CC Resolution No. 4019 -~r
RESOLUTION N0. 4019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF
A PUBLIC UTILITIES 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 23 TRACT
3407, 10394 PARADISE DRIVE
WHEREAS, that certain westerly 5 ft. of a 10 ft, public utility easement
in the rear of Lot 23, Tract 3407, 10394 Paradise Drive, 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 as a public
utility easement; and
WHEREAS, a petition has been filed by the owner of the above described
property and by San Jose Water Works, the Pacific Telephone and Telegraph Com-
pany 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 6th day of October, 1975, at 7:30 p, m, in tfie 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.
4. That that certain area described in Exhibits "A" and "B" is to be
retained as a wire clearance easement subject to the owner's certificate on that
map for Tract 3407.
PASSED AND ADOPTED at a.regular meeting of the City Council of the City
of Cupertino this ~n~ day of Sentember , 1975, by the following vote:
1
Resolut~on No. 4019
Vote Members of the City Council
AYES: Meyers, Nellis, Sparks, Jackson
NOES: None
ABSENT: Frolich
ABSTAIN: None
APPROyED:
/s~ James E. Jackson
Mayor, City of Cupert~.no
ATTEST:
1s/ Wm. E. Rvder
City Clerk
- 2 -
~ ~ Res. No. 4019
EXHIBIT "A"
All that certain real property situated in the City of Cupertino, County
of Santa Clara, State of California, more particularly described as
follows:
Commencing from the northeast corner of lot 23 as shown on that certain
Tract Map 3407, filed the 8th day of May, 1963, at the office of the
Santa Clara County Recorder, in Book 161, pages 2 and 3, West, 5.00 ft.
to the True Point of Beginning;
thence running parallel to and 5.00 ft. westerly of the easterly property
line of lot 23, S. 00° 03' 05" E., 68.00 ft. to the point of intersection
with the easterly extension of the north easement line of the existing
4.00 ft. public utility easement as shown on said Tract Map;
thence along said extension of the north easement line of the existing
4.00 ft. public utility easement, West, 5.00 ft. to the intersection with
the westerly easement line of the existing 10.00 ft. public utility ease-
ment and the north easement line of the existing 4.00 ft. public utility
easement;
thence running parallel to and 10.00 ft. westerly of the easterly pro-
perty line of lot 23, said line is also the westerly easement line of the
existing 10.00 ft. public utility easement, N. 00° 03' OS" W., 68.00 ft.
to the intersection with the westerly easement line of said 10.00 ft.
easement and the line common to lots 23 and 24 as shown on said Tract
Map ;
thence running along the common property line of lots 23 and 24, East,
5.00 ft. to the True Point of Beginning.
Containing 0.0078 acres more or less.
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