Special Notice / Hearing: Publication/ Posting
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Resolution to summarily vacate an alley way located between Lots 13 and 14, Block 704, Highlands of Emerald Lake Subdivision, County of San Mateo
RECOMMENDATION:
title
Adopt a resolution authorizing:
A) The summary vacation of an alley way ("Alley Way") located between Lots 13 and 14, Block 704, Highlands of Emerald Lake Subdivision, pursuant to California Streets and Highways Code Section 8330, et seq; and
B) The Clerk of the Board to cause a certified copy of this Resolution of Summary Vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the San Mateo County Recorder pursuant to Streets and Highways Code Section 8336(a), that upon such recordation, thereby declaring the vacation of the Alley Way complete.
body
BACKGROUND:
A strip of land (hereinafter "10-Foot Strip of Land"), was originally dedicated to public use on a subdivision map and accepted by the Board of Supervisors by the language appearing on the Highlands of Emerald Lake Subdivision Map recorded in March 1929 in 17 R.S.M. Page 42 as signed by the Clerk of the Board on April 1, 1929, of Official Records.
The County's Department of Public Works desires to summarily vacate a segment (hereinafter the "Alley Way") of the 10-Foot Strip of Land, legally described and depicted on Exhibits A and B and attached and incorporated within said Board resolution.
DISCUSSION:
The legislative body of a local agency may summarily vacate a public right of way that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets and Highways Code Section 8333(a). ...
Click here for full text