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111 • RESOLUTION NO. 6- 3 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS SUMMARILY VACATING AN EASEMENT FOR CERTAIN PORTIONS OF BURKE ROAD (Lands of Swan) WHEREAS, pursuant to the provisions of Section 8300 et seq., of the Streets and Highways Code the City Council of the Town of Los Altos Hills approved Resolution 102-87 vacating and abandoning portions of public street easements commonly known as Burke Road and Sunset Way; and WHEREAS,the abandoned public street easement for Burke Road consisted of a 20-foot wide (half-width) right-of-way adjacent to 13201 and 13190 Burke Road and the City Council has determined that vacation of the remainder of the right-of-way (the "Subject Property") serves an important public purpose and does not prevent or diminish access to surrounding properties or terminate a public service easement; and WHEREAS, pursuant to Section 65402 of the Government Code the Planning Commission has determined that vacation of the Subject Property is in conformity with the Town General Plan subject to certain conditions of approval requiring the preparation of a complete legal description and a plat map of the Subject Property; and WHEREAS, the City Council is authorized by Section 8331 of the Government Code to summarily vacate a street if the street has been impassable for a period of five consecutive years and no public money was expended for maintenance of the street during such period; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The Town hereby vacates and abandons the Subject Property described in Exhibit A, and depicted in Exhibit B, pursuant to the authority contained in Section 8335 of the Government Code and from and after the date this resolution is recorded, the Subject Property vacated no longer constitutes a street or public service easement except that the Town shall reserve and except from vacation,the portions of the Subject Property described as follows: 1. The permanent easement and right at any time, or from time to time, to use for pedestrian or vehicular access and to construct, maintain, operate, replace, remove and renew water pipe lines, sanitary sewers and storm drains or other public utilities and appurtenant structures in, upon, over and across the Subject Property, and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures in, upon, over and across the portion of the Subject Property for the operation of gas pipe lines, telegraphic and telephone lines, and for the distribution of electric energy, water and