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E-782 Slope Easement Vacating 22084 Clearwood CT , APN 326-18-032 RECORDING REQUESTED BY DOCUMENT: 22400778 Pages: 5 Fees. . . . * No Fees City of Cupertino i Cop ices. . 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 CLEARWOOD CT, APN 326-18-032 RESOLUTION NO. 13-079 ,ZPOriginal 0 For Fast Endorsement RESOLUTION ;\[O. 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 THIS IS 70 CERTIFY THAT THE WITHIN Won Chang, Sinks INSTRUMENT IS A TRUE AND CORRECT COPY AYES: Mahoney, g, g OF THE ORIGINAL ON FILE IN THIS OFFICE NOES: None ATTEST `S `� 2013- ABSENT: None CITY CLERK OF THE ITY CUP(E)R�.TTIINO j ABSTAIN: None SY Cl"N CLERK ATTEST: APPRO _ i Grace Schmidt, City Clerk Orrin Mahoney, M or, City of Cupertino EXHIBrr*"A!, LEGAL.DESCRIPTION ALL THAT-CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTI NO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,DESCRIBED AS­:FOLLOWS: BEING AN EASEMENT IN LOT 76, TRACT 3.628., AS SAID EASEMENT IS SHOWN ON THAT CERTAIN MAP ENTITLED 0 MAP OF TH&OAKDELL RANCH UNIT 2,SANTA CLARA COUNTY,CALIFORNIA" FILED APRIL 27, 1964 INBOOK 177 OF MAPS AT PAGE 31, SANTA CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS., BEGINNING.AT A:POINT ON THESQUTHEASTERLY CORNER ELF SAID LOT76, Or TRACT 3.628 OF THAT CERTAIN PARCEL OF LAND CONVEYED BY MARIE D.ROCKER CO-TRUSTEE AND MICHAEL.P. GAL.AGHER CO-TRUSTEE TO FRED SABOUR AND VALENTINA SABOUR) HUSBAND AND WIFE AS JOINT TENANTS, BY DEED DATED APRIL -18,,2.003, RECORDED AS.-DOCUMENT NOA 6977144.,SANTA CLARA COUNTY RECORDS, THENCE LEAVING SAID CORNER NORTH 00*104'00n WE-8T 10 1 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*58'00a WEST 62..80 FEET TOAPOINT ALONG THEWESTERLY LINEOF'SAID LOT 76 OF TRACT 362%THENCE RUNNING' ALONG THEMESTERLY LINE OP'SAII) LOT 76 OF TRACT 3628 NORTH 30'61'Ocr EAST 1411 FEET TO A POINTALONG SAID WESTERLY LINE OF SAID,LOT 76 OF TRACT*3628; THENCE.RUNNING NORTH 89'56.00" EAST 102.40 FEET TO A-POINT ALONG-THE EASTERLYLINE OF SAIDLOT 76 OF TRACT 3628; THENCE RUNNING:SOUTH 00'Q4'00* EAST 6,00 FEET TO THE POINT OF beginning. CONTAINING AN AREA OF 739.80 SQUARE FEIFT+/- (0:01.7047/-). SEE EXHIBIT"B"ATTACHED HERETOANDMADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED UNDER KIE OR UNDER MY DIRECT SUPERVISION ALEJ0M. PA$CUALJR. RGE27$29 DATE :REGISTRATION EXPIRES 3131/14 PREPARED BY THE FIRM OF ALPASCUAL &ASSOCIATES., INC., PLEASANTON, CALIFORNIA. 3��a�C�ASC Rt F 2 (�jj( fxplj�- L"�`A cr.v IV op w LEGEND; :I MON L LENGTH MON MONUMENT SNF POD PAINT OF BEGIRING 31E, SLOPE EASEMENT PUE PUBLIC UTILITY EASEMENT CLEARWOOD CT. R RADIUS. SNF SEARCH' NOT FOUND WCE WIRE CLEARANCE EASEMENT 20 0 10 20 -40X0' IN FEET .1 inch = .20 ft GRAPHIC SCALE 101 A, NO. C 27629 rn P-ul, f_4 iRES IY2011 1-13 C.< -T /V (E) RESIDENCE OF GA�- C) C) LOT 76, TPACT z OAKDELL RANCH UNIT LOT ARE A=B RESIDENCE T CT _ PA 16�a RANCH UNIT _a,6 9_ F] EASEMENT O SLOPE E Ln 4S E) TO* BE ABANDONED (AREA=739;N S.F.) NB9*56'00'.7- 1.02..46' .... ....... ......... .......... ....... ................... ......................... . ................. 47... ..... ............ . . . . ............ ...... Li....... l.l.l.%-.-.-:,..-..�l........ ................................... .S$9 '.56'00 W .681 ..t . . .. .. ..... ........... Q.U') ...... cz- S89"56'00'W 4 7,07' —69,97t EXHIBIT "B" PLOT PLAN SCALE: AS SHOWN AL PASCUAL & FILE NO- 33-11 SLOPE EASE'WENT ABANDONMENT ASSOCIATES, INC. DATE: August 23, 2013 ENGINEIERS - PLANNERS - SURVEYORS 22084 01-EARWOOD CT DRAWN BY: AL P. APN 3,26-48-032 841 MONTE00 DR. CHECKED BY: AL P. PLEASANTON, CALIFORNIA (925) 481-4103. CUPERTINO, CALIFORNIA SHEET 1. OF 1 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. i Dorothy Stee?..tt City Clerk's O Mice City of Cupertino