CC Resolution No. 9739 RESOLUTION NO. 9739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING
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,
BETWEEN TORRE AVENUE AND DE ANZA BOULEVARD, LOT 5 OF TRACT NO. 7953
WHEREAS, heating on Resolution of Intention No 9719 was held on November 18, 1996, at a
regular meeting of the City Council at 10300 Torte 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 in the best
interest of the city to vacate the hereinafter described emergency vehicle access easement, public utility
easement, wire clearance easement, and private access easements and that said easements are unnecessary
for present or prospective public street purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said easements be and hereby are overruled
and denied;
2. That certain easements described and shown in Exhibits "A" and "B" attached hereto and
made part hereof, be and hereby are vacated.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to caused 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 November, 1996, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
0CT.17,1996 l~:5~PM KIER & WRIGHT MO.~?8 P.2/15
LEGAL DESCRIPTION
EXHIBIT A
PARCEL ONE: PORTION OF 5' WIRE CLEARANCE EASEMENT (WC;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 SUBDMSION OF LOT 9 OF TRACT 3743 (18S-MAPS 36 & 37)" WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA.~N DECEMBER 12, 1978, IN BOOK 432 OF MAPS, AT PAGE 3, FURTHER DESCRIBED
/,. AS FOLLOV~S; ,
THE WESTERLY 275,48 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: 12-31-2000
1996/1016LD3.MJF95220..2
P/ARcing ~ (EK ~ P~
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PLAT TO ACC~~Y LEGAL DESCRIPTION ,~, ,...,
Jm
TO BE VACATED ~ -- ~- ~ ~
OCT. I?. 1~96 1;~:531~ Kib2/ & Wt,/Zi~HI N0.~78 P.5/15
2. SOUTH 89' 06' 40" EAST, 206.3,2 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; AND
,
3. NORTH 0° 53' 20" EA~', 195.00 FEET; ..
1996/1015LD, MJF 95220-2
! 0CT.17.1996 l~:53PM KI~R & WRIGHT NO.g?8 P.6/15
THENCE LEAVING SAID EASTERLY LOT LINE OF LOT 5 SOUTH 89' 06' 40" FAST, 28.00 FEET TO A
LINE WHICH UES 28,00 FEET EASTERLY OF AND PARALLEL WITH, MEASURED AT RIGHT ANGLE
TO THE AFOREMENTIONED EASTERLY LINE OF SAID LOT 5 (TRA~ 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 UNE 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" WEST, 124.07 FEET TO THE SOUTHERLY
MNE OF SAID LOT 7 (TRACT 7963);
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89° 03' 14" WEST, 275.46 FEET TO THE POINT
OF BEGINNING.
KJER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, L.S. 5777. DATE
EXPIRATION DA'rE: 12-31-2000
199611016LD, MJF 95220-2
OCT. 17.1~9~ 12: 54P~ KI['~ g ~IG~T
?'~:, ~,r.. ?953
I' · LOT
- ~'~ -- LOT 7 ~MMON AR~
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10-16-1996
PLAT TO ACCOMPANY LEGAL D£SCR I PTION '~' ,..,o.
CITY OF Ct~ERTINO SANTA CLARA COUNTY CALIFORNIA
E.V.A.E. & P.U.E PER 571 ~ KI£R ~. ~lom'
MAPS 36 TO BE VACATED :---,~-~,,.,-.
m,~m ~,. (,,rq6.mm1 OF' 1
0CT.17.1996 I~:5~PM KI£R & WRIGHT ~0.~78 P.Sxl5
- LEGAL DESCRIPTION
EXHIBITA
PARCEL ONE: PORTION OF 10' PUBLIC UTILITIES EASEMENT (P.U.E.)
PER $26 MAPS :3 TO BE VACATED
REAL PROPER]~f IN THE CITY OF CUPERTINO. COUNTY OF SANTA CLARA. STATE OF
CALIFORNIA, DESCRIBED A~ 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 CLARK 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 SAID LOT 7 (COMMON AREA)
TRACT 7953 (571 MAPS 36);
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY. LS. 5777 · DATE
'- . EXPIATION DATE: 12-31-2000
1996/1015LD2.MJF 95220-2
, ~ ~~, TRACT
10' P.U.E. PER 526 MAPS 3 ~ Kit. ~
TO BE VACATED ~~,~
~ '0CT.17.1996 1~:55PM KI~ & WRIGHT NO.~?8 P.10/15
I
~ -- LEGAL DESCRIPTION
;
EXHIBITA
PARCEL ONE: PORTION OF PRIVATE A¢CE88 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
"TRACT 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 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 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' 02", AN ARC DISTANCE OF 31.59 FEET;
THENCE NORTH 9' 56' 2Z' 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~'
THROUGH A CENTRAL ANGLE OF 32' 16' 0~', AN ARC DISTANCE OF 16190 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
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
FOLLOWING THREE COURSES:
- 1. SOUTH 0° 53' 20" WEST, 270.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT
1996/1016LDl.MJF 95220-2
OCT. 17.19cj6 1E:SSPM KIER & WRIGHT HO.27B
'- 2. SOUTH 89' 06' 40" EAST. 208.:32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; AND
I 3. NORTH 0° 53' 20" EAST, 195.00 FEET;
199611016LDI,MJF 95220-2
0CT.17.1996 1E:55PM KIER & WRIGHT MO.E78 P.1E/15
-- THENCE LEAVING ~ND EASTERLY LOT UNE OF LOT $ SOUTH 89' 06' 40" 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 $ (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 VVITH. MEASURED AT RIGHT ANGLES TO SAID
EAb"~RLY LINE OF SAID LOT 5;
THENCE ALONG SAID PARALLEL LINE SOUTH 0° 53' 20" WEST, 124,07 FEET TO THE SOUTHERLY
LINE OF ~AID 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, LS. 5777 DATE ·
EXPIRATION DATE: 12-31-2000
1996/1016LD1.MJF 95220-2
~_OCT. I?.I~ 12:SE~M KIER & WRIGHT N0.278 P.13~15
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_ PLAT TO ACCOIVlPANY LEGAL DESCRIPTION ~ ,..,o.
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P, A, ETO · PER BE VACATED 571 UAPS 36([lJ~~ .. ~ KI£R.. ~ mm~&'Tm & -..--,-.,. ?--,--?, WRIOHT · ma atari'yom, ~ kkmO'. ,JOe SI~£T -- NO.
0CT.17.1996 1~:56PM KIER & WRIGHT N0.278 P.14/15
'- LEG_AL DESCRIPTION
EXHIBITA
PARCEL ONE: PORTION OF 10' PUBLIC UTILITIES EASEMENT (P.U.E.)
PER 186 MAP,..R :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 374:~ (186-MAPS-S6 &37)" WHICH 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 BOOK 432 OF MAPS, AT PAGE 3, FURTHER DESCRIBED
AS FOLLOWS:
THE WESTERLY 275.46 FEET OF THE NORTHERLY 10.00 FEET OF SAID PARCEL 2 (4~2 MAPS 3).
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
MICHAEL J. FOLEY, L.S. 5777 DATE
EXPIRATION DATE: 12-al-2000
996/1016LD. MJF 95220-2
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.- PLAT TO ACC~PANY LEGAL DESCRIPTION
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