CC Resolution No. 19-142 Declaring Intention to Order Vacation of Portions of Public Utility Easement for Water Line Purposes Located on 23500 Cristo Rey Drive as Provided in Section 8320 Et Seq. of Streets Highway Code RESOLUTION NO. 19-142
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING ITS INTENTION TO ORDER VACATION OF PORTIONS OF
A PUBLIC UTILITY EASEMENT FOR WATER LINE 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, FIXING TIME AND PLACE FOR PUBLIC HEARING, AND
PROVIDING FOR NOTICE THEREOF
WHEREAS, portions of a public utility easement for water line purposes
(hereinafter the "Easement") located on 23500 Cristo Rey Drive, more particularly
described and attached herewith as Exhibit "A", is to be vacated, and
WHEREAS, that certain plat entitled "Plat to Accompany Vacation
Description", attached herewith as Exhibit "B", shows the Easement that the City
Council intends to vacate; and
WHEREAS, the City Council elects to proceed pursuant to the provisions
of Section 8320 et seq. of the Streets and Highways Code of the State of California;
and
WHEREAS, a new public utility easement for water line purposes was
dedicated per Document No. 24327719, recorded on November 8, 2019,
superseding the existing Easement; and
WHEREAS, it is deemed to be in the public interests that the City Council
elects to proceed to order said vacation; and
WHEREAS, on April 17, 2018 the City Council certified an Environmental
Impact Report (hereinafter the "EIR") for Development Permit DP-2017-01, to
allow construction of the Forum Project; and
WHEREAS, the vacation of the Easement will facilitate construction of the
Forum Project and constitutes a minor modification to the Project, and based on
substantial evidence in the record, no subsequent environmental review is
required because there are no substantial changes in the Project or the
circumstances under which the Project is to be undertaken that would result in
new or substantially more severe environmental impacts requiring major revisions
to the Final EIR, and there is no new information that involves new significant
Resolution No. 19-142
Page 2
environmental effects or a substantial increase in the severity of previously
identified environmental effects that would require preparation of a subsequent
or supplemental EIR pursuant to Public Resources Code Section 21166 and CEQA
Guidelines Sections 15162 and 15163.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
declare:
1. Its intention to vacate the aforesaid Easement,
2. The 21st day of January, 2020, at 6:45 p.m., in the Community Hall, 10350
Torre Avenue, Cupertino, California, is the time and place fixed for hearing
on the above proposed vacation;
3. The aforesaid date is not less than 15 days from passage of this resolution
pursuant to law;
4. 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 2
weeks 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 17" day of December, 2019,by the following vote:
Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
C5A.D. G
Grace Schmidt, City Clerk Date
November 19,2019
BKF Job No.: 20165092-50
��■� EXHIBIT"A"
EASEMENT DESCRIPTION FOR:
BKF
PORTION OF PUBLIC UTILITY EASEMENT
PER L364 O.R. 1789 TO BE VACATED
All that certain real property in the City of Cupertino, Count of Santa Clara State of j
ENGINEERS p• p Y Y P � Y ,
SURVEYORS California,and described as follows:
PLANNERS BEING a portion of the public utility easement parcels as said parcels are described in
Exhibit B in the document entitled"Grant of Easement for Public Utilities"recorded May
23, 1990, in Book L364 at Page 1789 (L364 O.R. 1789), Instrument Number 10533461,
Santa Clara County Official Records, said portion being more particularly described as
follows:
WATER METER PARCEL 1:
A 5.00 feet wide easement for water meter purposes lying 2.50 feet on each side of the
following described line:
Commencing at a point lying on that certain line numbered seventeen (17) and being
distant thereon South 61°28'45"East 3.33 feet from the terminus of course sixteen(16)as
said courses are described in Parcel 1, 10 foot wide water line easement, as said parcel is
described in said document(1,364 O.R. 1789);
Thence perpendicular to said course seventeen (17), South 2891'15" West 17.43 feet to
the Point of Beginning;
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Thence continuing along course seventeen(17), South 28°31'15"West 2.00 feet.
FIRE HYDRANT PARCEL 4:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
Beginning at the terminus of that certain line numbered fifteen (15) as said course is
described in the aforementioned Parcel 1, 10 foot wide water line easement;
Thence South 56°30'00"West 18.50 feet.
FIRE HYDRANT PARCEL 5:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
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November 19,2019
BKF Job No.:20165092-50
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Beginning at a point lying on that certain line numbered seventeen(17) and being distant
thereon South 61°28'45" East 137.35 feet from the tenninus of course sixteen(16)as said
courses arc described in the aforementioned Parcel 1, 10 foot wide water line easement;
Thence perpendicular to said course seventeen(17),South 2891'15"West 22.74 feet.
FIRE HYDRANT PARCEL 11:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line
Beginning at a point lying on that certain line numbered thirty-nine(39) and being distant
thereon South 09113'39" West 59.11 feet from the tenninus of course thirty-eight(38) as
said courses are described in the aforementioned Parcel 1, 10 foot wide water line
easement;
Thence perpendicular to said coursethirty-nine n South 80°46'21"East 22.88 feet.
ty-nine(39),
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FIRE HYDRANT PARCEL 13:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
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following described line:
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Beginning at a point lying on that certain line numbered forty-three(43)and being distant
thereon North 41040'00" West 41.77 feet from the terminus of course forty-two (42) as
said courses are described in the aforementioned Parcel 1, 10 foot wide water line
easement; i
Thence perpendicular to said course forty-three(43), South 48°20'00"West 25.00 feet.
A plat showing the above described easements is attached hereto and made a part hereof
as Exhibit"B".
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This dese ' ra_w..a re pared from record information for BKF Engineers.
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a SUITE 400 VACATION DESCR I PT I ON
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WLE PARCEL 1 O.R. OFFECHYADRRECORDSCEL #
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N L364 O.R. 1789 \ \ PARCEL #
POB I L TO BE VACATED \ \ \ POB WM WATER METER PARCEL #
WLE PARCEL 1 PER L364
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PARCEL TO
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DETAIL "D" DETAIL "E"
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1646 NORTH CALIFORNIA BLVD. SUbJ*eCt PLAT TO ACCOMPANY
SUITE 400 VACATION DESCRIPTION
jJi y WALNUT CREEK, CA 94596 Job No. 20165092-50
BRF�:J l 925-940-2200 By MLH Date 11 19 19 Chkd.BTW
ENGINEERS I SURVEyGR3 I PLANNERS 925-940-2299 (FAX)
SHEET 2 OF 2