CC Resolution No. 9719 RESOLUTION NO. 9719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF EMERGENCY
VEHICLE ACCESS EASEMENT, PUBLIC UTILITY EASEMENT, WIRE
CLEARANCE EASEMENT, AND PRIVATE ACCESS 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 AT TORRE AVENUE AND DE ANZA
BOULEVARD, LOT 5 OF TRACT NO. 7953
WHEREAS, that certain emergency vehicle access easement, public utility
easement, wire clearance easement, and private access easement more particularly
described in description and map attached hereto and made part hereof as Exhibits "A"
and "B" are 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 easements;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares
its intention to vacate the aforesaid easements.
BE IT FURTHER RESOLVED:
1. That the 18th of November, 1996, at 6:45 p.m., in the Council Chamber,
City Hall, 10300 Torte 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 with a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21 st day of October, 1996, by the following vote:
Vote Members 92[ the City_ Council
AYES: Bautista, Chang, Dean, Sorensen, Burner
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk 6f~ Mayor, City of Cupertino
0c~.17.1996 I~:5~PM KIER & WRIGHT ~0.~78 P.~xlS
LEGAL DESCRIPTION
EXHIBITA
PARCEL ONE: PORTION OF 5' WIRE CLEARANCE EASEMENT ONCE)
PER 186 MAPS 36 TO BE VACATED
BEING A PORTION OF PARCEL 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP
BEING A SUBDIVISION OF LOT 9 OF TRACT 3743 (188-MAPS 36 & 37)" WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
_~)NCALIFORNIA DECEMBER 12, 1978, IN BOOK 432 OF MAPS, AT PAGE 3, FURTHER DESCRIBED
,.,. AS FOLLOV~;
THE W~ERLY 275,46 FEET OF THE SOUTHERLY 5.00 FEET OF THE NORTHERLY 15.00 FEET OF
SAID PARCEL 2 (432 MAPS 3).
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, L$, 5777' DATE' "
__ EXPIRATION DATE: 12.-3'1-2000
199611016LD3.MJF 95220-2
u~, .if. 1~6 1E:5~PM KIER & WRIGHT N0.~78
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TO BE VACATED ,~,
u~.l~.l~ 12:$3PM KIER & WRIGHT ~).278 P.4/15
.-- LEGAL DESCRIPTION
EXHIBITA
PARCEL ONE: PORTION OF EMERGENCY VEHICLE ACCESS EASEMENT (E.V.KE).
AND A PORTION OF PUBLIC UTILITIES EASEMENT (P.U.E.) PER 571 MAPS 36 TO BE VACATED
REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 7 (COMMON AREA) AS SHOWN ON THAT CERTAIN MAP ENTITLED
'TRACT NO. 7953 CUPERTINO CITY CENTER PHASE II1", WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA. STATE OF CALIFORNIA ON
FEBRUARY 27, 1987. IN BOOK 571 OF MAPS, PAGES 36 AND 37, FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7, BEING A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF DE ANZA BOULEVARD (FORMERLY SARAT~A-SUNNYVALE ROAD)/~
SAID EAgeRLY RIGHT OF WAY LINE IS SHOWN ON SAID TRACT MAP NO. 7953;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE BEING ALSO THE WESTERLY LINE OF
SAID LOT 7 TRACT 7953, NORTH 2° 03' $8" EAST 58.89 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF A 200.00 FOOT RADIUS TANGENT CURVE TO
THE RIGHT, THROUGH A CENTRAL ANGLE OF 9° 03' 02", AN ARC DISTANCE OF 31.59 FEET;
THENCE NORTH 9° 56' 22" EAST, 31.76 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF A 200.00 FOOT RADIUS TANGENT CURVE TO
THE LEFT, THROUGH CENTRAL ANGLE OF 7° 49' 21", AN ARC DISTANCES OF 27.31 FEET:
THENCE NORTH 2° 07 01" EAST, 132.67 FEET;
THENCE NORTHEASTERLY. AND EASTERLY ALONG THE ARC OF A 30.00 FOOT RADIUS NON-
TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 31° 22' 46" EAST,
THROUGH A CENTRAL ANGLE OF 32° 16' 06", AN ARC DISTANCE OF 16.90 FEET;
THENCE NORTH 0' 53' 20' EAST, 3.70 FEET TO A POINT ON THE WESTERLY PROLONGATION OF
THE NORTHERLY LINE OF LOT $ AS SAID LOT IS SHOWN ON THE AFOREMENTIONED TRACT
MAP NO. 7953 (BK 571 M 36);
THENCE LEAVING SAID E~TERLY RIGHT OF WAY LINE AND SAID WESTERLY LOT LINE OF LOT
7, ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID LOT 5, SOUTH
89' 06' 40" EAST, 22.49 FEET TO THE NORTHWESTERN CORNER OF SAID LOT 5 (TRACT MAP NO.
