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CC Resolution No. 13-079 Summarily Vacating a Portion of a Slope Easement Fred Sabour, 22084 Clearwood Ct., APN 326-18-032 RESOLUTION NO. 13-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT FRED SABOUR, 22084 CLEARWOOD CT, APN 326-18-032 WHEREAS, Fred Sabour, owner of the property at 22084 Clearwood Court, made an application to the City of Cupertino to vacate a portion of a slope easement on his property, more particularly described in the legal description and map attached hereto and made part hereof as Exhibits "A" and "B",: and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8335 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, the Director of Public Works has determined that pursuant to Section 8333(c) et seq. of the Streets and Highways Code of the state of California, the vacated portion of the slope easement has been determined to be excess, and that there are no other public facilities located within the easement; and. WHEREAS, upon approval of this Resolution, the vacated portion of the slope easement will no longer constitute a public easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby summarily vacates a portion of the slope easement at 22084 Clearwood Court in Cupertino, as shown and described on the attached plat and legal description. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of September, 2013, by the following vote: Vote Members of the City Council AYES: Mahoney, Wong, Chang, Santoro, Sinks NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO A � � 3 Grace Schmidt, City Clerk Orrin Mahoney, M or, City of Cupertino EXHIBIT "A' LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE: IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING AN EASEMENT W LOT 76, TRACT 3.628, AS SAID EASEMENT IS SHOWN ON THAT CERTAIN MAP ENTITLED " MAP OF THE OAKDELL RANCH UNIT 2,SANTA CLARA COUNTY, CALIFORNIA`, FILED APRIL 27, 1964 IN BOOK 177 OF MAPS AT PAGE 31., SANTA.CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS;. BEGINNING AT A POINT ON THE SOUTHEASTERLY CORNER OF SAID LOT 76, OF TRACT 3628 OF THAT CERTAIN PARCEL OF LAND CONVEYED BY MARIE D. HOCKER CO-TRUSTEE AND MICHAEL P. GALAGHER CO-TRUSTEE TO FRED SABOUR AND VALENTINA SABOUR, HUSBAND AND WIFE AS.JOINT TENANTS, BY DEED DATED APRIL 1.8.,2003, RECORDED AS DOCUMENT N0.16977144, SANTA CLARA COUNTY RECORDS, THENCE LEAVING SAID CORNER NORTH 00'04':00" WEST 10.00 FEET, TO THE POINT OF beginning (POB); THENCE.RUNNING SOUTH 89°56'00" WEST 47.68 FEET TO AN ANGLE POINT; THENCE CONTINUING SOUTH 82°58'00"WEST 62.80 FEET TO A:POINT ALONG THE WESTERLY LINE OF'SAID LOT 76 OF TRACT 3628;THENCE RUNNING ALONG THEMESTERLY LINE OF SAID LOT 76 OF TRACT 3628 NORTH 30'61'00" EAST 14.71 FEET TO A POINTALO.NG SAID WESTERLY LINE OF SAID LOT 76 OF TRACT 3628; THENCE RUNNING NORTH 89'56`00" EAST 1021.46 FEET TO A PQINT ALONG THE EASTERLY LINE OF SAID LOT 76 OF TRACT 3628; THEN.GE RUNNING SOUTH 00`04'00't EAST 5.00 FEET TO THE POINT OF beginning. CONTAINING AN AREA OF 739.80 SQUARE FEET+/- (0.01.70+/7). SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED UNDER ME OR UNDER MY DIRECT SU.PERVIS70N ( " to. I'a"(""o�,,_t J.