CC Resolution No. 18-030 Declaring Intention to Order Vacation of an Easement for Storm Drainage and Incidental Purposes as Provided in Section 8320 ET SEQ.RESOLUTION NO. 18-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF AN
EASEMENT FOR STORM DRAINAGE AND INCIDENTAL PURPOSES
AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME
AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF
WHEREAS, an Easement for Storm Drainage and Incidental Purposes at 22445 and
22449 Cupertino Road and more particularly described in legal description and map
attached hereto and made part hereof as Exhibits" A" and "B", is to be vacated; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of
Section 8320 et seq. of the Streets and Highways Code of the State of California; and
WHEREAS, a new Drainage Easement is proposed to be granted to supersede the
existing Easement for Storm Drainage and Incidental Purposes; and
WHEREAS, it is deemed to be in the public interests that the City Council elects to
proceed to order said vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its
intention to vacate the aforesaid portion of City street easement.
BE IT FURTHER RESOLVED:
1. That the 1st day of May, 2018, at 6:45 p.m., in the Community Hall, 10350
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
hear ing and no more than 300 feet apar t w ith a minimum of 3 being pos ted .
Resolution No. 18-030
Page2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupe1iino this 3rd day of April, 2018 , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
Grace Schmidt, City Clerk
City of Cupertino
EXHIBIT 'A'
CITY OF CUPERTINO
EXISTING DRAINAGE EASEMENT
TO BE VACATED
(LEGAL DESCRIPTION)
AN EASEMENT FOR STORM DRAINAGE PURPOSES OVER A STRIP OF LAND 10.00 FEET IN WIDTH , TOGETHER
WITH AN EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 5.00 FEET IN WIDTH , LYING
IMMEDIATELY ADJACENT TO THE EASTERLY BOUNDARY OF THE STORM DRAINAGE EASEMENT, THE WESTERLY
LINE OF WHICH 10.00 FOOT EASEMENT IS DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT IN THE CENTERLINE OF SAN JOSE-STEVENS CREEK ROAD, DISTANT THEREON SOUTH
89 ° 53' EAST 285 .39 FEET FROM AN IRON PIPE IN A MONUMENT BOX AT THE INTERSECTION THEREOF WITH THE
ORIGINAL CENTERLINE OF MOUNTAIN VIEW-STEVENS CREEK ROAD , SA ID POINT BEING THE SOUTHWESTERLY
CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM WESTERN TITLE GUARANTY
COMPANY, SANTA CLARA COUNTY DIVISION , A CORPORATION, TO SOLHEIM LUTHERAN HOME , A CORPORATION ,
DATED MARCH 21, 1958, RECORDED APRIL 17 , 1958 IN BOOK 4054 OFFICIAL RECORDS , PAGE 497 , SANTA CLARA
COUNTY RECORDS ; THENCE FROM SAID POINT OF BEGINNING NORTH 5° 02' WEST ALONG THE WESTERLY LINE
OF LAND SO DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 30.12 FEET TO
AN IRON PIPE AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED ; THENCE FROM SA ID
TRUE POINT OF BEGINNING NORTH 5° 02' WEST CONTINUING ALONG SAID WESTERLY LINE OF LAND SO
DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 564 .21 FEET TO AN IRON
PIPE SET AT THE SOUTHWESTERLY CORNER OF LOT 4 , AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP
ENTITLED , "TRACT NO. 2527 LA CRESTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA , STATE OF CALIFORNIA , IN BOOK 121 OF MAPS , AT PAGE 17 AND
THE TERMINUS OF SAID EASEMENT.
EXHIBIT 'B'
CITY OF CUPERTINO
EXISTING DRAINAGE EASEMENT
TO BE VACATED
I
\
P.M. BK. 225, PG. 8
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P.M. BK. 414,
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!:::.-1\ II I I ~ EXISTING DRAINAGE EASEMENT
1 I I (BK. 6041 , PG. 596,
\
I RECORDED MAY 28, 1863)
L_f____________ \1 TO BE VACATED
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\ 1 SUNNY VIEW I I
------
\ L_~UTH:RAN H~~~ _ _ll
I ----------------------
1--------~(FORMER~~ps\::~~ti:~EKROAD) -------.-
LEGEND
----------PROPERTY BOUNDARY LINE
CENTERLINE
INDETERMINATE BOUNDAR Y LINE
------------EASEMENT LINE
M.B .
PL
C L
MAP BOOK
PROPER TY LINE
C ENTER LINE
100
GRAPHIC SCALE
0 100
( IN FEET)
1" = 100'
200