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CC Resolution No. 14-214 vacating a portion of 10097 S. Blaney Ave APN 369-03-008 RESOLUTION NO. 14 -214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF A 20' PUBLIC UTILITY EASEMENT E PROPERTY LOCATED AT 10097 S.BLANEY AVENUE WITHIN A PRIVATE , APN 369-03-008 WHEREAS, subdivisiono a of Section 8333 f the Streets and Hi hwa s Code of � ) g Y the State of California authorizes the City Council to summarily vacate a portion of a public utility easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;and WHEREAS,.the City Council intends to summarily vacate a portion of a 20' Public Utility Easement(hereinafter the "Easement") constituting all that real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described in the legal description and plat map attached hereto and made part hereof as Exhibits "A" and "B"; and WHEREAS, attached to this Resolution as Exhibit"C"is a copy of the staff report, dated November 18, 2014, that the Director of the Department of Public Works submitted to the City Council setting forth the reasons justifying the summary vacation of the Easement(hereinafter"Report"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino: SECTION 1. The City Council hereby adopts the Report and,based upon the Report and all other evidence submitted, makes the following findings: 1. The easement has been superseded by relocation; and 2. The easement has been determined to be in excess by the City; and 3. There are no other public facilities located within the easement. SECTION 2. Based"upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the Easement shall be and hereby summarily vacated. SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibits "A", "B", and"C"hereto. SECTION 4. The portion of the Easement will no longer constitute a Public Utility . Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of November, 2014,by the following vote: Vote Members of the City Council AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong,Mayor n 63 February 20,2014 a„ .;.� B K FBKF No. 20117101 E:tGn EuLs S RVEYOP,s;PLANNERS Page 1 of I EXHIBIT"A" Legal Description Portion of PUBLIC UTILIITIES EASEME,NT TO l(3'+ VACATED LAKE BL[,TMORE APARTMENTS Real property in the City of Cupertino,County of Santa Clara,State of California,described as Follows: Being a portion of the land described in that certain Grant Deed, conveyed to LAKE BILTMORE APARTMENTS, a limited partnership,recorded May 2, 1983 in Book H521 at Page 169, Official Records of Santa Clara County,described as follows: Being also a portion of Parcel 1, as shown on that certain Parcel Map,filed for record on April 20, 1971 in Book 282 of Maps at Page 12,Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 1, said corner being also a point on the westerly line of Blaney Avenue, as said line is shown on that certain Record of Survey, tiled for record on September 10, 1968 in Book 242 of Maps at Page 19,Records of said County; Thence leaving said corner and along the northerly Iine of said Parcel 1, South 89°54'00" West, 230.50 feet; Thence leaving said northerly line, South, 35.00 feet to a point on the northerly line of that certain 20 foot wide Public Utilities Easement, as shown on said Parcel Map (282 Maps 12), said point being also the TRUE POINT OF BEGINNJN`G of this description; Thence leaving said Point and along said northerly line of said Easement, North 89°54'00" East, 230.50 feet to said westerly line of Blaney Avenue; Thence along said westerly line of Blaney Avenue,South,20.00 feet to the southerly line of said Easement, as shown on said Parcel Map(282 Maps 12); Thence leaving said westerly line of Blaney Avenue and along said southerly line of said Easement, South 89054'00"West,230.50 feet; Thence leaving said southerly line of said Easement, North, 20.00 feet to the 'TRUE POINT OF BEGINNING of this description; Containing an area of 4,610 square feet,more or less. Being also a portion of Assessor's Parcel Number 369-03-005 per Roll Year 2013-2014. As shown on, lEX. IBIT"B"attached hereto and by this reference made a part hereof•. �p LAND SU For:BI{F Engineers ��5 JOHN 0 IC-68.E8/� / KOROYEIN . John li oroyan, P.L. . b'ro. 851,33 4 Dated No.8883 (PT�r�DF GALlcQ4�\ O �40 80 160 — — — — — — — --�— STEVENS CREEK BOULEVARD (SCAW, � f=0 T) � (FORMERLY STEVENS CREEK ROAD) Do0 v N CtMfux g °1 � Lli/�YG 7Al�T f o P= 01Y5 a iwo it .DOC. 18008783 � O Q APAI 369-�0�3-005 30 30 Lu 4 PREG BILTMORE Z DOC. 22278606 f Lu APN 369-03-009 F Lu �::4 4 CD POINT OF BEGINNING S8954'00"VI 230.50' POINT 0 i V—TRUE OF 13EGINMNG M ———— — N89 54'00"E 230.50' M S89 54'00"VI 230.50' -————————— ———--U201 P.U.E. 282 M 12 POR77ON OF RUE.' PER 282 Mf 12 TO �o SAND BE VA CA TED 4,610 S.F.