CC Resolution No. 3314 .
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RESOLUTION N0. 3314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING
ITS INTENTION TO ORDER VACATION OF A PORTION OF A PUBLIC UTILITY
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 NOTICE THEREOF; LOT 2, TRACT
3442, 10400 PHAR LAP DRIVE
WHEREAS, that certain westerly portion of the irregularly shaped public
utility easement across the rear of Lot 2 on the east side of Phar Lap Drive
in Tract 3442 within 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 prospective use; and
WHEREAS, that certain five (5) feet of said public utility easement 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 utility easement; and
WHEREAS, a petition has been filed by all of the owners of the above-de-
scribed property and by Pacific Telephone & Telegraph Company and Pacific Gas
and Electric Company, requesting vacation of the aforesaid 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 5th day of September, 1972, at 7:30 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 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 certified
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3. (Cont'd.)
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 7th day of August 1972, by the following vote:
AYES: Councilmen - Jackson, Meyers, Sparks, Irwin
NOES: Councilmen - None
ABSENT: Councilmen Frolich
APPROVED:
M' yor, City of Cupertino
ATTEST: (pro Tempore)
Deu`ty City Cl rk r
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Exhibit "A"
Res. No. 3314
Al1 that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, more particularly
described as follows:
All that certain irregular shaped P.U.E.
lying west of the line more particularly
described as follows:
Commencing at the southeast corner of
Lot 2, Tract No. 3442, entitled "Oakdell
Ranch, Cupertino, California," recorded
on August 22, 1963, in Book 165 of Maps
at Pages 30 and 31, Santa Clara County
Records; thence South 80° 11' West 7.50
feet to the True Point of Beginning; thence
said centerline bears North 9° 49' West
70 feet to the northerly boundary line of
said Lot 2;
Containing .008 acre, more or less.
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, ' Plof to Accomponr
ABANDONMENT QF EASEMENT
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