E-916 Vacating a portion of a public utility easement on a property located at 10826 Brookwell Dr., APN 369-21-021RECORDING 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 JN ACCORDAJNCE
WITH GOV. CODE 27383
25413 €2)68
Regina Qlcomendras
Sarita Clara County - Clerk-Recorder
12/el7/2el22 el:47 Pfi
Titles: 1 Pages: 6
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Total : $0.ael
IIIINI!rY)':'l!r?b>"lMIU'd!if/AH'i!!),%*N:41myA €1111
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SUMMARII,Y VACATING A PORTION OF A PUBI,IC UTILITY
EASEMENT ON A PROPERTY LOCATED AT 10826 BROOKWELL
DRIVE
APN: 369-21-021
RESOLUTION N0. 22-139
Original
0 Conformed Copy
RESOLUTION N0. 22-139
A RESO[UTION OF THE CUPERTINO CITY COUNCI[
SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT
ON A PROPERTY LOCATED AT 10826 BROOKWELL DRIVE
(APN 369-21-021)
WHEREAS, a public utility easement dedicated to public use presently
exists on a properFy located at 10826 Brookwell Drive (APN 369-21-021) in the City
of Cupertino, as described in Exhibit A and shown in Exhibit B; and
WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways
Code of the State of California authorizes the City Council to summarily vacate a
portion of a public service easement if the easement has not been used for the
purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation; and
WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways
Code of the State of California authorizes the City Council to summarily vacate a
portion of a public service easement if the easement has been superseded by
relocation, or determined to be excess by the easement holder, and there are no
other public facilities located within the easement; and
WHERE AS, the City Council intends to summarily vacate the public utility
easement as presented in the staff report, dated November 15, 2022, submitted to
the City Council setting forth the reasons justifying the summary vacation of the
public utility easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that:
SECTION 1. The City Council hereby adopts the Resolution based upon all
other evidence submitted, and makes the following findings:
1. The easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately
preceding the proposed vacation; and
Resolution No. 22-139
Page 3 a
Members of the City Council
AYES:
NOES:
Paul, Chao, Moore, Wei, Willey
None
ABSENT:None
ABST AIN:None
SIGNED:
i //To /'za 2_ z__
DCiatyrcyofPCa!l"ayol
Date
ATTEST:
'
/ 1/S'l l 2_
Ki'rsten Squarcia, (64 Clerk -
r
Date
Resohition No. 22-139
Page 5
EXhibit B
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BOLLINGER ROAD
sE"ai'2022' M4oo%LEGEND: BASIS OF BEARINGS:
F).o.El. POINT OF BEGINNING THE BEARING, soazaooov, OF THE CENTER LINE OF -
P-U.E. PUBLIC unLnY EASEMENT BROOKWELL DRIVE- AS SHOWN ON mAT CERTAIN MAP- PROPER' L'NE Fl"o 'N THE OmcE oF NE REcoRDER oF sA'A - CENTER LINE OF STREET CUiRA COUNTY, STATE OF CALIFORNIA, IN BOOK 62 0F ------ EASEMENT LINE MAPS AT PAGE 19, WAS USED AS THE BASIS OF
BEARINGS SHOWN ON THIS MAP. '-'
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PLATTO ACCOMPANY
IJIGALDESCRIPIION
FORVACATIONOFP*UJl
1(l!126BROOKWHLLDR,CUPERTINOICA
W E C 2625MIDDLEFIELDRD#658 TEL: (650)823-6466
& AIIOCIATII PALOALTO,CA%306 FAX: (650)887-1294