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public utility easement if the easement has been superseded by relocation, or determined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 The easement has been superseded by relocation; and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
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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•.
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SAN JOSE, CA 95110 Job mo. 20117101 CUPERT 9 O, CAL 1 E.
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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