Resolution ordering the vacation of SS-SD & EE Page 1 of 2 Rev. 8/7/23; Typed:4-16-2024 SC24-0023
RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
Recording Reques ted 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
SANITARY SEWER AND STORM DRAIN EASEMEN T, AND
ELECTRICAL EASEMENT AT 3077-3157 EL CAMINO REAL
[APN 220-32-057 (2024-25)]
W
HEREAS, the C ity of Sant a Clara currently possesses a S anitary Sewer and Storm Drain Easement, and Electrical E asement descri bed in Exh ibit A, and shown on Ex hibit B, which Exhibits are incorporated herein by reference. Said E asements were dedicated by th at certain document as mentioned in said Exhibits; and,
WHEREAS, pursuant to S ection 8333 of t he California Streets and H ighways C ode, the Cit y Council “may summarily vacate a public service easement” in any of the following cases:
(a) The easement has not b een used for th e purpose for which it w as dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedi cation or acquisition is l ess than five ye ars, 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(c) The easement has been superseded by relocation, or determined to be excess by the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 SS-SD & EE Page 2 of 2 Rev. 8/7/23; Typed:4-16-2024 SC24-0023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the Sanitary Sewer and Storm Drain Easement described in Exhibit A, and shown on E xhibit B have been determined to be in excess and there are no other publ ic fac ilities located within the easements.
2. That the Electrical Easement described in Exhibit A, and shown on E xhibit B has been superceded by relocation and there are no other public facilities located within the easements.
3. That the Sanitary Sewer and Storm Drain Easement, and Electrical Easement described and shown in said Exhibits in the Cit y are hereby vacated purs uant to California Streets and Highways Code Section 8333.
4. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
5. 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\SC24-0023 - Res vac EE WCE AE.doc
EXHIBIT A
LEGAL DESCRIPTION
JULY 18, 2024
JOB NO.: 2863-020
EASEMENT VACATIONS FOR PARCEL 1 (D.N. 25436710)
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE SANITARY SEWER AND STORM DRAIN EASEMENT GRANTED TO THE CITY OF SANTA CLARA IN THAT GRANT OF EASEMENT RECORDED APRIL 5, 1968, FILED IN BOOK 8080, AT PAGE 593, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
AND:
BEING ALL OF THE ELECTRIC EASEMENT GRANTED TO THE CITY OF SANTA CLARA IN THAT GRANT OF EASEMENT RECORDED JULY 24, 1969, FILED IN BOOK 8615, AT PAGE 511, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
END OF DESCRIPTION
MARK WEHBER, P.L.S.
L.S. NO. 7960
PAGE 1 OF 1
F:\2863-020\PDF\SURVEY\PLC\ABANDONMENT SSE_SDE\LG_SSE-SDE VACATION.doc SC24-0023
KRElTEM CHENG
449 448
APN 220-32-005 APN 220-32-014
(2024-25) (2024-25)
PARCEL ONE
D.N. 25436710
I
TRACT NO.
(84
VACATION AREA
SANITARY SEWER AND
STORM DRAIN EASEMENT
KUFJS
447
APN 220-32-015
(2024-25)
APN 220-32-057 0 PER BOOK 8080, PAGE 593
(2024-25) •
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PARCEL TWO
D.N. 25Lt367 'j 0
APN 220-32-058
(2024-25)
-7
VACATION AREA
ELECTRIC EASEMENT
BOOK 8615, PAGE 511
EXHIBITB EL CAMINO REAL
PLAT TO ACCOMPANY LEGAL DESCRIPTION
VACATION OF SANITARY SEWER & STORM DRAIN EASEMENT PER GRANT OF cbg
SHAH
435
APN 220-32-027
(2024-25)
CAOJU
436
APN 220-32-026
(2024-25)
TAYLOR
MORRJSON
(948 M 40)
APN 220-32-059
(2024-25)
SHEET 1 OF 1
SAN RAMON (925) 866-0322
ROSEVILLE (916)788-4456
WWW.CBANDG .COM
EASEMENT BOOK 8080, PAGE 593 (D.N. 3395479) AND VACATION OF ELECTRIC EASEMENT PER GRANT OF EASEMENT BOOK 8615, PAGE 511 (D.N. 365750) CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, CALIFORNIA CIVIL ENGINEERS • SURVEYORS • PLANNERS JULY 18, 2024 SC24-0023
JOB NO. 2863-010 F:\2863--020\ACAD\SURVEY\PLC\ABANDONMENT SSE_SDE\PLAT_ABANDONMENT SSE & SDE.DWG