15. Vacate slope easement 10037 Scenic Blvd. CUPERTINO
PUBLIC WORKS DEPARTMENT
SUMl'VIARY
AGENDA ITEM ~ ~ AGENDA DATE August 4, 2009
SUBJECT AND ISSUE
Consider adopting a resolution vacating a Slope Easement located at 10037 Scenic Boulevard, David
Nilsson, APN 357-09-056.
BACKGROUND
The owner of the property located at 10037 Scenic Boulevard applied to the City with a request
that the City vacate a slope easement that c~zrrently exists on the property, as shown and
described on the attached exhibits.
Having been notified of the proposed vacation of the slope easement, potential interested parties
have not indicated a need for the slope easeme~it to remain in place. Staff has determined that
there is no further need for the slope easement to remain in place.
On July 7, 2009, the City Council adopted a resolution of intention to vacate the aforementioned
slope easement, and the City Clerk posted signs and published notice declaring that intention,
setting tonight's meeting as the time and the Community Hall as the place of a public hearing 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
Adopt a resolution vacating a Slope Easement lo~~ated at 10037 Scenic Boulevard, David Nilsson,
APN 357-09-056.
Submitted by: Approved for submission:
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
15-1
RESOLUTION N0.09-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING
A SLOPE EASEMENT AT 10037 SCENIC BOULEVARD, APN 357-09-056
WHEREAS, David Nilsson, made application to the City of Cupertino to vacate a slope
easement on his property located at 10037 Scenic Boulevard 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 will be no further
need for said slope easement; and
WHEREAS, the City Council did, on the 7th day of July 2009, adopt a resolution of
intention to vacate the aforementioned slope 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 slope easement described in the
notice of hearing is unnecessary for present or prospective purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby vacates a slope easement located at 10037 Scenic Boulevard 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 slope easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of August 2009, by the following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
15-2
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. APN:357•-09-056
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All of that~certain property sifuate in the Go~nty of Santa Glara, State of Gaiifornia,
being a Slope Easement mare particularly described as follows:
Beginning at the most Northerly comer of Lot 3, as sha~vn upon that certain Map
entitled, "Amended Map of TRACT NO. 7005°, which map was filed for record in the
afftce of the Recorder ofi the County of Santa Clara, State of CaGfomia, in Book 484 of
Maps at Pages 47 and 48; thence pror~~eding along the Easterly line of Lat 3
S20°30'00°W 17.36 feet; thence leaving said line and proceeding S51 °38'29"W 83.55
feet; thence S65°35'18'W 90,00 feet to a point in the Westerly line of said Lot 3;
thence along said line N00°07'06"W 30.00 feet; thence S89°52'S4'~1V 19,48 feet to the
.most Westerly comer afi said Lof 3 and a paint in the Southerly line of Stevens Greek
•Btvd. as shown on said map; thence proceeding along said line and the Northerly line
of said Lot 3 on a nontangent curve to the left with a radial line from said point bearing
h123°16'37"W, with a radius of 1841.00 feet, with a central angle of 01°OS°05' and an
arc distance of 36.46 feet to a point of tangency; thence N65°35'18"E 145.00 feet to
the FONT OF BECIN[~ENG.
Garrtaining 4,589 square feet more or less arfd being a portion of the above mentioned
Lat 3.
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Consider adopting a resolution vacating a Slope Easement, David Nilsson, - i '
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10037 Scenic Boulevard, APN 357-09-056, Resolution No. 09- i l`1 ~ '
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