CC Resolution No. 3690 RESOLUTION N0. 3690
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 PUR-
SUANT 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 3 TRACT 5220, NORTHWEST CORNER
OF TORRE AVENUE AND PACIFICA DRIVE
WHEREAS, that certain southerly half of a ten (10) foot public utilities
easement across the north side of Lot 3 as shown on that certain map of
Brian Terrace, Tract 5220, within the City, more particularly described
in description and map attached hereto and made part hereof as Exhibits
"A" and "B", is deemed unnecessary for present or prospective use; and
WHEREAS, a petition has been filed by all of the owners of the above
described property and by San Jose Water Works, the Pacific Telephone
and 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, 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.
BE IT FURTHER RESOLVED:
1. That the 5th day of August ~ 1974, 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
passage 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 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 o~ Cupertino on the 2nd day of yT~y , 1974, by the following
vote:
Page 2
Resolution 3690
Vote Members of the City Council
AYES• Frolich, Jackson, Meyers, Nellis, Sparks
NOES: None
ABSENT: None •
ABSTAIN: None
APPROVED:
/s/ Reed Sparks
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
Exhibit "A"
Resolution 3690
Abandonment of Five Foot P.U.E.
Lot 3 Tract 5220
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, more particularly described
as follows:
A strip of land five feet (5') in width the southerly line described
as follows:
Beginning at the Northeast corner of Lot 3 as shown on the Map of
"Tract No. 5220, Brian Terrace", which map was filed for record in
the office of the Recorder of the County of Santa Clara, State of
California, on August 9, 1972, in Book 306 of Maps, pages 23 and 24;
thence So. 0° 56' 25" W., a distance of 10.00 feet to the True Point
of Beginning~ thence leaving said True Point of Beginning N. 89° 00'
00" W. a distance of 182.50 feet.
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