E-726 VACATION OF A PUBLIC UTILITY, TRACT 7953, LOT 8 AFFIDAVIT OF POSTING
NOTICE OF INTENTION TO ORDER VACATION OF PUBLIC UTILITY
EASEMENT, RESOLUTION NO. 02-219
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. 02-2.19 to declare the intention of ordering the
vacation of a public utility easement, Tract 7953, Lot 8, Cupertino City Center, City of
Cupertino, County o Santa Clara, State of California; that said posting was fully
day of 200'-3; that a co of said notice is hereto
completed on the '� y ��(,�_ , copy
r
attached, marked Exhibit"A", and by referee •e made a part hereof.
y r�
Subscribed and sworn to before me this
�_day of � G�-G�•� ,
2003.
Deputy City Clerk
RESOLUTION NO. 02-219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF PUBLIC UTILITY EASEMENTS
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; TRACT 7953, LOT 8,
CUPERTINO CITY CENTER
WHEREAS, certain Public Utility Easement more particularly described in description and map
attached hereto and made part hereof as Exhibits "A" and "B", are 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 interests that the City Council initiates the vacation of said
easements;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to
vacate the aforesaid public utility easements.
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
2nd day of December, 2002, by the following vote:
Vote Members of the City Council
AYES: Chang, James., Lowenthal, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Michael Chang
City Clerk Mayor., City of Cupertino
a
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OFD (408)777-3354
'P E kT IN
FAX(408)777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE January 21, 2003
SUBJECT AND ISSUE
Adopt a resolution ordering vacation of a public utility easement for the Cupertino City Center,
Phase III, Tract No. 79531 Lot 8.
BACKGROUND
In December 2000, the private access and emergency vehicle access easements on this lot were
vacated in co;iiunction with a lot line adjustment and relinquishment of the non-exclusive
irrevocable license for use of the property. Two public utility easements (PUE) also existed on
Lot 8 of Tract No. 7953 and are entirely in the saime area, which was transferred to Lot 1
(Apartment Project) and Lot 6 (Hotel Project). These public utility easements, shown on the
attached exhibit, are no longer required by the City and should be abandoned in accordance with
the previous lot line adjustment.
All utility agencies affected by the proposed vacation have been contacted and there is no
obj ection.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMEND A T ION•
Staff recommends that the City Council adopt Rcsolution No. 03-616, ordering the vacation of a
public utility easement.
Submitted by: Approved for submission to
the City Council:
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
Printed on Recycled Paper l —1
r
I
i
DRAFT
RESOLUTION NO. 03-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF PUBLIC UTILITY EASEMENTS WITHIN THE CITY OF
CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFOI.NIA—CUPERTINO CITY CENTER,
i
PHASE III, TRACT NO. 7953
II
WHEREAS, hearing on Resolution of Intention No. 02-219 was held on January 21, 2003, at a
regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California;
WHEREAS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best
interest of the City to vacate the hereinafter described public utility easements; that said easements are
unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
i
1. That any and all protests of the vacation of said public utility easements be and hereby are
overruled and denied.
2. That that certain public utility easements described and shown in Exhibits "A" and "B"
attached hereto and made part hereof, be and hereby are vacated.
I
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is 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.
I
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
21St day of January, 2003, by thie following vote:
i
Vote Members of the!City Council
I
AYES:
NOES:
ABSENT:
i
ABSTAIN:
I�
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
I
EXHIBIT A
CUPERTINO C:['TY CENTER
EASEMENTS TO )BE VACATED
All that certain Real Property situate in the City of Cupertino, County of Santa Clara,
State of California, more particularly describes"( as follows:
LOT 8
Beginning at the.most southwesterly corner of:Lot 8 as Lot 8 is shown on that certain Map
entitled Tract No. 7953 Cupertino City Center Phase III, which Map was filed for record in
the office of the Recorder of the County of Santa Clara, State of California on February 27,
1987, in Book 571 of Maps, Pages 36 and 37; 1:hence North 00°53'20"East 92.56 feet along
the westerly boundary of Lot 8, as Lot 8 is shomm on that certain Map entitled Tract No. 7953
Cupertino City Center Phase III, which Map was filed for record in the office of the
Recorder of the Countyi of Santa Clara, State Of California on February 27, 1987, in Book
571 of Maps, Pages 36 and 37; thence leaving said westerly boundary of Lot 8, South
89°06'16" East 159.81 �feet; thence South 44°06'40" East 102.0.0 feet; thence along the
arc of a curve to the left which is radial to the preceding course from a bearing of South
84 008'25"East, having a radius of 34.03 feet and central angle of 35°51'22", an arc length
of 21.30 feet to a point on the southerly boundary of said Lot 8; thence North 89°06'40"
West 243.46 feet along said southerly boundary to the Point of Beginning.
