CC Resolution No. 00-038RESOLUTION NO. 00-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF AN INGRESS & EGRESS
EASEMENT WITHIN THE CITY OF CUPERTINO, RETAINING SAID EASEMENT AS A
PUBLIC UTILITY EASEMENT, PURSUANT TO SECTION 50430 ET SEQ. OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE
FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; BECKER LANE
WHEREAS, that certain Ingress & Egress Easement more particularly described in description and
map attached hereto and made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 50430 et seq. of
the Govemment Code of the State of California; and
WHEREAS, it is necessary to retain said easement as a public utility easement; and
WHEREAS, it is in the public interests that the City Council initiates the vacation of said ingress &
egress easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate
the aforesaid ingress & egress easement, but retaining the public utility easement.
BE IT FURTHER RESOLVED:
1. That the 22nd day of February, 2000, at 6:45 p.m., in the Council Chamber, City Hall, 10300
Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner
prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be
vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being
posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th
day of January, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAiN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
Mayor, City of Cupertino
LEGAL DESCRIPTION
FOR ABANDONMENT OF RIGHTS
OF INGRESS AND EGRESS OVER BECKER LANE
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF
BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290,
SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK
569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS,
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT
CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5,
6, AND 7, SANTA CLARA COUNTY RECORDS;
THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE
EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET
TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST
LINE OF LOT 2 OF SAID TRACT NO. 8980;
THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID
TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE
AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280;
THENCE NORTH 59"55'18" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING.
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LOT 5
LOT 4
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PRIVATE ROAD, EVY~E.
P.U.F~ S.S~ AND P~.F_
LOT 2
S 89'45'47' I¢ 207.,77'
LOT ~
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LOT 12
S 89'45'47" Yt 16&47'
PUBLIC RIGHTS OF INGRESS
EGRESS OVER DECKER LANE
PER 4116 O.R. 290
TO BE ABANDONED BY THIS
DOCUMENT (P,U.E. TO BE RETAINED)
10' SSE & SDE
OR 447
N 89'44'40' E 144.02'
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