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RESOLUTION NO.

2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROVING
THE FINAL SUBDIVISION MAP, SUBDIVISION IMPROVEMENT AGREEMENT,
MAINTENANCE AGREEMENT, AND SUMMARY VACATION OF PUBLIC UTILITY
EASEMENTS FOR THE 32-UNIT MIXED-USE CONDOMINIUM DEVELOPMENT AT
600 EL CAMINO REAL

WHEREAS, on October 14, 2014, the City Council of the City of Belmont approved a
Vesting Tentative Map for the 32 unit condominium subdivision at 600 El Camino Real; and,

WHEREAS, the above entitled Final Subdivision Map has been submitted to the City
Engineer who has determined that the subdivision as shown thereon is substantially the same as it
appeared on the aforesaid vesting tentative map and the provisions of law and of the Subdivision
Code of the City of Belmont; and,

WHEREAS, the City Council has determined that the plan of subdivision set forth thereon,
and said map is in conformity with the aforesaid vesting tentative map; and,

WHEREAS, the property owner has agreed to enter into a Maintenance Agreement with
the City of Belmont for all private improvements within the development and by the Declaration
of Restrictions (CC&Rs) has obligated the 600 El Camino Real Association to maintain in good
condition all association properties; and,

WHEREAS, the property owner is required to enter into a subdivision improvement


agreement with bonds to guarantee the completion of all public improvements related to the
project; and,

WHEREAS, the applicant is also requesting certain public utility easements to be vacated
on the property as shown in the final map; and,

WHEREAS, those public utility easements were granted to the City of Belmont by a deed
recorded in Book 3387 on Page 545 of San Mateo County Official Records on March 20, 1958;
and,

WHEREAS, the proposed building will encroach onto the subject easements; and,

WHEREAS the City Council is authorized to summarily vacate the public utility easements
pursuant to and in accordance with the provisions of Section 8333 Easements, in Division 9,
Part 3, Chapter 4, subparagraph (a) of the Streets and Highways Code of the State of California;
and,

WHEREAS, the City Council hereby determines that public utility easements to be vacated
are unnecessary for present or prospective public use and that there is a public benefit derived from
the easement vacation; relief from the burden of maintenance of an easement has been determined
to be of sufficient public benefit; and,

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WHEREAS, the City Council hereby determines that the public convenience and necessity
does not require the reservation of any portion of the public utility easement; and,

WHEREAS, the City Council finds that the public utility easement has not been used for
public utility purposes for five consecutive years and that there are no in place public utility
facilities that are in use and that would be affected by the vacation.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The 32-unit Condominium Final Subdivision Map is approved.


Recordation of the Final Subdivision Map is subject to the condition that all requirements of law
and the Subdivision Code of the City of Belmont be fully complied with in connection with said
Final Subdivision Map and the following conditions:

a) Subdivision Improvement Agreement between the City of Belmont and applicant is


executed.
b) Applicant to post all bonds, pay all fees, and satisfy all conditions required for
recordation of the final map.

SECTION 2. The Subdivision Improvement Agreement and Maintenance Agreement are


approved for execution by the City Manager.

SECTION 3. The City Council does hereby orders under provisions of Section 8333
Easements, in Division 9, Part 3, Chapter 4, subparagraph (a) of the Streets and Highways Code
of the State of California, the public utility easements within 600 El Camino Real in the City of
Belmont is hereby vacated and that real property situated in the City of Belmont, County of San
Mateo, State of California, is depicted in Exhibit A attached.

SECTION 4. From and after the date of recordation of the final map, the vacated public
utility easements in 600 El Camino Real will no longer constitute a public utility easement.

SECTION 5. The City Clerk is hereby authorized and directed to endorse thereon her
signature an order of the City Council approving said Map and to affix thereto the corporate seal
of the City of Belmont.

***

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ADOPTED December 13, 2016, by the City of Belmont City Council by the following
vote:

Ayes:
Noes:
Absent:
Abstain:

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM:

City Attorney

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