Containing 18,890 square feet of land, more or less.
Beginning at the most Northeasterly corner of Lot 8 as Lot 8 is shown on that certain
Map entitled Tract No.; 7953 Cupertino City Center Phase III, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of California on
February 27, 1987, in Book 571 of Maps, Pages 36 and 37; thence South 00 053'20"West
240.62 feet along the easterly boundary of said Lot 8; thence North 44°06'40" West
74.60 feet; thence North 00°55'35"East 175.80 feet to a point on the northerly boundary
of said Lot 8; thence proceeding along the northerly boundary of said Lot 8 along the arc
of a curve to the left having a radius of 68.00 feet and central angle of 17°56'08", an arc
length of 21.29 feet; thence continuing along the northerly boundary of said Lot 8, North
72057'12" East 19.82 feet; thence continuing along the northerly boundary of said Lot 8,
along the arc of a curve to the right having a radius of 68.00 feet and central angle of
10 005'26", an arc length of 11.98 feet to the Point of Beginning.
Containing 10,924 square feet of land, more or less.
QRpf ESS/�
END OF DE.>CRIPTION y O!
No; 264
1-11-01 Page Jl of 1 Creegan + D'Angelo
100002/ 199068
15 -3
LEGEND
VACATION OF PUE EASEMENT
S 00'53'20" W 80 0 80 160
---------------
40.00' 230.00 scale 1 80' feet
I I .
I I I
LINE TABLE
1 h I LINE LENGTH BEARING
1 I°o 1 L1 19.82 N72'57'12'E
00 W ° °o L2 19.60 N71-57'51'W
o Q o_
M M M
Q 1 LIE
Q Q^ CURVE TABLE
I LOT 1
W 31 a,w No Reconfigured CURVE LENGTH RADIUS DELTA
--� 1►-a I 1.88± Acres 31 C1 8.57 68.00 T 13'26'
of 1 z I C2 11.98 68.00 10'05'26'
0 W v C3 20.54 68.00 171.8'37'
to C4 21.29 68.00 1756'08"
DO o a� C5 20.95 70.00 1708'49
Y zl I o z1 C6 20.95 70.00 1708'49'
W Ch C7 50.27 . 32.00 1 90'00'00"
LAJ ti N 00'53'20" E
U I S84 08 25 E
1 1 34.03'
(n I S 00'53'20" W I S59'2924"W
34.03'
k—j-
6. 8 204.54' 25.46 1 __ S00'5_3'20"W ___W — \— —" \ 1--—
N\\\\240.62 \\S 00 53 20 W�\\\\ 65.46 s.8o' 270.00
W r \\\\ E Easement to,be Vacs e��6p� 0 �an.ar•I S89.064 0 E
J L.=21.30'
10,924 t sq. ftp�o�
N 175.80' N00'55'35"E 5�j�p ��\\\.\� LOT 6 � �
OR
\ Reconfigured N o
co
1.311 Acres 100
00
o ��\m\\\ `� ---- 234.94' --
00 LOT 8 \�:�\ \3� N 00'53'20
N
z
Reconfigured \ �
"' 0.98± Acres I �-
\\�
NQ
PUE z`' \m;�\A\ QROFESS/Q�9
EVAE �° \v,°p-\�\00
PAE W \ \ I'o G�
00101 O
�, No t 264
co
rn
.�
\127.62 z 0:: -10 181.44
_
00_'53'2 —
_92.56' 35.06'