- ._ N4, ��,0 ALEJO M. PA$CUAL.JR. RCE27629 DATE REGISTRATION EXPIRES 3131114 PREPARED BY THE FIRM OF AL PASCUAL &ASSOCIATES, INC., PLEASANTON; CALIFORNIA. �c`�' � •�' (fit. �r�2,� . �i ii No.C 276.29 cry IV L `„.-CA LEGEND; M❑N L LENGTH 4 ��...__...�._.._.._,��_..._.._..� ._ _.. MON MONUMENT SNF P❑B PINT OF BEGINING 3,E. SLOPE EASEMENT PUE PUBLIC UTILITY EASEMENT CLEARWOOD CT. R RADIUS SNF SEARCH 140T FOUND WCE WIRE CLEARANCE EASEMENT 20 0 10 20 —40,00' , ,� AO FL IN FEET T r� ��.6.g 31 1 inch = 20 ft e 0 l S GRAPHIC SCALE , I �:E \:�QF.ESS/p `" IT cy a C 27629 � 1 7 E L X S 3 31V-- 7� f{ _ I c a. < C) Ca (!_� RESIDENCE o 4p 0 LOT 76, TRACT 3628 ❑AKDE_LL RANCH UNIT 2 LOT A;?[:A=8:,69,5.1.2 S,F, � o 0� en O SLOPE EASEMENT {S E ABANDONED E? T❑ B rf (AREA 739 F) N89*56'00'E 102.46' n; t �•�` ! r F3�,g�+ - _... .___ _ _ M i POD An tn so %n f__ ---�-' q 7,07' S89°,6`00"1�J _ 69,97' S82°rj8`CIO" 3 Cl- EXHIBIT "B" PLOT PLAN SCALE: AS SHOWN AL PASCUAL & FILE N0: 33.11 ASSOCIATES, INC. SLOPE EAR>EMENTABAND�NMENT DATE: August 23, 2013 22084+:LEARWOOD CT. DRAWN BY: AL P. ENGINEERS — PLANNERS — SURVEYORS APN 32618-032 841 MONTEVINO AR. CHECKED BY: AL P. PLEASANTON, CAUFORNIA (M) 487-4153 1 CUPERTINO, CALIFORNIA SHEET 1 OF 1 A DOCUMENT : 22400778 Pages 5 RECORDING REQUESTED BY Fees. . . : No Fees City of Cupertino Copies. . AMT PAID WHEN RECORDED MAIL TO - REGINA ALCOMENDRAS RDE # 025 City Clerk's Office SANTA CLARA COUNTY RECORDER 9/30/2013 Recorded at the request of 1 :09 PM City of Cupertino County Agency 10300 Torre Avenue Cupertino, CA 95014-3255 (;SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT FRED SABOUR, 22084 CLEAR WOOD CT, APN 326-18-032 RESOLUTION NO. 13-079 ;ZgOriginal 71 For Fast Endorsement RESOLUTION NO. 13-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT FRED SABOUR, 22084 CLEARWOOD CT, APN 326-18-032 WHEREAS, Fred Sabour, owner of the property at 22084 Clearwood Court, made an application to the City of Cupertino to vacate a portion of a slope easement on his property, more particularly described in the legal description and map attached hereto and made part hereof as Exhibits "A" and "B";: and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8335 et seq. of the Streets and Highways Code of i:he State of California;and WHEREAS, the Director of Public Works has determined that pursuant to Section 8333(c) et seq. of the Streets and Highways Code of the state of California, the vacated portion of the slope easement has been determined to be excess, and that there are no other public facilities located within the easement; and WHEREAS, upon approval of this Resolution, the vacated portion of the slope easement will no longer constitute a public easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby summarily vacates a portion of the slope easement at 22084 Clearwood Court in Cupertino, as shown and described on the attached plat and legal description. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of September, 2013, by the following vote: Vote Members of the City Council THIS IS YO CERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY AYES: Mahoney, Wong, Chang, Santoro, Sinks OF THE ORIGINAL ON FILE IN THIS OFFICE NOES: None ATTEST 20-�3— ABSENT: None CITY CLERK OF THE�ITTY R CUP,ERRTINO ABSTAIN: None BY� .