R. 179
BEING VACA TED
2175 MARTIN PROPERTY, LLC
DOC. 25020411
APN 224-10-115
(2022-2023)
2' WIDE ANCHOR EASEMENT
256 M 42-43
BEING VACATED
V AND M
DEOLIVEIRA, LLC
DOC. 22369504
LOT 5
TRACT NO. 4682
256 M 42-43
APN 224-10-057
(2022-2023)
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ID
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~ TO SCOTT BOULEVARD ... -
~ MARTIN AVENUE
LEGEND
E.E. ELECTRIC EASEMENT
W.C.E. WIRE CLEARANCE EASEMENT
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SCALE IN FEET
EXHIBIT "B" JAN. t4,
K: \2019\ 190047 JJGHTSTONE\SUR\DWG\PLA TS\ESMT_ VACA TION.DWG 1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
408-467-9100
www.bkf.com SC24-0022
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
Subject -"-S-'-IT"'"""E~PL=A-"-N'----"-'(E=-X-'-H-'-IBC-l--'-T---'•9~•.J-) __ _
VACATION OF EASEMENTS
Job No.
By JG
20190047 SANTA CLARA, CA
Date 01-24-2024 Chkd. JVK
SHEET 2 OF 2