7953);
THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY LOT LINES OF SAID LOT $ THE
FOLLOWING THREE COURSES:
1. SOUTH 0° 53' 20" WEST, 270.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5:
1996/1015LD. MJF 95220-2
uL~.1'~.1996 12:53PM KIER ~ WRIGHT N0.278 P.5/15
2. SOUTH 89" 06' 40" EAST, 208.$2 FEET TO THE SOUl HEAST CORNER OF SAID LOT 5; AND
3. NORTH 0" ,53' 20" EAST, 19,5.00 FEET;
1996/1015LD, MJF 95220-2
~.~.l~ l~:53PM KIER & WRIGHT MO.~?8 P.$xl5
THENCE LEAVING SAID EASTERLY LOT LINE OF LOT 5 SOUTH 89* 06' 4{7' EAST. 28.00 FEET TO A
LINE WHICH' LIES 28,00 FEET EASTERLY OF AND PARALLEL WITH, MEASURED AT RIGHT ANGLE
TO THE AFOREMENTIONED EASTERLY LINE OF SAID LOT 5 (TRACT 7953);
THENCE ALONG SAID PARALLEL LINE SOUTH 0° 53' 20" WEST, 91.00 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 89* 06' 40" WEST, 14.00 FEET TO A LINE WHICH
EES 14.00 FEET EASTERLY OF AND PARALLEL WITH. MEASURED AT RIGHT ANGLES TO SAID
EASTERLY LINE OF SAID LOT 5;
THENCE ALONG SAID PARALLEL LINE SOUTH 0° 53' 20" WEST, 124.07 FEET TO THE SOUTHERLY
LINE OF SAID LOT 7 (TRACT 7953);
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89* 03' 14" WEST, 275.46 FEET TO THE POINT
OF BEGINNING.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, L.S, 5777 DATE
EXPIRATION DATE: 12-$1-2000
1995/10JSLD. MJF 95220-2
OCT. 17. 1996 12:$4PM KIER & WRIGHT N0.278 P. 7/15
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~PS 36 TO BE VACATED
0CT.17.1996 l~:54PM KIER & WRIGHT MO.~?8
-- LEGAl. DE,?~RIPTION
EXHIBITA
PARCEL ONE: PORTION OF 10' PUBLIC; UTILITIES EASEMENT (P.U.E.)
PER 526 MAPS 3 TO BE VACATED
REAL PROPERTY IN THE CITY OF CUPERTINO. COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 7 (COMMON AREA) AS SHOWN ON THAT CERTAIN MAP ENTITLED
'~rRACT NO. 7953 CUPERTINO CITY CENTER PHASE II1", WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
FEBRUARY 27, 1987, IN BOOK 571 OF MAPS, PAGES 36 AND 37, FURTHER DESCRIBED AS
FOLLOWS:
THE WESTERLY 275.46 FEET OF THE SOUTHERLY 10.00 FEET OF ~:lID LOT 7 (COMMON AREA)
TRACT 7953 (571 MAPS 36);
KIER & VVRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, L.S. 5777' · DATE
EXPIRATION DATE: 12-31-2000
1996/1016LD2.MJF 95220-2
OCT. 17. 1996 12: 54PM KTER & WRIGg~T
10' P U E PER 526 MAPS 3
0CT.17.1996 l~:55PM KIER & WRIGHT H0.~78 P.10/15
LEGAL DESCRIPTION
EXHIBIT A
PARCEL ONE: PORTION OF PRIVATE ACCESS EASEMENT (P.A~E.)
