CC Resolution No. 20-003 Vacating 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 RESOLUTION NO. 20-003
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
VACATING 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
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 to be vacated;
and
WHEREAS, the City Council did, on the 1Th day of December, 2019, adopt
Resolution No. 19-142 of intention to vacate the Easement, and the City Clerk has
published notice and posted signs declaring said intention, and the date, time, and
place of a public hearing to consider said intention, 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, pursuant to Section 8324 of the Streets and Highways Code of
the State of California, the City Council finds, from all the evidence submitted,that
the Easement in the notice of hearing is unnecessary for present or prospective
purposes after conditions have been satisfied; 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
Resolution No. 20-003
Page 2
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
environmental effects or a substantial increase in the severity of previously
identified environmental effects that would require preparation of a subsequent
a
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
authorize the City Clerk, upon notification from the Director of Public Works that
the Applicant has met all precedent conditions, to record the executed original
Resolution in the Office of the Recorder of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of January, 2020, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: None
ABSENT: Willey
ABSTAIN: None
SIGNE
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
( -2 /
1 i sten Squarcia, CWy Clerk Date
November 19, 2019
BKF Job No.: 20165092-50
EXHIBIT f°A"
EASEMENT DESCRIPTION FOR:
BKF
PORTION OF PUBLIC UTILITY EASEMENT
PER L364 O.R.1789 TO BE VACATED
ENGINEERS All that certain real property in the City of Cupertino, County of Santa Clara, State of
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 PARCE
L 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 28"31'15" West 17.43 feet to
the Point of Beginning;
Thence continuing along course seventeen(17), South 2891'15"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:
Page 1 of 2
November 19,2019
BKF Job No.: 20165092-50
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 terminus of course sixteen(16) as said
courses are described in the aforementioned Parcel 1, 10 foot wide water line easement;
Thence perpendicular to said course seventeen(17),South 28'31'15"West 22.74 feet.
TIRE 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 09°13'39" West 59.11 feet from the tennimrs 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 course thirty-nine(39), South 80°46'21" East 22.88 feet.
TIRE HYDRANT PARCEL 13:
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 forty-three(43)and being distant
thereon North 41°40'00" 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;
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".
This desc 'ptian_tiva rES
ord information for BKF Engineers.
�O�ND St,
By: I
Davis Thresh,P.L.S No. 6868 U oAvts p
THRESH
Dated: 0 * No.6868 \Q
9TFCF C �C
K:\2016\165092_Forum_Cupertino\DOCS\08-Survey\[-Plats_and_Lega]_Dcsc\FO-QC-wLE-DESC.doc
Page 2 of 2
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DETAIL "A" 16 \ CITY OF CUPERTINO
NOT TO SCALE \ SANTA CLARA COUNTY EXHIBIT "B" \
1646 NORTH CALIFORNIA BLVD. Subject PLAT TO ACCOMPANY
SUITE 400 VACATION DESCR I PT I ON
1 ]?, � WALNUT CREEK, CA 94596 Job No. 20165092-50
BRF 925-940-2200
By MLH Date 11 19 19 Chkd.BTW
ENGINEERS I SURVEYORS/PLANNERS 925-940-2299 (FAX)
SHEET 1 OF 2
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L364 O.R. 1789 O.R. OFFICIAL RECORDS\ POB POINT OF BEGINNING
o I FH PARCEL 11 \ \ WLE WATER LINE EASEMENT
I w 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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39 I -�J t` `L�� PARCEL TO
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I I I DETAIL "D" DETAIL "E"
I NOT TO SCALE NOT TO SCALE EXHIBIT „B„
1646 NORTH CALIFORNIA BLVD. Subject PLAT TO ACCOMPANY
i � SUITE 400 VACATION DESCRIPTION
B RF WALNUT CREEK, CA 94596 Job No. 20165092-50
� 2v e 925-940-2200 By MLH Date 11 19 19 Chkd.BTW
ENGINEERS I SURVEYORS I PLANNERS 925-940-2299 (FAX) SHEET 2 OF 2