CC Resolution No. 9122
RESOLUTION NO. 9122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER V ACA TION OF A PORTION OF
A PUBLIC UTILITY EASEMENT WITHIN THE CITY OF CUPERTINO
PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR
HEARING AND PROVIDING FOR NOTICE THEREOF, LOCATED WITHIN
TRACT 7277, LOTS 5 AND 6, TULA LANE
WHEREAS, that certain public utility easement located within Tract 7277, Lots 5
and 6, Tula Lane, more particularly described in description and map attached hereto and
made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interest that the City Council initiates the vacation
of said easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares
its intention to vacate the aforesaid public utility easement;
BE IT FURTHER RESOLVED:
1. That the 5th day of July, 1994, at 6:45 p.m., in the Council Chamber, City
Hall, 10300 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
hearing and no more than 300 feet apart within a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of June ,1994, by the following vote:
RESOLUTION NO. 9122
PAGE 2
~
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Burnett, Sorensen, Dean
None
Koppel
None
APPROVED:
181 Wally Dean
Mayor, City of Cupertino
ATTEST:
181 Kim Marie Smith
City Clerk
ABANDONMENT OF EASEMENT
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, being an easement fifteen (15) feet in
width for public utilities purposes deeded to the City of Cupertino,
California by Deed recorded in Book 8311 of Official Records at page 385,
Santa Clara County Records, with the center line described as follows:
Beginning at the southwesterly corner of Lot 46, as said lot is shown upon
that certain Map entitled, "Tract No. 2808, Pepper Tree Unit No.2, Cupertino,
California", which Map was filed for record in the Office of the Recorder of
the County of Santa Clara, State of California, on September 7, 1961, in Book
137 of Maps, at pages 22 and 23; thence N 89°59'37" W 10.00 feet; thence
S 56°18'58" W 36,06 feet; thence N 89° 59'37" W 179.07 feet to the westerly
line of that certain 5-acre tract of land conveyed by Harold Richard Chivers
to San Jose Abstract & Title Insurance Company, a Corporation, by Deed dated
_ April 20, 1945, recorded May 5, 1945, in Book 1257 of Official Records, at
page 276, in the Office of the Recorder of the County of Santa Clara, California.
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LOT 8
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It CURVE DATA
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2 64· 34' 27" 42' 47.34
3 52' 12' 02" 20' 16,22
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LOT 3
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LOT 4
LANE
2808
49
KI RKEBY ENGINEERING CO RP.
10950 N. Blaney Ave.
Cupertino, CA. 95014 (408)252-9690
PLAT TO ACCOMPANY DESCRIPTION
ABANDONMENT OF EASEMENT
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Scale: r . 50'
Date: JUNE 1994