CC Resolution No. 9142
RESOLUTION NO. 9142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING V ACA TION OF A PUBLIC UTILITY EASEMENT LOCATED
WITHIN TRACT NO. 7277, LOTS 5 AND 6, TULA LANE PURSUANT TO
SECTION 50430 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA
WHEREAS, hearing on Resolution of Intention No. 9122 was held on June 20,
1994, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino,
California; and
WHEREAS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears
to be to the best interest of the city to vacate the hereinafter described portion of public
utility easement; that said portion of said easement is unnecessary for present or
prospective public purposes; and
NOW, THEREFORE, BE IT RESOLVED:
I. That all or any protests against t,he vacation of said public utility easement
be and hereby are overruled and denied;
2. That that certain public utility easement described and shown in Exhibits
"A" and "B" attached hereto and made part hereof, be and hereby is
vacated.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to cause a certified
copy of this resolution, attested to and sealed with the official seal of the City, to be
recorded with the County Recorder of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of Julv ,1994, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the Ci~ Council
Bautista, Burnett, Dean, Sorensen, Koppel
None
None
None
RESOLUTION NO. 9142
APPROVED:
ATTEST:
/s/ Barbara Koppel
Mayor, City of Cupertino
/s/ Roberta Wolfe
Deputy City Clerk
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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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It CURVE DATA
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2 64" 34' 27" 42' 47.34
3 ~2" 12' 02" 20· 18.22
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TULA
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2808
49
KIRKEBY ENGINEERING CORP.
10950 N. Slaney AIle.
Cupertino, CA. 95014 (408)252-9690
PLAT TO ACCOMPANY ŒSCRIPTION
ABANDONMENT OF EASEMENT
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SC ale: r . ~O· Do1e: JUNE 1994 ..Job No. 94017