RESOLUTION NO. _____________

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

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RESOLUTION AUTHORIZING VACATION OF AN UNUSED PORTION OF ALPINE ROAD RIGHT-OF-WAY, UNINCORPORATED MENLO PARK AREA

(VAC. NO. 079G-2)

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

 

WHEREAS, pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code, Section 8300 et seq.) the legislative body of a local agency may vacate any street, highway or public service easement within its jurisdiction which is determined to be unnecessary for present or prospective public use; and

WHEREAS, this Board of Supervisors is the "legislative body" of the County of San Mateo, a "local agency", as these terms are defined in Section 8304(a) and 8305 of the Streets and Highways Code; and

WHEREAS, the "vacation" of a "street" as those terms are defined respectively in Section 8309 and 8308 of the Streets and Highways Code, is the complete and partial abandonment or termination of a public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and right connected therewith, including, but not limited to, restrictions of access or abutter's rights, slope easements or other incidents to a street or highway; and

WHEREAS, Alpine Road was declared a public highway in 1874 by the San Mateo County Board of Supervisors (Volume 4 of Board of Supervisors Minutes, Page 257, Road Account 60-3), said right-of-way (County Road No.75) being shown on official right-of-way record maps on file in the Office of the San Mateo County Department of Public Works; and

WHEREAS, ten or more freeholders have petitioned this Board of Supervisors under Section 8321 of the Streets and Highways code to vacate the portion of Alpine Road right-of-way as described and indicated as the "Vacation Petition Area" in Exhibit "A", attached hereto and incorporated herein by reference, in accordance with Chapter 3 of the Public Street, Highways and Service Easements Vacation Law (California Streets & Highways Code Section 8300 et seq.): and

WHEREAS, pursuant to a Settlement Agreement between the County of San Mateo and the Plaintiffs in San Mateo County Superior Court Civil Action No. 417561 ("Settlement Agreement"), both parties have agreed to move to vacate a portion of Alpine Road indicated as the "Area of Settlement Agreement Vacation" as shown in the attached Exhibit "A", in exchange for the granting of a 35 foot right-of-way easement to the County as measured from the centerline of the current alignment of Alpine Road; and

WHEREAS, the owners of Assessor's Parcel Number 074-303-080 are not a party to the Settlement Agreement but wish to participate in the vacation process, vacating a portion of Alpine Road indicated as the "Lands of Jeffry Vacation Area" as shown in the attached Exhibit "A", under the same terms and conditions spelled out in the Settlement Agreement, and

WHEREAS, the portion of Alpine Road right-of-way identified as the Vacation Petition Area is not used or improved for public street purposes; and

WHEREAS, on November 7, 2000 this Board of Supervisors denied the request to vacate this portion of Alpine Road by 3-2 vote; and

WHEREAS, notice of public hearing on the proposed vacation now under consideration was given by publishing, posting and mailing as required respectively by Sections 8322(a), 8323 and 8321 (e) of the California Streets & Highways Code, and affidavits of publication and posting are on file with the Clerk of this Board; and

WHEREAS, a public hearing was held before this Board of Supervisors on this day, and this Board heard all persons interest in the proposed vacation and considered all the evidence offered before voting on the proposed vacation:

 

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:

    1. That the portion of Alpine Road described and shown in Exhibit "A" as the Lands of Jeffry Vacation Area is hereby vacated in accordance with Chapter 3 of the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code Section 8300 et seq.), subject to the granting to the County of a right-of-way easement measuring 35 feet from the centerline of the current alignment of Alpine Road and subject further to the completion of the vacation and granting of a right-of-way easement as to other parties, as provided for in the Settlement Agreement.

    2. That said portion of Alpine Road as described and shown in Exhibit "A" Lands of Jeffry Vacation Area is unnecessary for present or prospective public use.

    3. That no part of Alpine Road herein vacated is useful as a "nonmotorized transportation facility", as the term is defined in Section 156 of the California Streets & Highways Code.

    4. That the Manager of Real Property Services, assisted by County Counsel, shall participate in the drawing up of such legal documents as are necessary to complete the vacation and establish the right-of-way easement, and the President of the Board shall execute such documents when prepared; and

    5. That, based on evidence presented at the hearing including but not limited to the staff report, the Board finds the vacation of said portion of Alpine Road herein described to be in conformity with the County General Plan and to be in the public interest.

    6. That the Clerk of this Board shall cause a certified copy of this Resolution, attested by the Clerk under seal, and such other legal documents as are prepared and executed in order to establish the vacation and right-of-way easement, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Mateo County Recorder.

    7. That a permanent easement and right-of-way for certain existing public utility facilities is excepted and reserved over a portion of the area to be vacated as described in Exhibit "A" as the Lands of Jeffry Vacation Area, pursuant to Section 8340(c) of the California Streets & Highways Code, and that an additional public utility easement shall be reserved within the County's newly established right-of-way.

    8. That upon recordation of a copy of this Resolution of Vacation, the vacation of said portion of Alpine Road shall be complete, with the condition that the vacated area cannot be used to comply with subdivision requirements.

    9. That all of the steps outlined above shall be taken in a manner consistent with the Settlement Agreement, and shall not be taken unless and until the vacation and granting of a right-of-way easement as provided for in the Settlement Agreement are completed.

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