CC Resolution No. 18-116 Vacating an Easement for Storm Drain Retention Basin Purposes Located on 23500 Cristo Rey Drive as Porvided in Secion 8320 Et Seq. of the Streets and Highways Code of the State of CaliforniaRESOLUTION NO. 18-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
VACA TING AN EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES
LOCATED ON 23500 CRISTO REY DRIVE
AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, that an easement for storm drain retention basin purposes located on
23500 Cristo Rey Drive, and more particularly described per Document No. 10533472,
recorded on May 23, 1990 hereto and made part hereof as Exhibits" A", is to be vacated;
and
WHEREAS, The City Council did, on 5th of November 2018, adopt Resolution
No. 18-106 of intention to vacate the aforementioned easement, and the City Clerk has
published notice and posted signs 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 storm drain retention basin easement is to be dedicated
superseding the existing storm drain retention basin easement; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways
Code, the City Council finds, from all the evidence submitted, that the 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, as shown and described per
Document No. 10533472, recorded on May 23, 1990 hereto and made part hereof as
Exhibits" A", pursuant to the provisions of Section 8320 et seq. of the California Streets
and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cupertino that the City Clerk is hereby authorized, upon notification from the
Director of Public Works that the Applicant has met all precedent conditions, to record
the executed original Resolution in the Office of the Recorder of the County of Santa
Clara.
Resolution No. 18-116
Page2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of December, 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:
~/~
Grace Schmidt, City Clerk
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!EXHIBIT A I
(Description At:t!lched) L 364PAGt218U
Grant.or hereby fW:1:her CjJr8J1t8 ta Grantee ·the dgnt and privilege to enter
upon his lends cxinti.guowa to and alQl'llJ . the line ot said hereinaJ:love
described strJp for the plipOSe of lccating, oonst:ructbq, repa.trilq,
maintA.i.nm;J, or replacing said st:cn drain pipinJ or ~
thereto, and tor tbe pJrJ)OC5e cf clo1n;J turf necessary or lawful ect in
cxinnection with the construction er ma.1nt:enance ot said st.am drain; tllere
is also granted t:he right or the use of sufficient land contiguous to said
strip on e!thar or both sides thereot tcr the purpose or excavation of and
deposit of earth an:i necasSGrY bdld1rq Jllilterlal durin] the time or
oonstructiJ¥J said atcrm drain, and eny rept.ir thereof.
'l1le foregoin;J is subject to the fol.lawin:J e,q:a;ess oonditions;
a)
b) 'l1le Grahtar al.so shill. m.va signs posted at all times in the
easement area to warn of a pat:entuu flood hazard,
'Dla Grantee agrees to rest.are the ground sur:faoe and DJrf inprcvaDants
thereon to its crigina]. grade er condition insofar as it ia practicebl.a
an:l naaonal>le to do ao.
IN Wl'DmlS 'lHEm»', said parties bava OXllOltecl this Grant of Easement
this 6th c'Jli.y of April , 191Q__,
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November 1, 1989
Revtsad Hcr,embar 3, 1989
Job No. 88918UIO
L 3 6 4 PA&E 218 3
RETENTION BASIN EASEMENT
~01\c,i.....,. Sttuata fn the Ctty of Cupertino, County of Santa clara, State of ~"'1.CASCOSJ Calffornla and descrtbed as follows: ~1lllaslil11
Be1ng a portfon of that certatn 54.04 acre tract of land described In
Exhfbft •Aa In the Ground lease to Forum L ffecare, Inc., ffled for
record December 11, 1987 In Book K387, page 1708 of Official Records,
Serles 9536539, Sanh Clara County Records and bl!lng more particularly described as follows;
Beginning at point lytng on that certain lfne described as North
61"04'48• West 100.85 feet, and being distant thereon fro01 the begfnnlng of said line 53.91 feet;
Thence proceeding along the following efght (8) numbered courses;
Ill
South 01•00•00• Wt!st 164,34 feet,
South 23•00•00• West 65.oo feet;
North 36°4J '26" West 64.1.5 feet,
North 88°30'59~ West 10,00 feet,
North 55°57'16u West 59.68 feet,
Hort~ oa•oo•oo• East 112 .eo feet,
(8)
South 77•oo•ooa Eut 103.85 feet, to a pofnt lying on the
nor.theasterly lfne of said parcel, thence along said line,
South 61°04'48" East 20.53 feet, to the Potnt of Beginning.
Containing 0.552 a~res more or less.
End of Descrlptfon
Description prepare by:
Rex A. Betz, l.s. 5251
License expires 12/31/91
/'? /.: ""-:-,I-Signed ,«&:it" (6 (3::~
Dated .,(;y,,·. :Z { 9& 7
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