E-709 VACATION OF INGRESS/EGRESS PUBLIC UTILITY EASEMENT, RETAINING EASEMENT AS PUBLIC UTILITY EASEMENT, BECKER LN RESOLUTION NO. 00-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER:VACATION OF AN INGRESS &EGRESS
EASEMENT WITHIN THE CITY OF CUPERTINO,RETAINING SAID EASEMENT AS A
PUBLIC UTILITY EASEMENT, PURSUANT TO SECTION 50430 ET SEQ. OF THE
GOVERNMENT CODE OF THE STATE OIL CALIFORNIA,FIXING TIME AND PLACE
FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; BECKER LANE
WHEREAS, that certain Ingress & Egress 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 necessary to retain said easement as a public utility easement; and
WHEREAS, it is in the public interests that the City Council initiates the vacation of said ingress &
egress easement;
NOW, THEREFORE, BE IT RESOLVED that-i.he City Council hereby declares its intention to vacate
the aforesaid ingress&egress easement,but retaining the public utility easement.
BE IT FURTHER RESOLVED:
1. That the 22nd day of February, 2000, at 6:45 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 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 18th
day of January, 2000,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Stafaon
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
LEGAL DESCRIPTION
FOR ABANDONMENT OF RIGHTS
OF INGRESS AND EGRESS OVER BECKER LANE
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF
BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290,
SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK
569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS,
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT
CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5,
6, AND 7, SANTA CLARA COUNTY RECORDS;
THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE
EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET
TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST
LINE OF LOT 2 OF SAID TRACT NO. 8980;
THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID
TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE
AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280;
THENCE NORTH 59"55'18" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING.
9H:297151-6,WPD
SHEET 1 OF 2
'£
CHATEAU W£ST
10' P.G.&~
¢~ o.R. 580
~. 00' c~Y o¢ cu~_~mo
LOT 5
LOT 4
.5' PSE
PRIVATE ROAD, EVY~E.
P.U.F~ S.S~ AND P~.F_
LOT 2
S 89'45'47' I¢ 207.,77'
LOT ~
QU J-lO RANCHO
LOT 12
S 89'45'47" Yt 16&47'
PUBLIC RIGHTS OF INGRESS
EGRESS OVER DECKER LANE
PER 4116 O.R. 290
TO BE ABANDONED BY THIS
DOCUMENT (P,U.E. TO BE RETAINED)
10' SSE & SDE
OR 447
N 89'44'40' E 144.02'
0
'--'~- -".LOT J
", '- EXHIBIT E
OA[E, z-~-.~ ABAD, DONIvENT SHan'T
ANDI$ HUMBER JONES--[~"AwN~CALE'" 1''443' ~ E~ F_.A,~AMENT
~, BE~ ~ 2
297151 Cuoerh~o Col/forn[o o? 2 s~
PROOF OF PUBLICATION PROOF OF PUBLICATION
Filing.Stamp
(2015.5 C.C.P.)
State of California
County of Santa Clara
am a citizen of the United States and a
resident of the County aforesaid: I am
j
over the age of 18 years, and not party to
or interested in the above entitled matter.
a-m the principal clerk of the printer of
the: The Cupertino Courier, 20465
Silverado Ave., Cupertino
California, 9501.4 a newspaper of i
general circulation, printed every
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the '
Superior Court of the County of Santa i
Clara, State of California, Case Number
CV1oo637 that the notice of which the
i
annexed is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire issue
i
of said Newspaper and not in any
supplement thereof on the following '
dates, to wit:
U.
In the year 200
I certify (or declare) under penalty of
i
perjury that the foregoing is. true and
correct.
r
Dated: Wwul
at San Jose, California
i
Kathy Wrightson
RESOLUTION NO. 00-071
A RESOLUTION OF THE CITY COUNfCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF AN INGRESS AND EGRESS EASEMENT
PURSUANT TO SECTION 50430 ET �SEQ. OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA, M.TAINING AS A PUBLIC UTILITY
EASEMENT, BECKER LANE
WHEREAS, hearing on Resolution of Intention No. 00-038 was held February 22, 2000,
at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and
WHEREAS,'it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears to be in
the best interest of the city to vacate said ingress and egress easement, but it is necessary to retain
a public utility easement.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said ingress and egress easement
hereby are overruled and denied.
2. That the portion of Becker Lane described and shown in Exhibits "A" and `B"
attached hereto and made part hereof, be and hereby is vacated, but is retained as a public utility
easement.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed and directed to
cause a certified copy of this resolution, attested to and sealed with the official seal of the City, to
be recorded with the County Recorder of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of February, 2000, by the following vote:
Vote Members of the C Council
AYES: Burnett, Chang, James, Statton
NOES: None
ABSENT: Lowenthal
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
LEGAL DESCRIPTION
FOR ABANDONMENT OF RIGHTS
OF INGRESS AND EGRESS OVER BECKER LANE
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF
BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290,
SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK
569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS,
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT
CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5,
6, AND 7, SANTA CLARA COUNTY RECORDS;
THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE
EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET
TO THE NORTHEAST CORNER OF SAID LOT 4;
THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST
LINE OF LOT 2 OF SAID TRACT NO. 8980;
THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID
TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE
AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280;
THENCE NORTH 59°55'18'' WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING.
SHEET 1 OF 2
LANDS OF
I0' P.O.&~ £ASEMEN
(~4~ o.~. ~)
50. 00'
LOT 5 LOT 4
LOT 2
S 89'45'47" W 20Z37'
5' PSE
PRIVATE ROAD, E.V.A.E,
P.U.E., S.S.E. AND P.S.E
LOT 5
QU J-.F O FiAN CH r.O
LOT 12
S 89'45'47" W 168.47'
PUBLIC RIGHTS OF INGRESS &
EGRESS OVER BECKER LANE
PER 4116 O.R. 290
TO BE ABANDONED BY THIS
DOCUMENT (P.U.E. TO BE RETAINED)
?A?~C£L 2
559 JVIAP-~ 4J & 42,
10' SSE ,~ SDE
OR 447
N 89'44'40' E 144.02'
'-~'~ -'~'-.. LOT ,3
~ "'--."- EXHIBIT B
O~IE, ~-s-~. ABAI',[)ONk~-NT OF S.~ET
~',L~, "='~' AND EGRESS EASEMENT 2
~'~o~D ~, BECKER LANE
297151 Cdh~orn[o 2 SHIrrs
2S7151