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E-709 VACATION OF INGRESS/EGRESS PUBLIC UTILITY EASEMENT, RETAINING EASEMENT AS PUBLIC UTILITY EASEMENT, BECKER LN RESOLUTION NO. 00-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER:VACATION OF AN INGRESS &EGRESS EASEMENT WITHIN THE CITY OF CUPERTINO,RETAINING SAID EASEMENT AS A PUBLIC UTILITY EASEMENT, PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OIL CALIFORNIA,FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; BECKER LANE WHEREAS, that certain Ingress & Egress Easement more particularly described in description and map attached hereto and made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and prospective use; and WHEREAS, the City Council elects to proceed,pursuant to the provisions of Section 50430 et seq. of the Government Code of the State of California; 'and WHEREAS, it is necessary to retain said easement as a public utility easement; and WHEREAS, it is in the public interests that the City Council initiates the vacation of said ingress & egress easement; NOW, THEREFORE, BE IT RESOLVED that-i.he City Council hereby declares its intention to vacate the aforesaid ingress&egress easement,but retaining the public utility easement. BE IT FURTHER RESOLVED: 1. That the 22nd day of February, 2000, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torre 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 18th day of January, 2000,by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Stafaon NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF RIGHTS OF INGRESS AND EGRESS OVER BECKER LANE ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290, SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK 569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5, 6, AND 7, SANTA CLARA COUNTY RECORDS; THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST LINE OF LOT 2 OF SAID TRACT NO. 8980; THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280; THENCE NORTH 59"55'18" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING. 9H:297151-6,WPD SHEET 1 OF 2 '£ CHATEAU W£ST 10' P.G.&~ ¢~ o.R. 580 ~. 00' c~Y o¢ cu~_~mo LOT 5 LOT 4 .5' PSE PRIVATE ROAD, EVY~E. P.U.F~ S.S~ AND P~.F_ LOT 2 S 89'45'47' I¢ 207.,77' LOT ~ QU J-lO RANCHO LOT 12 S 89'45'47" Yt 16&47' PUBLIC RIGHTS OF INGRESS EGRESS OVER DECKER LANE PER 4116 O.R. 290 TO BE ABANDONED BY THIS DOCUMENT (P,U.E. TO BE RETAINED) 10' SSE & SDE OR 447 N 89'44'40' E 144.02' 0 '--'~- -".LOT J ", '- EXHIBIT E OA[E, z-~-.~ ABAD, DONIvENT SHan'T ANDI$ HUMBER JONES--[~"AwN~CALE'" 1''443' ~ E~ F_.A,~AMENT ~, BE~ ~ 2 297151 Cuoerh~o Col/forn[o o? 2 s~ PROOF OF PUBLICATION PROOF OF PUBLICATION Filing.Stamp (2015.5 C.C.P.) State of California County of Santa Clara am a citizen of the United States and a resident of the County aforesaid: I am j over the age of 18 years, and not party to or interested in the above entitled matter. a-m the principal clerk of the printer of the: The Cupertino Courier, 20465 Silverado Ave., Cupertino California, 9501.4 a newspaper of i general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the ' Superior Court of the County of Santa i Clara, State of California, Case Number CV1oo637 that the notice of which the i annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue i of said Newspaper and not in any supplement thereof on the following ' dates, to wit: U. In the year 200 I certify (or declare) under penalty of i perjury that the foregoing is. true and correct. r Dated: Wwul at San Jose, California i Kathy Wrightson RESOLUTION NO. 00-071 A RESOLUTION OF THE CITY COUNfCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF AN INGRESS AND EGRESS EASEMENT PURSUANT TO SECTION 50430 ET �SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, M.TAINING AS A PUBLIC UTILITY EASEMENT, BECKER LANE WHEREAS, hearing on Resolution of Intention No. 00-038 was held February 22, 2000, 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 in the best interest of the city to vacate said ingress and egress easement, but it is necessary to retain a public utility easement. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said ingress and egress easement hereby are overruled and denied. 2. That the portion of Becker Lane described and shown in Exhibits "A" and `B" attached hereto and made part hereof, be and hereby is vacated, but is retained as a public utility easement. BE IT FURTHER RESOLVED that the City Clerk is hereby 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 22nd day of February, 2000, by the following vote: Vote Members of the C Council AYES: Burnett, Chang, James, Statton NOES: None ABSENT: Lowenthal ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino LEGAL DESCRIPTION FOR ABANDONMENT OF RIGHTS OF INGRESS AND EGRESS OVER BECKER LANE ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING THAT PORTION OF BECKER LANE, AS DESCRIBED IN BOOK 4116 OF OFFICIAL RECORDS, AT PAGE 290, SANTA CLARA COUNTY RECORDS, AND SHOWN ON PARCEL MAP FILED IN BOOK 569 OF MAPS, AT PAGES 41 AND 42, SANTA CLARA COUNTY RECORDS, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 12, AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 8980, AS FILED IN BOOK 694 OF MAPS, AT PAGES 4, 5, 6, AND 7, SANTA CLARA COUNTY RECORDS; THENCE NORTH 00°17'22" WEST ALONG THE EAST LINE OF SAID LOT 12, AND THE EAST LINE OF LOTS 4 AND 11 OF SAID TRACT NO. 8980, A DISTANCE OF 283.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89°23'16" EAST A DISTANCE OF 30.00 FEET TO A POINT IN THE WEST LINE OF LOT 2 OF SAID TRACT NO. 8980; THENCE SOUTH 00°17'22" EAST ALONG THE WEST LINE OF LOTS 2 AND 3 OF SAID TRACT NO. 8980, AND THE WEST LINE OF PARCEL 2, AS SHOWN IN THE AFOREMENTIONED PARCEL MAP, A DISTANCE OF 301.29 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280; THENCE NORTH 59°55'18'' WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 280 A DISTANCE OF 34.77 FEET TO THE POINT OF BEGINNING. SHEET 1 OF 2 LANDS OF I0' P.O.&~ £ASEMEN (~4~ o.~. ~) 50. 00' LOT 5 LOT 4 LOT 2 S 89'45'47" W 20Z37' 5' PSE PRIVATE ROAD, E.V.A.E, P.U.E., S.S.E. AND P.S.E LOT 5 QU J-.F O FiAN CH r.O LOT 12 S 89'45'47" W 168.47' PUBLIC RIGHTS OF INGRESS & EGRESS OVER BECKER LANE PER 4116 O.R. 290 TO BE ABANDONED BY THIS DOCUMENT (P.U.E. TO BE RETAINED) ?A?~C£L 2 559 JVIAP-~ 4J & 42, 10' SSE ,~ SDE OR 447 N 89'44'40' E 144.02' '-~'~ -'~'-.. LOT ,3 ~ "'--."- EXHIBIT B O~IE, ~-s-~. ABAI',[)ONk~-NT OF S.~ET ~',L~, "='~' AND EGRESS EASEMENT 2 ~'~o~D ~, BECKER LANE 297151 Cdh~orn[o 2 SHIrrs 2S7151