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CC Resolution No. 00-071RESOLUTION NO. 00-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF AN INGRESS AND EGRESS EASEMENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, RETAINING AS A PUBLIC UTILITY EASEMENT, BECKER LANE WHEREAS, hearing on Resolution of Intention No. 00-038 was held February 22, 2000, at a regular meeting of the City Council at 10300 Torte Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate said ingress and egress easement, but it is necessary to retain a public utility easement. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said ingress and egress easement hereby are overruled and denied. 2. That the portion of Becket Lane described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated, but is retained as a public utility easement. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 22na day of February, 2000, by the following vote: Vote AYES: NOES: ABSENT: ABSTA1N: Members of the City Council Burnett, Chang, James, Statton None Lowenthal None ATTEST: City Clerk ~ayor, 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. SHEET 1 OF 2 LANDS OF I0' P.O.&~ £ASEMEN (~4~ o.~. ~) 50. 00' LOT 5 LOT 4 LOT 2 S 89'45'47" W 20Z37' 5' PSE PRIVATE ROAD, E.V.A.E, P.U.E., S.S.E. AND P.S.E LOT 5 QU J-.F O FiAN CH r.O LOT 12 S 89'45'47" W 168.47' PUBLIC RIGHTS OF INGRESS & EGRESS OVER BECKER LANE PER 4116 O.R. 290 TO BE ABANDONED BY THIS DOCUMENT (P.U.E. TO BE RETAINED) ?A?~C£L 2 559 JVIAP-~ 4J & 42, 10' SSE ,~ SDE OR 447 N 89'44'40' E 144.02' '-~'~ -'~'-.. LOT ,3 ~ "'--."- EXHIBIT B O~IE, ~-s-~. ABAI',[)ONk~-NT OF S.~ET ~',L~, "='~' AND EGRESS EASEMENT 2 ~'~o~D ~, BECKER LANE 297151 Cdh~orn[o 2 SHIrrs 2S7151