RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION INCREASING FILING FEES FOR PETITIONSTO VACATE COUNTY STREETS, HIGHWAYSAND PUBLIC SERVICE EASEMENTS

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Section 8321 of the Streets and Highways Code permits certain property owners to petition this Board of Supervisors to vacate County streets, highways and public service easements under the Public Streets, Highways, and Service Easements Vacation Law (Streets and Highways Code 8300 et seq.);

WHEREAS, Section 8321(c) of the Streets and Highways Code authorizes this Board of Supervisors to require the petitioners of a vacation to pay a filing fee to defray the expenses of investigations, mailings, publications, and postings;

WHEREAS, this Board of Supervisors set a maximum filing fee of $5,515 pursuant to Resolution No. 62388, adopted November 3, 1998, and said fee is in some instances sufficient to defray the current expenses of investigations, mailings, publications, and postings in connection with the vacation:

WHEREAS, it is necessary and desirable for this Board of Supervisors to increase the maximum filing fee for petitions to vacate County streets, highways, and public service easements pursuant to the Public Streets, Highways, and Service Easements Vacation Law (Streets and Highways Code 8300 et seq.);

NOW THEREFORE, IT IS HEREBY ORDERED AND DETERMINED as follows:

1. That those persons petitioning this Board of Supervisors pursuant to Section 8321 (a) or (b) of the Streets and Highways Code to vacate all or part of a street, highway or public service easement of the County of San Mateo in accordance with the Public Streets, Highways, and Service Easements Vacation Law (Streets and Highways 8300 et seq.) shall pay a fee for filing the petition

2. That said filing fee shall be for the purpose of defraying the actual expense of investigations, mailings, publications, and postings in connection with the vacation petition.

3. That the petitioner is responsible for the County's cost of processing the vacation even if the Board of Supervisors does not approve the vacation and said costs shall be limited by the maximum amount of the filing fees.

4. That the Assistant County Manager is hereby designated as the agent of this Board of Supervisors with whom petitions shall be filed, and to whom filing fees shall be submitted

5. That effective on the date of adoption of this resolution, petitioners shall submit to the Assistant County Manager a maximum filing fee in the amount of Five Thousand Six Hundred Eighty Dollars ($5,680) for each County street, highway, or public service easement petitioned to be vacated by this Board of Supervisors.

6. That said filing fee shall increase to Five Thousand Eight Hundred Fifty Dollars ($5,850) on September 1, 2002, and Six Thousand Twenty Five Dollars ($6,025) on September 1, 2003.

7. That the Assistant County Manager is hereby authorized, at his discretion, to require a lesser filing fee to be deposited if, in his opinion, the estimated cost of investigations, mailings, publications, and postings in connection with the vacation petition will be less than the maximum filing fee.

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