11. PUE 21988 McClellan Rd.CUPERTINO
SUMl'17ARY
PUBLIC WORKS DEPARTMENT
AGENDA ITEM 1 S AGENDA DATE December 2. 2008
SUBJECT AND ISSUE
Adopt a Resolution regarding the vacation of a E'ublic Utilities Easement oa 21988 McClellan
Road, APN 356-08-054.
BACKGROUND
The owners of the property at 21988 McClellan. Road applied to the City with a request that the
City vacate a portion of a public utilities easement (PUE) that currently exists on the property, as
shown and described on the attached exhibits.
Having been notified of the proposed vacation of the PUE, all of the utility companies that might
have had a potential interest in having the PUE remain in place have indicated that there is in fact
no need for the PILE to re,,,a;n in place for their use. Staff has determined that there is no further
public need for the PUE to remain in place.
On November 3, 2008, the City Council adopted a resolution of intention to vacate the
aforementioned public utilities easement, and the City Clerk posted signs and published notice
declazing that intention, setting tonight's meeting as the time and the Community Hall as the
place of a public hP.ar;T,g to consider that intention, pursuant to the provisions of Section 8320 et
seq_ of the California Streets and Highways Code.
FISCAL IMPACT
Adoption of the resolution will have no fiscal impact_
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 08- ~~D ~ vacatiag a Public
Utilities Easement on 21988 McClellan Road, APN 356-08-054.
Submitted by: Approved for submission:
.~ofZ- Ralph A_ Qualls, Jr_ David W_ Knapp
Director of Public Works City Manager
~~-i
~~~~r
RESOLUTION NO. 08-161
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CUPERTINO VACATING
A PUBLIC iITILTTIES 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
heazing 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 heazing is unnecessary for present or prospective public purposes.
NOW, THEREFORE, BE I'I' RESOLVED that the City Council of the City of Cupertino
hereby vacates the portion of public utilities easement on the land at 21988 ~VlcCleltan 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 of the 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 ofDecember 2008, by the following vote:
Vote Members of the City Council
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
~i -z
Vacating a portion of public utility easement
All that Iand situated zn 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
gook $12 of Maps at Pages 36 and 37, Santa (Mara 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 Degreesl6 Minutes 50 Seconds; thence leaving said Easterly
limit of the easement North O Degrees 0 lViinutes 25 Seconds West a length of 21.89
feet; thence North 29 Degrees 3 NTinutes 16 Seconds East a lens h 21.06 feet to the true
point of beginning. '
Containing 293 square feet more or Less.
~~ ~.ND SURG
~~~ ~~~~ KAN,gG~Fi ~~
No. 7918
~ Exp. 12-31-Q9 ~
OF
9~'~~~_
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FD. STD. CITY CURVE TABLE
MONUMENT CURVE LENGTH RADIUS DELTA - -
Cl 11.13 20.00 31.52'55'
. ~ - C2 4.19 15.00 15`00'36'
C3 22.09 2D.00 63•ib'S0~
_ C4 22.40 20.00 64'11'30'
- - ~ CS- 18.58. 285.00 - 3.44'1D' -
- '~ LINE TABLE -
LINE BEARING LENGTH
L] S 69'59'35°E 0.78'
L2 SOUTH 2244'
Q L3 N. 00'00'25"W 21.89'
Qr 30.00' L4 . N 29'03'] 6'E ~ 21.08' -
__
°' 1 "= 40'
•N
N A PORTION OF EXISTING -PUBLIC
~~~ ~~ ~ UTILITY EASEMENT TO BE VACATED (293 S. F.) - -
~~ /
~`/ S89'59'35"W ]8295'
\~ _ C5 17.92 ;; L1 - S89'S9 35 W ] 64.25
G / l C7 ~ EXISTING LIMIT OF PU8L1C
~/ - UTILITY EASEMENT _ -
i N ~~.,
~'~~~4 11,350 sq_ ft, gross ~ f°
/ ~ 11,324 sq_ ft_ net
.49', w
/N O'OD'25"W ~ --~~~-_____._ N89_45_S 95.26 0.02----------°--- M
23.96' . ~, p
ca - 4.76'
n ~ N l+')
~ a!1
~ r~
N ~ 2 ~
~ 1i,6Q8 sq. ft_ gross n
~i - ,,°o s.oo' 11,318 sq. ft. net
0
°o O_00'z ]95.25'
Q -y (EAST') ) $89'45 50 W 200.25
f ~ ~prio sv
U~~~`~~F ~cANA~~LF~o
~_ ~o ~ ~
~/ ~ No.79i8 ~
Q f~ FD. STD_ CITY MONUMENT Exp. 12-31-09-
s~ ~~-
'9~ OF CAS-~F~~ ~~~J~,~,
A PLAT TO ACCOMPANY A DESCRfF?TtON ~~`i''~!~'
WESTFALL ENGINEERS, INC_ 2005-085
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