PUE, EVAE, PAE AS DESCRIBED ON
N 00'53'20" E �Q-
TRACT MAP #7953, BOOK 51 OF MAPS �F CALIF
PAGES 36-37, SANTA CL4RA COUNTY RECORDS
DE ANZA BOULEVARD
199068 Drawing:VACATION OF PUE EASE.DWG DWG January 11,2001 11:16:28 a.m.
' PROMETHEUS W/ DRAWN: NJH
CREE PAN+D ANGEL 4 DESIGN: DVB
Engineers '. Planners ' Surveyors K ��1 PT0 N GROUP D TE: 1-11-01
9 CUPE:RTINO CITY CENTER DAALE: AS SHOWN
1075 N TENTH STREET, SUITE 100 _ . SC
SAN JOSE,CA 95112-1032 VACATION OF PUE EASEMENTS SHEET 1 of 1
s
_ City Hall
{S,
f 10300 Torre Avenue
Cupertino, CA 95014-3255
CIT�(OF (408)777-3354
N 10 — FAX(408) 777-3333
LUPEkTIN
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE December 2, 2002
SUBJECT AND ISSUE
Adopt a resolution declaring intention to order vacation of a public utility easement, fixing time
and place for public hearing and providing for notice thereof, Cupertino City Center, Phase III,
Tract No. 7953, Lot 8.
BACKGROUND
In December 2000, the private access and emergency vehicle access easements on this lot were
vacated in conjunction with a lot line adjustment rind relinquishment of the non-exclusive
irrevocable license for use of the property. Two public utility easements (PUE) also existed on
Lot 8 of Tract No. 7953 and are entirely in the same area, which was transferred to Lot 1
(Apartment Project) and Lot 6 (Hotel Project). These public utility easements, shown on the
attached exhibit, are no longer required by the City and should be abandoned in accordance with
the previous lot line adjustment.
FIS"CAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No.03-�I9, setting a public hearing for
January 21, 2003 for vacation of public utility easement.
Submitted by: Approved for submission to
the City Council:
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
Printed on Recycled Paper 15- 1
' EXH 13IT A
CUPERTINO CITY CENTER
EASEMENTS TO BE VACATED
All that certain Real Property situate in the City of Cupertino, County of Santa Clara,
State of California;more particularly described as follows:
LOT 8
Beginning at the most southwesterly corner of Lot 8 as Lot 8 is shown on that certain Map
entitled Tract No. 7953 Cupertino City Center. Phase III, which Map was filed for record in ,
the office of the Recorder of the County of Santa Clara, State of California on-February 27,
1987, in Book 571 of Maps, Pages 36 and 37; thence North 00°53'20"East 92.56 feet along
the westerly boundary of Lot 8, as Lot 8 is shovin on that certain Map entitled Tract No. 7953
Cupertino City Center Phase III, which Maf► was filed for record in the office of the
Recorder of the County of Santa Clara, State of California on February 27, 1987, in Book
571 of Maps, Pages 36 and 37; thence leaving said westerly boundary of Lot 8, South
89°06'16" East 159.81 feet; thence South 44x°06'40" East 102.00 feet; thence along the
arc of a curve to the left which is radial to the preceding course from a bearing of South
84°08'25"East, having a radius of 34.03 feet and central angle of 35°51'22", an arc length
of 21.30 feet to a point on the southerly boundary of said Lot 8; thence North 89°06'40"
West 243.46 feet along said southerly boundary to the Point of Beginning.
Containing 18,890 square feet of land, more or less.
