E-710 VACATION INGRESS/EGRESS AND PUBLIC UTILITY EASEMENT, PARCELS A & B, PRUNERIDGE AVE RESOLUTION NO. 00-036
A RESOLUTION OF THE CITY COU14CIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF AN INGRESS &EGRESS EASEMENT
AND PUBLIC UTILITY 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; PARCELS A,AND B,PRUNERIDGE AVENUE
WHEREAS, those certain Ingress & Egress and Public Utility Easements more particularly described
in description and map attached hereto and made apart hereof as Exhibits "A" and "B", are 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 interests that the City Council initiates the vacation of said easements;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate
the aforesaid.ingress& egress and public utility easements.
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 plaice 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, Statton
NOES: None
ABSENT:. None
ABSTAIN: None
ATTEST: PL13PROVED:
/s/Kimberly-Smith /:;/John Statton
City Clerk Mayor, City of Cupertino
LEGAL DESCRIPTION
FOR ABANDONMENT OF INGRESS & EGRESS
& PUBLIC UTILITY FA EMENT
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, AS DESCRIBED IN DOCUMENT RECORDED
IN BOOK N342 OF OFFICIAL RECORDS, AT PAGE 1298, SANTA CLARA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
A "PRIVATE EASEMENT TO BENEFIT PARCEL 3 FOR INGRESS AND EGRESS AND
PUBLIC UTILITIES EASEMENT" OVER PARCEL 1, AS SHOWN UPON THAT CERTAIN MAP
ENTITLED "PARCEL MAP", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
DECEMBER 30, 1986 IN BOOK 569 OF MAPS, AT PAGES 41 AND 42.
PARCEL "B"
A "PRIVATE 40 FOOT INGRESS AND EGRESS AND UTILITY EASEMENT" OVER PARCEL
B-2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PARCEL MAP", WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 29, 1986 IN BOOK 565 OF MAPS, AT
PAGE 20.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON ATTACHED EXHIBIT "B" PLAT AND
BY REFERENCE MADE A PART HEREOF.
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RESOLUTION NO. 00-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF AN IN{JRESS AND EGRESS EASEMENT
AND A PUBLIC UTILITY EASEMENT PURSUANT TO SECTION 50430
ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF,CALIFORNIA,
PARCELS A AND B, PRUNERIDGE AVENUE
WHEREAS, hearing on Resolution of Intention No. 00-036 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 and public utility easements.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said ingress and egress easement
and public utility easement are hereby are overruled and denied.
2. That the portions of Parcels A and B on Pruneridge Avenue, described and shown
in Exhibits "A" and"B" attached hereto and made part hereof,be and hereby are vacated.
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 22"d day of February, 2000,by the following vote:
Vote Members of the City 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 INGRESS & EGRESS
& PUBLIC UTILITY EASEMENT
ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CUPERTINO, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, AS DESCRIBED IN DOCUMENT RECORDED
IN BOOK N342 OF OFFICIAL RECORDS, AT PAGE 1298, SANTA CLARA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PAR~
A "PRIVATE EASEMENT TO BENEFIT PARCEL 3 FOR INGRESS AND EGRESS AND
PUBLIC UTILITIES EASEMENT" OVER PARCEL 1, AS SHOWN UPON THAT CERTAIN MAP
ENTITLED "PARCEL MAP", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
DECEMBER 30, 1986 IN BOOK 569 OF MAPS, AT PAGES 41 AND 42.
PARCEL "B"
A "PRIVATE 40 FOOT INGRESS AND EGRESS AND UTILITY EASEMENT" OVER PARCEL
B-2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PARCEL MAP", WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 29, 1986 IN BOOK 565 OF MAPS, AT
PAGE 20.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON ATTACHED EXHIBIT "B" PLAT AND
BY REFERENCE MADE A PART HEREOF.
gH:297151-3WPD
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