CC Resolution No. 02-226RESOLUTION NO. 02-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PUBLIC UTILITY
EASEMENT AND WIRE CLEARANCE 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 PUBLIC HEARING
AND PROVIDING FOR NOTICE THEREOF; EASTERLY PROPERTY LINES OF
TRACT 3743, PORTION OF LOTS 4 AND 7 -CIVIC CENTER AND LIBRARY
WHEREAS, that certain public utility easement and 5-foot wide wire clearance easement more particularly
described in description and map attached hereto and made part hereof as Exhibits "A" and "B", is deemed
unnecessary for present and prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of 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 initiate the vacation of said easements;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the
aforesaid public utility easement and wire clearance easement.
BE IT FURTHER RESOLVED:
1. That the 21st day of January, 2003, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torte
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 15 days from passage of this resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner
prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be
vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being
posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day
of December 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
ATTEST:
'~ROVED: ^ .~
M ~yor, City of Cupertino )/
- EXHIBIT A
Easement #1, 5' wide Wire Clearance Easement (WCE)
All of that certain property situate in Cupertino, California described as follows:
Beginning at the Southeasterly corner of Lot 4 as shown on the Map for Tract 3743 as
recorded in Book 186 of Maps at Pages 36 and 37, Santa Clara County Records,
thence along the Southerly line of said Lot and the Northerly line of Pacifica Drive as
shown on said Map N89°01'00"W 7.71 feet to a point of tangency; thence along a
curve to the right with a radius of 550.00 feet, a deflection angle of 00014'20'' and a
length of 2.29 feet to a point of compound curvature and the TRUE POINT OF
BEGINNING; thence continuing along said Southerly line of Lot 4 and said Northerly
line of Paciflce Drive on a curve to the right with a radius of 550.00 feet, a deflection
angle of 00°31'16" and a length of 5.00 feet to a point of nontangency; thence along a
line that is parallel to the Easterly line of Lots 4 and 7 as shown on said Map
N00°56'25"E 1129.80 feet; thence S89°03'35"E 5.00 feet; thence along a line that is
parallel to the Easterly line of said Lots 4 and 7 S00°56'25"W 1129.85 feet to the
TRUE POINT OF BEGINNING.
Containing 5,649 square feet more or less and consisting of a portion of the above
mentioned Lots 4 and 7 as shown on the above mentioned Map.
J:Vobstcupcivic~exhibita
No, 20597
- EXHIBIT B
Easement #2, Public Utility Easement (PUE)
All of that certain property situate in Cupertino, California described as follows:
BEGINNING at the Southeasterly comer of Lot 4 as shown on the Map for Tract 3743
as recorded in Book 186 of Maps at Pages 36 and 37, Santa Clara County Records,
thence along the Southerly line of said Lot and the Northerly line of Paciflca Drive as
shown on said Map N89°01'00"W 7.71 feet to a point of tangency; thence along a
curve to the right with a radius of 550.00 feet, a deflection angle of 00°14'20" and a
length of 2.29 feet to a point of nontangency; thence along a line that is parallel to the
Easterly line of Lots 4 and 7 as shown on said Map N00°56'25"E 1129.85 feet; thence
S89°03'35"E 45.00 feet to a point of cusp in the Easterly line of said Lot 7; thence
along said Easterly line on a nontangent curve to the left with an initial tangent bearing
S40°12'24"W, a radius of 155.00 feet, a deflection angle of 39o15'59" and a length of
106.23 feet to a point of tangency; thence S00°56'25'W 1031.75 feet to the point of
BEGINNING.
Containing 12,386 square feet more or less and consisting of a portion of the above
mentioned Lots 4 and 7 as shown on the above mentioned Map.
J:Vobstcupcivic~exhibitB
FOR
PLAT
THE VA CA TION OF
TO ACCOMPANY EXHIBITS
WA C AND PUE
SCALE: 1"=100'
PA I )T 4 TR. 3; 3 1~6M36~
RCEL2 A, B, C
ID PER ~l 186-M-1
® I ® I ® I
37
SO .....
056 25 w1051.75
4QO'56'25"E
A AND B UNE ~'AB~E
COURSE BEARING i DISTANCEI
EASEMENTS L1 .Bg'OI'~O'W 7.71'
L2 ssg'o3'55'E 5.00'
L3 S89'03'35"£ 45.00'
___.URVE TABLE
ICOURSEI DELTA ~
C1 00'14'20" 550.00' 2.29'
C2 00'51'16" 550.00' 5.00'
C5 59q 5'59" 155.00' 106.25'
TORRE AVE.
LOT 7 TR. 3743 186M36&37
EASEMENT #1,
EX. 5' WCE AS
SHOWN ON TM 186-M-36&5~)
EASEMENT #2,
EX PUE AS
SHOWN ON ~M 166-M-56&57
1129.80'
~_N00'56'25"E
1129.85'
L2
c~ ~