CC Resolution No. 18-043 Ordering the Vacation of an Easement for Storm Drainage and Incidetal Purposes as Provided in Section 8320 ET SEQ. of the Streets and Highways Code of the State of CaliforniaRESOLUTION NO. 18-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAINAGE AND
INCIDENT AL PURPOSES AS PROVIDED IN SECTION 8320 ET SEQ. OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
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 did, on the 3,ct of April 2018, adopt a resolution of
intention to vacate the aforementioned easement, and the City Clerk has posted signs and
published notice declaring said intention, and the date, time, and place of a public hearing
to consider said intention, pursuant to the provisions of Section 8320 et seq. of the
California Streets and Highways Code; and
WHEREAS, a new Drainage Easement is proposed to be granted to supersede the
existing Easement for Storm Drainage and Incidental Purposes; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code,
th_e City Council finds, from all the evidence submitted, that the public drainage easement
described in the notice of hearing is unnecessary for present or prospective purposes after
conditions have been satisfied; 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 of the City of
Cupertino hereby vacates the aforesaid Easement for Storm Drainage and Incidental
Purposes, as shown and described on the attached map and description, pursuant to the
provisions of Section 8320 et seq. of the California Streets and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City
of Cupertino that the City Clerk is hereby authorized, upon notification from the Director
or Public Works, that the new Drainage Easement has been prepared, approved and is
ready for recordation, to record the executed original Resolution in the Office of the
Recorder of the County of Santa Clara.
Resolution No. 18-043
Page2
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of May, 2018, by the following vote:
Vote: Members of the City Council
A YES: Paul, Sinks, Chang, Scharf, Vaidhyanathan
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~~A
Grace Schmidt, City Clerk
~-~--P
Darcy Paul, ~~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 .3 9 FEET FROM AN IRON PIPE IN A MONUMENT BOX AT THE INTERSECTION THEREOF WITH THE
ORIGINAL CENTERLINE OF MOUNTAIN VIEW-STEVENS CREEK ROAD , SAID 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 SAID
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.
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I I
CITY OF CUPERTINO
DRAINAGE EASEMENT
Exhibit B
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I P.M. BK. 225, PG. 8
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\ . BEGINNING~8.~3~ ------------------f \_J---------~;-, POINT OF COMMENCEMENT
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o' L2 1 1f 7 NORTHEASTERLY CORNER
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PARCEL B
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PG. 22
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\ \ SUNNY VIEW li"\I 10.00' ' L LUTHERAN HOME -1,,1---\ ---------JL----------------------
L--~OINT.?FTE~~~ION -CUP~RTINQROAQ ___________ _
I (FORMERL y STEVENS CREEK ROAD)
8-1
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NOTE: GRAPHIC SCALE
SEE EXHIBIT 'C' FOR DATA TABLES 100 0 100
( IN FEET)
1" = 100'