DRAFT 12/22/21 RLM
T-DPW-200145 1
Council Agenda: 1-25-2022
Item No.:
RESOLUTION NO. ______
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE SUMMARILY VACATING A PORTION
OF A SLOPE EASEMENT LOCATED AT 1362 AND 1376
BORREGAS AVENUE
W
HEREAS, Section 8331 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a slope easement if it finds that the slope easement has been impassable for vehicular traffic for a period of five consecutive years and no public money was expended for maintenance on the slope easement; and W
HEREAS, the City Council intends to summarily vacate a portion of a Slope Easement (“Easement”), as more fully described in Exhibit A and as shown in Document Number 2720716, Book 6695, Page 430, Official Records with the Santa Clara County Recorder’s Office, attached hereto as Exhibit B; and
W
HEREAS, the Easement was dedicated to the City for public use, and the City no longer has a public use for the Easement; and
W
HEREAS, on October 16, 2019, the Zoning Administrator conditionally approved a special development permit (2019-7071) for the construction of a mechanical facility that consists of two equipment storage buildings, four water storage tanks, and one 1,794 square foot building with a control room and office meeting space that will provide heating and cooling services to nearby Google buildings (the “Project”), and since the Project is being proposed within the existing Easement, the Project requires the partial abandonment of the Easement.
NOW
, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. The City of Sunnyvale finds and determines that:
a)
The Easement has been impassable for vehicular traffic for a period of five consecutive years; and
b) No
public money was expended for maintenance on the slope easement; and c) T
he Easement is not needed for present or prospective easement purposes; and
d) T
he public convenience and necessity does not require reservation of any portion of the Easement described in Exhibit A.
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T-DPW-200145 2
Council Agenda: 1-25-2022
Item No.:
2. B ased upon the findings made in Section 1 of this Resolution and the provisions of Section 8331 of the Streets and Highways Code, the City Council does hereby order that the Easement shall be and hereby is summarily vacated.
3. T
he City Council hereby authorizes and directs the City Clerk to record a certified copy of the resolution, attested by the City Clerk under seal, wi th the Santa C lara County Recorder’s Office.
4. T
he portion of the Easement described in Exhibit A will n o longer constitute a Slope Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.
Adopted by the City Council at a regular meeting held on January 25, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
AP
PROVED AS TO FORM:
___________________________________
R
ebecca L. Moon
Sr. Assistant City Attorney
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