± JOHN LINE TABLE KOROYAN LINE SEARING LENGTH LAKE BILTMORE APARTMENTS No.8883 U SOUTH 35.00' H521 O.R. 169 PAROL I Lp �Q L2 SOUTH 20.00 232 P✓1 12 F L3 NORTH 20.O!L_J APN 369-03-008 0.� P.U.E. – DENOTES "PUBLIC UTILITIES EASEMENT" EXe IBI T 'OB DD PLAT TO ACCOMPANY K:\Sur11\117101\DVIG\PLATS\PUE Vacation P1at.dwg LEGAL DESCRIPTION 1650TECHNOLOGYDRIVE Subject P.M. VA�CI1TIM PLAT ' LAKE BRE A10RE APARTMENTS SAN JOSE, CA 95110 Job mo. 20117101 CUPERT 9 O, CAL 1 E. 408-467-9100 By WE Date 02-20-14 Chl(d. JVK 408-467-9199 (FAX) SHEET 1 OF 1 EXHIBIT C PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 CtJPERTINO TELEPHONE:(408)777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:November 18,2014 Subject Summary Vacation of a Portion of the Public Utility Easement located at 10097 S. Blaney Avenue. Recommended Action Adopt Resolution No. 14- summarily vacating a portion of the Public Utility Easement within a private property located at 10097 S. Blaney Avenue. Background Prometheus Real Estate Group, submitted an application on behalf of the property owner, Lake Biltmore Apartments, LP, a California limited partnership, to vacate a portion of a twenty-foot-wide Public Utility Easement (PUE) within a private property located at 10097 S. Blaney Avenue. .The PUE was created with a certain Parcel Map, filed for record on April 20, 1971, in Book 282 of Maps at Page 12, Santa Clara County Records. On September 18, 2014, the City Council approved a Development Permit, DP72011-05, to allow for the construction of an apartment building on the Lake Biltmore Apartments property located at 10097 S. Blaney Avenue. The PUE vacation is necessary to accommodate the building's placement, which is located over the easement. Staff has determined the PUE is not needed for public purposes. All concerned utility companies have been contacted in writing and have no objection to the proposed vacation. Cal Water is the only utility company with existing facilities within the easement. These facilities have already been abandoned in-place and new facilities have been constructed on a new easement located on the adjacent Biltmore Adjacency property and granted by the property owner, Preg Biltmore, LP. The PUE may be summarily vacated per the Streets and Highway Code, Section 8333(a). Adoption of this resolution will allow the City to summarily vacate a portion of the existing PUE on the subject property. Upon recordation of this vacation, the portion of the subject easement will be removed from the property and no further action by the City will be required. Fiscal Impact The City. does not currently use this PUE, nor is it likely to do so in the future. Therefore, there will be no fiscal impact incurred by approving this summary vacation. Prepared bv: Erwin Ching,Associate Civil Engineer Reviewed by: Timm Borden,Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A- Draft Resolution OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupeftino.org November 24, 2014 Santa Clara County Recorder's Office 70 West Hedding Street San Jose, CA 95110-1768 DOCUMENT FOR RECORDATION Resolution Vacating a Portion of a 20'Public Utility Easement within a private property 10097 S, Blaney Avenue, Cupertino, CA 95014 The enclosed document is for recording. If you have any questions or concerns, please contact our office at (408) 777-3223. Sincerely, Andrea Sanders Senior Office Assistant City of Cupertino "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated, June 18, 2014 from 10097 S, Blaney Avenue, Cupertino, CA 95014 to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director,, and the grantee consents to recordation thereof by its duly authorized officer. Dated: November 24, 2014 By: /' 0 Andrea S Senior Office Assistant RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED,MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE W ACCORDANCE WITH GOV, CODE 27281 Vacating a Portion of a 20' Public Utility Easement within a private property 10097 S, Blaney Avenue, Cupertino, CA 95014 APN 369-03-008 ®riginal 0 For Fast Endorsement