Beginning at the most Northeasterly corner of Lot 8 as Lot 8 is shown on that certain
Map entitled Tract No. 7953 Cupertino City Center Phase III, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of California on
February 27, 1987, in Book 571 of Maps, Pages 36 and 37; thence South 00°53'20"West
240.62 feet along the easterly boundary of said Lot 8; thence North 44 006'40" West
74.60 feet; thence North 00°55'35" East 175.30 feet to a point on the northerly boundary
of said Lot 8; thence proceeding along the no)rt:herly boundary of said Lot 8 along the arc
of a curve to the left having a radius of 68.OU feet and central angle of 17°56'08", an arc
length of 21.29 feet; thence continuing along the northerly boundary of said Lot 8, North
72057'12" East 19.82 feet; thence continuing along the northerly boundary,of said Lot 8,
along the arc of a curve to the right having a. radius of 68.00 feet and central angle of
10 005'26", an arc length of 11.98 feet to the Point of Beginning.
Containing 10,924 square feet of land, more or less.
Q�pFESSI
END OF DESCRIPTION
No. 26429 ,
CA1-�F
1-11-01 Page 1 of 1 Creegan + D'Angelo
100002 / 199068
LEGEND
�. VACATION OF PUE EASEMENT
S 00'53'20_" W 80 0 80 160
40.00' —— —— 230.00' — — scale 1 80' feet
1 1 '
1 1 1
LINE TABLE
Fo I LINE LENGTH BEARING
00! 1 ! L 1 19.82 N72 57'12 E
Q o
0E °o L2 19.60 N71'57'51"W
IphH "'
I
j U LOT 1 CURVE TABLE
W 31 a,W o Reconfigured CURVE LENGTH RADIUS DELTA
^!o a 1.881 Acres 3' Cl 8.57 68.00 7'13'26"
a C2 11.98 68.00 10'05'26"
C3 20.54 68.00 17*18'37"
m =t
01 o o C4 21.29 68.00 17'56'08"
aa! I;r (I C5 20.95 70.00 17'08.49"
Y �I Io
C6 20.95 70.00 12"08'49"
W0 21 C7 50 .27 . 32.00 90"00'00"
� N N 00'53'20" E
U 1 S84'08'25"E
! 34.03'
U) I v 1 S 00'53'20" W I S59'2924"W
z I��34.03'
W M 6.08' 204.54' 25.46 __ __ S00'53'20"W
U - - T'--� M — -, ---
�N\ \\240.62 \\\S 00 53 20 W�\�\, 65.46' 6.80' 270.00———
W c?\\\\\ \\� \\\`\. . ''.' '\\\\ r
\,\ \PUE Easement to be Vocated�60� p 0�s�ar• s89•os'�o'E
�-- lk a=21.30'
(� \\., 1..18' \\�f0,924 f sq. ff \\\\1 !p6� +'�i \prs1• }
S89 06 40 lk�`
175.80' N00'55'35"E S�j��� \\�\\� LOT 6
GO \ \:�\ Reconfigured N o
1.311 Acres ^I CO
\\
a1 ao1\• v\
o ,0;\\\�\\\`\'A 234.9_4'
N 00'53'20" E
2 LOT 8
Reconfigured
to
0.981 Acres
`y PUE _ \m:o°�\ \�� 3 QRCFESS/p,�`,9l
EVAE
PAE `OO \
�''°�°\\\��\�
'o iz
N \� !� O ' z
CO C., N . 264 9 r,
181.44' __ \(127.62\ 2 C
S 00'53'20" W 92.56' 35.06' 1 {
PUE, EVAE, PAE AS DESCRIBED ON N 00'5:;'20" E
TRACT MAP 17953, BOOK 51 OF MAPS
PAGES 36-37, SANTA CLARA COUNTY RECORDS
DE ANZA BOULEVARD
199068 Drawing:VACATION OF PUE USLM%.M January 11,2001 11:16:28 a.m.
'
PROMETHEUS w DRAWN:CREE GANGDANGEL 0 DESIGN: DVB
Engineers • Planners • Surveyors KIM PTO N GROUP CH KD: DVB
1075 N TENTH STREET, SUITE 100 CUPE:RTINO CITY CENTER DATE: 1-11-01
SCALE: AS SHOWN
SAN JOSE,CA 95112-1032 VACATION OF PUE EASEMENTS SHEET 1 OF 1