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E-725 Vacation of Private Access Easement and Emergency Vehicle Access Easement, Lot 8, Tract 7983, SE corner Stevens Creek Blvd and De Anza First American Title - Escrrw 516630 DOCUMENT: 15536296 Titles: 1 / Pages: 4 RECORDING REQUESTED BY Fees. . . . + No Fees City of Cupertino Taxes. . #0015536296# Copies. . WHEN RECORDED MAIL TO AMT PAID City of Cupertino BRENDA DAVIS RDE # 005 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 1/25/2001 Cupertino, CA 95014 Recorded at the request of 8:00 AM First American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 VACATION OF A PRIVATE ACCESS EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT WITHIN THE CITY OF CUPERTINO, CALIFORNIA—LOT 8 OF TRACT 7983; GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND DE ANZA BOULEVARD RESOLUTION NO. 00-300 Original El For Fast Endorsement RESOLUTION NO. 00-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A PRIVATE ACCESS EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT WITHIN THE CITY OF CUPERTINO CALIFORNIA—LOT 8 OF TRACT 7983; GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STEVENS CREEK BOULEVARD AND DE ANZA BOULEVARD WHEREAS, that certain Private Access Easement and Emergency Vehicle Access Easement more particularly described in description and map attached hereto and made part hereof as Attachment "3", are deemed unnecessary for present and prospective use; and WHEREAS, it appears to be in the best interest of the city to vacate the hereinafter described private access and emergency vehicle access easements; and WHEREAS, said vacations are in conformation with the city's General Plan. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacations are hereby overruled and denied; 2. That said private access and emergency vehicle access easements described and shown in Attachment"3" attached hereto and made part hereof, be and hereby are vacated. BE IT FURTHER RESOLVED: That the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18`h day of December, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Sandra James City Clerk Mayor, City of Cupertino THIS is TO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON , IN MS OFFICE ATTEST '. a lQ j -4-4>1 CITY • o" CITY 02 UPE TINO BY , b "— - AFFIDAVIT OF POSTING NOTICE OF INTENTION TO ORDER VACATION OF PUBLIC UTILITY EASEMENT AND WIRE CLEARANCE, RESOLUTION NO. 02-226 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) Kevin Rieden, being first duly sworn, deposes and says: That he is a citizen of the United States and over the age of twenty-one years; That at the instance of and for on behalf of the City Clerk of the City of Cupertino, he posted Resolution Nos. 02-226 to declare the intention of ordering the vacation of a public utility easement and wire clearance, Tract 3743, portion of lots 4 and 7, Cupertino Civic Center and Library, City of Cupertino, C unty of Santa Clara, State of California; that said posting was fully completed on the Rh day of , 2003; that a copy of said notice is hereto attached, marked Exhibit"A", and by referent made a part hereof. Subscribed and sworn to before me this � — J day of 01/4-1A1Aalli 2003. Deputy City Clerk RESOLUTION NO.02-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PUBLIC UTILITY EASEMENT AND WIRE CLEARANCE EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; EASTERLY PROPERTY LINES OF TRACT 3743,PORTION OF LOTS 4 AND 7—CIVIC CENTER AND LIBRARY WHEREAS,that certain public utility easement and 5-foot wide wire clearance easement more particularly described in description and map attached hereto and made part hereof as Exhibits"A"and"B", is deemed unnecessary for present and prospective use; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 50430 et seq. of the Government Code of the State of California; and WHEREAS, it is in the public interest that the City Council initiate the vacation of said easements; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid public utility easement and wire clearance easement. BE IT FURTHER RESOLVED: 1. That the 21st day of January, 2003, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of December 2002, by the following vote: Vote Members of the City Council AYES: Chang,James,Kwok, Sandoval, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Michael Chang City Clerk Mayor, City of Cupertino