�-%�� A-4 i'��r— 01T'i(-CLERK ATTEST: APPRO� Y - 1 � - Grace Schmidt, City Clerk Orrin Mahoney, M or, City of Cupertino ~ .. . ` - � EXHBIT"A!' LEGAL.DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE'. IN THE GITY OF CUPERTINO, COUNTY QF SANTA CLARA. STATE OFCAL(F{JRN|A,DESCR|BEO/\SfOLLOW ' BEING AN EASEMENT |N LOT 78' TRACT 3G28. A3 SAID EASEMENT |SSHOYVN'(3NTHAT CERTAIN MAP ENTITLED ^ MAP OF THE OAKC/ELL RANCH UNIT 2, SANT#CLARA COUNTY, C#UFORNIA.,, FILED APRIL 27. 196 4 |NB[)QK177DFK8/\P8 /\T PAGE 31, SANTA(�LARACC>UNTY�REC0F�DO. PART|[}ULARLYDESCRIBED AS FOLLOWS:. BEE@NKUNGAT/\�PO|NT ON:THE8nUTHEASTERLYCORNER OF SAID LOT 7S.OF TRACT 3828QF THAT CERTAIN PARCEL OF LAND CONVEYED BY MARIE [].HOCKER CO-TRUSTEE ANO K8|01AELP. G/\LA8HEF�(�(}-1 F�UGTEE T(�FF�ED S4B(}URANO \�LENT|NA @ABOUFLHBSBANDAN[)WIFE/l")JO|NTTENANTS, BY DEED DATED APRIL 1.8,.2BD3. RECORDED AS DOCUMENT y0O.18Q771�4, SANTA{}LABACOUNTYRECORD8, 'THENCE LEAVING SAID CORNER NORTH OU^O4YGO" VVE6T1{\ODFEET, TO THE POINT' DFbegipn|ng (PO THENCE.RUNNING 8[}UTH0S'bO'OD^ WEST 47.0DFEET TO AN. ANGLE POINT; THENCE CONTINUING SOUTH O2^58'QO"WEST D2.8O FEET TO APO|NT ALONG THEWESTERLY LINE OF SAID LOT?G(]F TRACT 3G28|THENCE RUNN|NQ' &L0N8THE.VVESTERLYL[NE [\FSAiD LOT 70OFTRACT302D NORTH 3Q^61'OulEAST 1431 FEET TQAPD|NT'ALON[3 SAID VVE.�TERLY LINE {}FSA|DL[>T7DC)FTRACT3828| THEN{�ERUNN|N{3N{]RTHD8-56^DO" 02,40 FEET TOA9O| /�L�}N{� THE .EA �RLY.UN| {}F'SA|[}LOT78(}FTF�\CT8G28; THE0<�ERUNN(NG SOUTH 8O^D4'O8" EAST-5.00 FEET TO THE POINT OF beginning. � CONTAINING/\N-AREA OF7OW.8O8QUAREFEET+/- (O.017O+�). � SEE EXHIBIT"B^ATTACHED HERETOANQ:MAIDEA PART HEREOF. THIS DESCRIPTION WAS PREPAREOUNDER NAE OR UNDER MY DIRECT SUPERVISION � - ALEJO|N. pA�CUALJR. RCE27Q29 DATE 'REGISTRATION EXPIRES 3/31/14 PREPARED BY THE FIRM OFALPASCUAL &ASSOCIATES, |MC... PLEAS8NTON` CALIFORNIA. No cry v, \ � � » ' �� LEGEND" i MON L LENGTH -MON MONUMENT SNF POD POINT OF BEGINING S,E. SLOPE EASEMENT PUE PUBLIC UTILITY EASEMENT CLEARWOOD CT. R RADIUS. SNF SEARCH: NOT FOUND WCE WIRE CLEARANCE. EASEMENT 20 0 10 20 IN FEET 31'54# .1 inch .20 ft. nL GRAPHIC. SCALE Z, Y 0ESS 4 se, 4 W. NO. C 2.7629 -v F A b C): % V 3131Y2011*. cz< - N CD RESIDENCE C) OF LOT 76, TRACT 9628 z OAKDELl LOT RANCH UNIT 2 `8 695:12 S;F, IQ SLOPE EASEMENT (S E) TO BE ABANDONED N89 56'00'E 102,46' (AREA 73980 S,F.) ............... .......... W.... .... .. �—.S89-56'00'W 47,66' PO to ........... 56 7-67 9-----4'7,07' S89'56'00'W c 37' 05iToo L) S:Qz EXHIBIT "B" PLOT PLAN SCALE: AS SHOWN AL. PAS CUAL & SLOPE EASEMENT ABANDONMENT FILE NO: 33.11 ASSOCIATES., INC. 22084 CIL.EARWOOD CT DATE: August 23, 2013 ,ENGINEERS – PLANNERS – SURVELYORS APN 3'26-413-032 DRAWN BY: AL P. 84.1 MONTEVINO DR CHECKED BY: AL P. L.PILEASANTON, CALIFORNIA U ((9 �)%87� 53 P25) 4 –4153 CUPERTINO, CALIFORNIA SHEET 1, OF 1 i VERIFICATION I have reviewed this Agreement and to the best Of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 24th day of September, 2013, at Cupertino, California. Dorothy Saee a - ^f.tt rr City Clerl ;s`O five City of'CulpP ,tiro _= V :J i