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] RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT AT 3250 JAY STREET [APN 224-09-178 (2025-26)] WHEREAS, the City of Santa Clara currently possesses the described Public Utility Easement in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easement was 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 (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That said Easement shown in said Exhibits has been superseded by relocation and there are no other public facilities located within the easement.
2. That said 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. That the City Manager or designee is hereby authorized execute any documents necessary to implement the vacation of said Easement and transfer ownership of the existing sewer line to the current property owner(s) of the underlying real estate.
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 ___ DAY OF _________, 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: __________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
*Please note: If you do not have attachments, please type in “None” after the colon and delete the “1” and “2.” Also, do not let the certification/signature block reside on its own page – always include a paragraph (or portion of a paragraph) of the resolution with the signature block.
Attachments incorporated by reference:
1. Exhibits A and B
K:\Engineering\Engineering\5-LPD\DOC\SC25-0067 Res vac easement.docx Resolution ordering the Vacation of a Public Utility Easement Page 2 of 2 Rev. 11/22/17; Typed:07-16-2026 SC25-0067