CC Resolution No. 09-129 Intent to vacate slope, 10037 Scenic BlvdRESOLUTIOI~f N0. 09-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING
A SLOPE EASEMENT AT 10037 SCErIIC BOULEVARD, APN 357-09-056
WHEREAS, David Nilsson, made applica~;ion to the City of Cupertino to vacate a slope
easement on his property located at 10037 Scf:nic 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 Work; 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 pro:;pective 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 follc-wing vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
z~ ~ -
City Clerk
APPROVED:
Mayor, City of Cupertino
EXHIBfT A
APN:357-09-056
N(LSSON
All of that certain property situate in the County of Santa Clara, State of California,
being a Slope Easement more particularly de:;cribed as follows:
Beginning at the most Northerly corner of I_ot 3, as shown upon that certain Map
entitled, °Amended Map of TRACT NO. 700;1°, which map was Bled far record in the
office of the Recorder of the County of Santa Clara, State of California, in Book 484 of
Maps at Pages 47 and 48; thence proceeding 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'~11/ 11.48 feet to the
most Westerly comer of said Lot 3 and a point in the Southerly line of Stevens Creek
Blvd. 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
N23°16'37"W, with a radius of 1841.00 feet, with a central angle of 01°0805" and an
arc distance of 36.46 feet to a point of tangency; thence N&5°35'18"E 145.00 feet to
the PQtNT OF BEGtNNiNG.
Containing 4,599 square feet more or less anci being a portion of the above mentioned
Lat 3.
APN: 357-09-056
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APN:957-09-058
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PLAT TO ACCOMPANY EXf-IIBIT A
FOR THE REMOVAL OF
A SLOPE EASEMENT