CC Resolution No. 3301 ~
RESOLUTION N0. 3301
A RESOLUTION OF THE CITX COUNCIL OF THE CITY OF CUPERTINO DECLARING
ITS INTENTION TO ORDER VACATION OF A PORTION OF A PUBLIC SERVICE
EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET
SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME
AND PLACE FOR HEARING AND PROVIDING FOR NOTICE THEREOF; LOT 12
TRACT 3663, 10796 LINDA VISTA DRIVE
WHEREAS, that certain westerly five (5) feet and that certain westerly
two (2) feet of a ten (10) foot public service easement across the rear of
Lot 12 on the east side of Linda Vista Drive in Tract 3663 w~thin the City,
more particularly described in description and plat attached hereto and made
part hereof as Exhibits "A" and "B", is deemed unnecessary for present or pro-
spective use; and
WHEREAS, that certain westerly five (5) feet of said public service ease-
ment is being granted to the City for wire clearance purposes; and
WHEREAS, said wire clearance easement shall be executed prior to abandon-
ment of said public service easement; and
WHEREAS, a petition has been filed by all of the owners of the above de-
scribed property and by R. Cali & Bro., Pacific Telephone and Telegraph Com-
pany and Pacific Gas and Electric Company, requesting vacation of the afore-
said easement; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et
seq. of the Government Code of the State of California; and
WHEREAS, the sum of Seventy-Five ($75.00) Dollars has been deposited with
the City Clerk of the City of Cupertino to cover fees and costs; and
WHEREAS, it is in the public interest that the City Council initiates the
vacation of said easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its
intention to vacate the aforesaid public utilities easement, retaining said
portion of said easement as a wire clearance easement;
BE IT FURTHER RESOLVED:
1. That the 7th day of August, 1972, at 7:30 p.m. in the Council Cham-
ber, 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 fifteen (15) days from pas-
sage of this Resolution as required by law;
3. That the City Clerk shall cause a certified copy of this Resolution
to be published in the Cupertino Courier, the official newspaper of the City,
for at least two (2) successive weeks prior to the hearing, and shall cause
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3. (Cont'd.)
certified copies to be posted along the line of the easement proposed to be
vacated at least ten (10) days before the date of the hearing and no more
than 300 feet apart with a minimum of three (3) being posted.
PASSED -AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of July , 1972, by the following vote:
AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolieh
NOES: Councilmen - None
ABSENT: Councilmen - None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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Exhibit "A"
Res. No. 3301
Beginning at the Northeast corner of Lot 12 of Tract
No. 3663 recorded on July 22, 1965 in Book 197 of Maps
on Page 40, Santa Clara County Records; thence West
5.00 feet to the True Point of Beginning; thence leav-
ing True Point of Beginning South 50.00 feet; thence
West 3.00 feet; thence South 13.00 feet; thence West
2.00 feet; thence North 63.00 feet; thence East 5.00
feet to the True Point of Beginning.
Containing 0.006 acre more or less.
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