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CC Resolution No. 4537 ~ • RESOLUTION N0. 4537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ' DECLARING INTENTION TO ORDER VACATION OF PUBLIC UTILITY EASEMENT AND SANITARY SEWER EASEMENT, RETAINING A PORTION , AS STORM DRAIN EASEMENT, SANITARY SEWER EASEMENT, AND ~ WATERLINE EASEMENT, PURSUANT`'TO~SECT'ION::50340"ET"SEQ: OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR HEARING AND PROVIDING NOTICE THEREOF; LOTS 22 AND 23 OF TRACT N0. 6015, POINTE DE APdZA; STELLING ROAD AND ALVES DRIVE WHEREAS, that certain public utility easement and sanitary sewer ease- ment over Lots 22 and 23 of Tract No. 6015, Pointe De Anza, excepting there- from the southerly 15 ft. strip over and on Lot 23, more particularly des- cribed 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, the southerly 15 ft. strip over and on Lot 23 will continue to be retained as easements for storm drain, sanitary sewer, and waterline purposes; 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 aforementioned easement; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid public utility easement and sanitary sewer easement with the exception of the southerly 15 ft. strip over and on Lot 23; BE IT FURTHER RESOLVED: 1. That the 6th day of September, 1977, 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 G~pertino 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 of Cupertino this 16th day of August , 1977, by the following vote: Vote Members of the City Council AYES: Meyers, Nellis, 0'Keefe, Frolich NO.ES: None ABSENT: Jackson ABSTAIN: None ATTEST: APPROVED: /s/ .Wm. E. Ryder' /s/ Kathy E. Nellis City Clerk Mayor, City of Cupertino Pro Temnore • • Exhibit "A" Res. No. 4537 ~ All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: L BEGINNING at the Northwest corner of Lot 22 of Tract No. 6015, a map of which was filed for record in Book 396 of Maps at pages 42 and 43, Santa Clara County Records; thence from said POINT OF BEGINNING, along the West line of said Lot 22 and the West line of Lot 23, as shown on said map, S 0°04'05" E 152.48 ft. to a point on a line concentric with and 10.00 ft. Northerly from the South line of said Lot 23; thence leaving said West line, along said concentric line, along a curve to the right, from a tangent bearing of N 36°48'OS" E, through a central angle of 56°34'21" for an arc length of 49.37 ft. to a point on a line parallel with and 43.00 ft. Easterly, measured at right angles, from said West line; thence leaving said concentric line, along said parallel line, N 0°04'05" W 62.36 ft.; thence leaving said parallel line, along a tangenet curve to the right with a radius bf 20.00 ft., through a central angle of 90°11'35" for an arc length of 31.48 ft. to a point on a line parallel with and 50.00 ft. Southerly, measured at right angles, from the North line of said Lot 22; thence along said parallel line S 89°52'30" E 51.90 ft. to a point on a line parallel with and 10.00 ft. westerly, measured at right angles, from the East line of said Lot 22; thence along last said parallel line NORTH 50.00 ft. to a point on the North line of said Lot 22; thence leaving said parallel line, along said North line, N 89°52'30" W 115.03 ft. to the POINT OF BEGINNING. Excepting from said abandonment the "15' S.D.E., S.S.E. and W.L.E.", as shown on said map. ~ 1: R ' - • ' • . w • ' ~ . ~.vyes~r.wrm~ ro ~ ~ ' ~ . ~ ' r. a , . . ~ : . I . . ~ • . ~ if.' ! ' _„~.~~s`~"~ I ~ . ..t{.'.,L '~~'•+t"` : ; J ,a ~ • • ~ ~ ~ I - . . ~ :~~;:.:'~*'v~~ r f ~1.' ~4 I . ' ~ . I iy•, . . • I T,Q~tCT ~/D. 60 /5 8lC. i 396 iV(APS pG. 4Z~43 ~ ~ •~r' ~ . . :t' ~~~p:, . I ~ ~ . . g A~,I~/ AR~'':~ ; ~ ~ • Ail~AIU~ 4~ M ~ - - - E- ' _ ~ - °NoRrN a ~ ~ ~ . ~ so.oo ~ . ~ ~ ~ ~ COT 12~ ~oT 23 ~ ~ ~ ~ ~ . 3 ~ ~ ; ~ .:i . . ~ ~ ~ , ° I. I 1 ~ ~ ~ ou,\'~,~h ~ ' ; C 50' , ~,a~ ~,,r~ ~ . \ , ; • • • ~ ~ ~ N. 0°04'OS„l.t/ j ~ - - - - - - ~ , • Q ~ : ' 62.36 ~ I . - ~ i ~ : b to ` c \PROPOSED AB~N~~VME/VT-~=~q ~ ~~°~/U ~~~a'~ . t ' ~ i - ° ~ CDU~PT ~ ~ - - ,~P08 ~ S ; N- ~ ~ A • ; /5?48 ' ~ ~ t ~ • . c~' pyt'G 5 / ~ " ~ • ~fX/S1: /5' S.S.E., ~ ~°srB ~ aQE. ~ W.L.E. (TO ~°s'- t ~ REMA/N /~t/ EGFEC ~ ~~~~yyJ i ~ ~ • . . ~ ~ ~ ~ ~ . ' 'i~~~,,'~_'~. ' Q ' ' ` - ~ . ~ . , ^ . .~.•.~w, ~ ...a~......e...v.e.~....~.e... / • r, ' ~ ~ ' ~L.~-4 % i V rTtrli:J/V;t~~-i~h.~ .~L~~.•~,r~r/~CJiTI., ~,y ~ ~_-~•c-: p EX/ST/A/G PU.E.~~ S.S.E. OVER LOTS 22~ 23 OF• ~ . . TR. ND. 60/5 REQ UESTED TD 8E QB4A/DO,UED: ~ - ~ • . . : • • . ' , , CC.~PEa r,~NO ~ CA t_ i=O~,viq . ~ °~m-~~'~c ~ ~~.f~ . ~ ~ CiViL cN~I~~,:RS ~ E~~I~~~ 3G00 GOR'J~34 :.•/~vU~ ' SAN7A C~AR:, CALfFOf?VIA~ ~ ~ , ~ ~7 ~Z3_.`~. ~ sc,~e: 7xr~ ~ .ce rc.: _ . ~