PER 571 MAPS 36 TO BE VACATED
REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 7 (COMMON AREA) AS SHOWN ON THAT CERTAIN MAP ENTITLED
'~RACT NO. 7953 CUPERTINO CITY CENTER PHASE II1"o WHICH MAP WAS FILED FOR RECORD IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
FEBRUARY 27, 1987. IN BOOK 571 OF MAPS, PAGES :36 AND 3?, FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7, BEING A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF DE ANZA BOULEVARD (FORMERLY SARATOGA-SUNNYVALE ROAD) AS
SAID EASTERLY RIGHT OF WAY LINE 18 SHOWN ON SAID TRACT MAP NO. 7953;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE BEING ALSO THE WESTERLY LINE OF
SAID LOT 7 TRACT 7953, NORTH 2° 03' 58" EAST 58.89 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF A 200.00 FOOT RADIUS TANGENT "CURVE TO
THE RIGHT, THROUGH A CENTRAL ANGLE OF 9* 03' OZ', AN ARC DISTANCE OF 31.59 FEET;
THENCE NORTH 9' 56' 22" EAST. 31.76 FEET:
THENCE NORTHEASTERLY ALONG THE ARC OF A 200.00 FOOT RADIUS TANGENT CURVE TO
THE LEFT, THROUGH CENTRAL ANGLE OF 7o 49' 21", AN ARC DISTANCES OF 27.31 FEET;
THENCE NORTH 2' 07' 01" EAST, 132.67 FEET;
THENCE NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF A 30.00 FOOT RADIUS NON-
TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 31° 22' 4~' EAST,
THROUGH A CENTRAL ANGLE OF 32' 16' 06", AN ARC DISTANCE OF 16.90 FEET;
THENCE NORTH 0° 53' 20' EAST, 3.70 FEET TO A POINT ON THE WESTERLY PROLONGATION OF
THE NORTHERLY LINE OF LOT 5 AS SAID LOT IS SHOWN ON THE AFOREMENTIONED TRACT
MAP NO. 7953 (BK 571 M 36);
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND SAID WESTERLY LOT LINE OF LOT
7, ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID LOT 5, SOUTH
ag" 05' 40" EAST, 22.49 FEET TO THE NORTHWESTERN CORNER OF SAID LOT 5 (TRACT MAP NO.
7953);
THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY LOT LINES OF SAID LOT 5 THE
FOLLOWING THREE COURSES:
1. SOUTH 0° 53' 20" WEST, 270.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5;
1996/1016LD1.MJF 95220-2
0CT.17.199~ 12:55~M KIER ~ WRIGHT NO.~?8 P.11/15
2. SOUTH 89" 06' 40" EAST. 208.32 FEET TO THE SOUTHEAST CORNER OF SAJD LOT 5; AND
I ,3. NORTH 0" 55' 20" EAST. 195.00 FEET;
199611016LD1,MJF 95220-2
0CT.17.1996 1~:$6PM KIER & WRIGHT NO.E?B P. 1~/15
THENCE LEAVING 8AID EASTERLY LOT LINE OF LOT $ SOUTH 8g° 06' 40" EAST, 28.00 FEET TO A
LINE WHICH LIES 28.00 FEET EAb'~rERLY OF AND PARALLEL W/TH, MEASURED AT RIGHT ANGLE
TO THE AFOREMENTIONED EASTERLY LINE OF SAID LOT 5 (TRACT 7953};
THENCE ALONG SAID PARALLEL LINE SOUTH 0° 53' 20" WEST, 91.00 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 89° 06' 40" WEST, 14.00 FEET TO A LINE WHICH
LIES 14.00 FEET EASTERLY OF AND PARALLEL WITH, MEASURED AT RIGHT ANGLES TO SAID
EASTERLY LINE OF SAID LOT 5;
THENCE ALONG SAID PARALLEL LINE SOUTH 0~ 53' 20" WE~I', 124.07 FEET TO THE SOUTHERLY
LINE OF SAID LOT 7 (TRACT 7955);
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89' 03' 14" WEST, 275.46 FEET TO THE POINT
OF BEGINNING.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, LS. 5777 DATE
EXPIRATION DATE: 12-31-2000
1996/1016LD1.MJF 95220-2
~O_CT. 17. 199A 12:$6PM, KIER & WRIGHT .. NO. 2?8 P. 13/15
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0CT.17.1996 1~:56PM KI£R & WRIGHT HO.~?8 P.14/15
-- LEGAL DESCRIPTION
EXHIBITA
PARCEL ONE: PORTION OF 10' PUBLIC UTILITIES EASEMENT (P.U.E.)
PER 186 MAPS 36 TO BE VACATED
BEING A PORTION OF PARCEL 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP
BEING A SUBDIVISION OF LOT 9 OF TRACT 3743 (186-MAPS-36 &37)" VVHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA ON DECEMBER 12, 1978, IN BOOK432 OF MAPS, AT PAGE 3, FURTHER DESCRIBED
AS FOLLOWS:
THE WESTERLY 275.46 FEET OF THE NORTHERLY 10.00 FEET OF SAID PARCEL 2 (432 MAPS 3).
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEI~J. FOLEY, L.S. 5777 DATE
EXPIRATION DATE: 12-31-2000
1996/1016LD. MJF 95220-2
OCT. l?. 1996 i~:5?PM KIER ~ WRIGHT MO.~?8 P.
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TO BE VACATED ~,,~ ,-~,e~ 1 ~ 1