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E-894 Vacating a Public Utilities Easement on 21988 McClellan Rd Resolution No. 08-161 Yong Jian and Zuhong Qu 21988 McClellanRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 'xis document has not been compared with the original. SANTA. CLARA COUNT TY CLERK -RECORDER Doc#: 20073858 12/22/2008 9:12 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) VACATING A PUBLIC UTILITIES EASEMENT ON 21988 MCCLELLAN ROAD RESOLUTION NO.08-161 Yong Xan and Zuhong Qu 21988 MCCLELLAN ROAD APN #356-08-054 O /Original C� For Fast Endorsement City Hall 10300 Torre Avenue RESOLUTION NO.08-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING A PUBLIC UTILITIES EASEMENT ON 21988 MCCLELLAN ROAD, APN 356-08-054 WHEREAS, Yong Jian Wang and Zuhong Qu, husband and wife, made application to the City of Cupertino to vacate a public utilities easement on their property at 21988 McClellan Road in Cupertino, as shown and described on the attached map and description, both of which are made a part hereof; and WHEREAS, the Director of Public Works has determined that there are no public facilities within said public utilities easement and that there will otherwise be no further public need for said public utilities easement; and WHEREAS, the City Council did, on the 3rd day of November 2008, adopt a resolution of intention to vacate the aforementioned public utilities easement, and the City Clerk has posted signs and published notice declaring said intention, and the date, time, and place of a public hearing to consider said intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code; and WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the City Council finds, from the all the evidence submitted, that the public utilities easement described in the notice of hearing is unnecessary for present or prospective public purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby vacates the portion of public utilities easement on the land at 21988 McClellan Road in Cupertino, as shown and described on the attached map and description, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED by the-City-Council-ofthe-City-of Cupertino that the City Clerk is hereby authorized to record the executed original Resolution in the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no longer be a public utilities easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2°d day of December 2008, by the following vote: Vote Members of the City Council AYES: Sandoval, Mahoney, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: R Ll City Clerk (1�bk) NIKyor, City of Q rtino Vacating a portion of public utility easement All that land situated in the City of Cupertino, County of Santa Clara, State of California more particularly described as follows: Beginning at he Northwest corner of Parcel 1 as shown on the Parcel Map recorded in Book 812 of Maps at Pages 36 and 37, Santa Clara County Records; thence along the Northerly boundary of said Parcel 1 North 89 Degrees 59 Minutes 35 Seconds East a length of 17.92 feet to the true point of beginning; thence continuing along said Northerly line North 89 Degrees 59 Minutes 35 Seconds East a length of 0.78 feet to the Easterly limit of the existing Public Utility Easement; thence along said limit South a length of 22.44 feet; thence 22.09 feet along a tangent curve to the right, said curve having a radius of 20.00 feet and delta 63 Degrees16 Minutes 50 Seconds; thence leaving said Easterly limit of the easement North 0 Degrees 0 Minutes 25 Seconds West a length of 21.89 feet; thence North 29 Degrees 3 Minutes 16 Seconds East a length 21.06 feet to the true point of beginning. Containing 293 square feet more or less. FD. STD. CITY MONUMENT N 0'00'25"W 23.96' N p C4 - � N �j LL� N N � 0 W N �I N O 0 20.00'z Q (EAST') O CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 11.13 20.00 31052'55' C2 4.19 15.00 16000,38, C3 22.09 20.00 63°16'50' C4 22.40 20.00 64011'30' C5 18.58 285.00 3'44'10' LINE TABLE LINE BEARING LENGTH L1 S 89'59'35"E 0.78' L2 SOUTH 22.44' L3 N 00'00'25"W 21.89' L4 N 29'03'16"E 21.06' 4.76' 5.00' L1 A PORTION OF EXISTING PUBLIC UTILITY EASEMENT TO BE VACATED (293 S.F.) S89'59'35"W 182.95' S89'59 35 W 164.2: EXISTING LIMIT OF PUBLIC UTILITY EASEMENT 1 11,350 sq. ft. gross 11,324 sq. ft. net 49' N 89_45_50"E_ 200.02' � 195.26 2 11,608 sq. ft. gross 11,319 sq. ft. net f f 4 ^ f ,v LL.I AND SNA ry (7,�,G No. 7918 o * �k I� Exp.12-31-09 FD. STD. CITY MONUMENT N c0 Q. OF L A PLAT TO ACCOMPANY A DESCRIPTION WESTFALL ENGINEERS, INC. 2005-085