Sunnyvale Municipal Code Ch. 18.50 Summary Vacation of Public Service Easements

The vacation of streets, highways and public service easements is governed by Streets and Highways Code Section 8335 et seq. The procedure for the summary vacation of public service easements under this chapter shall not be the exclusive means of vacating public service easements and the city may utilize any other method pursuant to state or local law.

(Ord. 3092-16 § 1)

For purposes of this chapter, a public service easement is an easement for one or more of the following purposes:

(a) Parking.

(b) Ingress and egress.

(c) Emergency access.

(d) Light and air access.

(e) Landscaping.

(f) Open space.

(g) Access to and/or operation and maintenance of a stormwater treatment measure.

(h) Construction, operation and maintenance of utilities.

(i) Sidewalks and pathways.

(Ord. 3092-16 § 1)

The director of public works may summarily vacate any public service easement by administrative resolution of vacation. The administrative resolution of vacation shall state all of the following:

(a) That the vacation is made under this chapter.

(b) The name or other designation of the public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded in the Santa Clara County recorder's office or to which reference is made in the resolution and which is permanently maintained by the public entity.

(c) The facts under which the summary vacation is made.

(d) That from the date the resolution is recorded with the Santa Clara County recorder's office, the public service easement vacated no longer constitutes a public service easement.

(e) Certification that all entities having any right, title or interest in the public service easement being vacated have been notified of this action.

(Ord. 3092-16 § 1)

The fee for filing a request for a summary vacation of a public service easement pursuant to this chapter shall be set forth in the schedule of fees established by resolution of the council.

(Ord. 3092-16 § 1)