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
25700469
Regina Alcomendras Santa Clara County - Clerk-Recorder
09/18/2024 04:11 PM
Pages: 4
Forni per Gov't Code Section 27361.6 !SPACE ABOVE TRIS LJ E FOR RECORDER 'S U El RESOLUTION NO. 24-9361
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF A
SANITARY SEWER AND STORM DRAIN EASEMENT, AND
ELECTRICAL EASEMENT AT 3077-3157 El CAMINO REAL
[APN 220-32-057 (2024-25)]
WHEREAS, the City of Santa Clara currently possesses a Sanitary Sewer and Storm Drain Easement, and Electrical 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(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
II
Resolution ordering the vacation of SS-SD & EE
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 Exhibit B have been determined to be in excess and there are no other public facilities located within the easements.
2. That the Electrical Easement described in Exhibit A and shown on Exhibit B has been superseded by relocation and there are no other public facilities located within the easements.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 City are hereby vacated pursuant 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 THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 1 QTH DAY OF SEPTEMBER, 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 SS-SD & EE
Rev. 8/7/23; Typed :4-16-2024
Becker, Chahal, Jain, Park, and Watanabe, and
Mayor Gillmor
None
None
Hardy
ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
SC24-0023
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) •
W_E_ff ff ffffffLZ:7_E_ff ff fff ,6ZTffe_EA
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