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FXS:dft 9'~9/94 (017/38) <br /> 0 R I G I N A L 10/24/94 <br /> <br /> RESOLUTION NO. 12355 <br /> <br /> RESOLUTION SUMMARILY VACATING A SEWER AND PUBLIC <br /> UTILITY EASEMENT AND APPROVING AND AUTHORIZING <br /> ACCEPTANCE OF DEED OF EASEMENT IN EXCHANGE THEREFOR <br /> <br /> (PORTION OF LOT 5 IN BLOCK 29, OAK KNOLL AND <br /> PORTION OF LOT 23 IN BLOCK 17, HIGHLANDS <br /> OF EMERALD LAKE SUDIVISION ONE) <br /> <br /> WHEREAS, pursuant to the provisions of Chapter 4 (commencing <br />with ~8330), Part 3, Division 9 of the Streets and Highways Code <br />of the State of California, this Council may summarily vacate a <br />sewer and public utility easement, if such easement has been <br />superseded by relocation and there are no other public facilities <br />located within said easement; and <br /> <br /> WHEREAS, a portion of the sewer and public utility easement <br />located on a portion of Lot 23 in Block 17, of that certain map <br />entitled, "Highlands of Emerald Lake Subdivision One", filed in <br />the office of the County Recorder of San Mateo County on <br />January 12th, 1926, in Book 13 of Maps at pages 24 to 27, and <br />acquired by the City by virtue of a grant of easement recorded <br />January 17, 1934, in Book 608 of official Records of the County <br />of San Mateo, page 416, which portion of the easement affects the <br />northwesterly ten (10) feet of Lot 23 parcel 1, shall no longer <br />be required for public uses provided that said easement be <br />relocated; and <br /> <br /> W~EREAS, the owner of record of the property affected <br />thereby proposes to convey to the City a deed of easement in <br />exchange for the easement to be vacated; and <br /> <br /> WHEREAS, the value of the property interest to be received <br />by the City pursuant to said exchange equals or exceeds the value <br />of the property interest to be vacated; <br /> <br /> <br />