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E-803 Vacating a Portion of a 20' Public Utility Easement within a Private Property, 10097 S. BlaneyRECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27281 DOCUMENT: 22793743 IIIIIIIIIIIII'Illlllllllllllllilll REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of County Agency Pages: 8 Fees.... No Fees Taxes... Copies.. AMT PAID RDE # 024 12/08/2014 1:05 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Vacating a Portion of a 20' Public Utility Easement within a private property 10097 S, Blaney Avenue, Cupertino, CA 95014 APN 369-03-008 Original 0 For Fast Endorsement IF RESOLUTION NO. 14 -214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUMMARILY VACATING A PORTION OF A 20' PUBLIC UTILITY EASEMENT WITHIN A PRIVATE PROPERTY LOCATED AT 10097 S. BLANEY AVENUE, APN 369-03-008 WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public utility easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate a portion of a 20' Public Utility Easement (hereinafter the "Easement") constituting all that real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described in the legal description and plat map attached hereto and made part hereof as Exhibits "A" and "B"; and WHEREAS, attached to this Resolution as Exhibit "C" is a copy of the staff report, dated November 18, 2014, that the Director of the Department of Public Works submitted to the City Council setting forth the reasons justifying the summary vacation of the Easement (hereinafter "Report"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino: SECTION 1. The City Council hereby adopts the Report and, based upon the Report and all other evidence submitted, makes the following findings: 1. The easement has been superseded by relocation; and 2. The easement has been determined to be in excess by the City; and 3. There are no other public facilities located within the easement. SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the Easement shall be and hereby summarily vacated. SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibits "A", "B", and "C" hereto. SECTION 4. The portion of the Easement will no longer constitute a Public Utility Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of November, 2014, by the following vote: Vote Members of the City Council AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor I` li. ENGINEERS I SURVEYORSO PLANNERS B K F EXHIBIT "A" Legal Description Portion of PUBLIC UTILITIES EASEMENT TO BE VACATED LAKE BILTMORE APARTMENTS February 20, 2014 BKF No. 20117101 Page i of 1 Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of the land described in that certain Grant Deed, conveyed to LAKE BILTMORE APARTMENTS, a limited partnership, recorded May 2, 1983 in Book H521 at Page 169, Official Records of Santa Clara County, described as follows: Being also a portion of Parcel 1, as shown on that certain Parcel Map, filed for record on April 20, 1971 in Book 282 of Maps at Page 12, Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said Parcel 1, said corner being also a point on the westerly line of Blaney Avenue, as said line is shown on that certain Record of Survey, filed for record on September 10, 1968 in Book 242 of Maps at Page 19, Records of said County; Thence leaving said corner and along the northerly line of said Parcel 1, South 89054'00" West, 230.50 feet; Thence leaving said northerly line, South, 35.00 feet to a point on the northerly line of that certain 20 foot wide Public Utilities Easement, as shown on said Parcel Map (282 Maps 12), said point being also the TRUE POINT OF BEGINNING of this description; Thence leaving said Point and along said northerly line of said Easement, North 89°54'00" East, 230.50 feet to said westerly line of Blaney Avenue; Thence along said westerly line of Blaney Avenue, South, 20.00 feet to the southerly line of said Easement, as shown on said Parcel Map (282 Maps 12); Thence leaving said westerly line of Blaney Avenue and along said southerly line of said Easement, South 8954'00" West, 230.50 feet; Thence leaving said southerly line of said Easement, North, 20.00 feet to the TRUE POINT OF BEGINNING of this description; Containing an area of 4,610 square feet, more or less. Being also a portion of Assessor's Parcel Number 369-03-008 per Roll Year 2013-2014. As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof. For: BKF EngineersJOH I� / By�� �~' v KO OYAN o� 'r-68- Zi% 2 �! John Koroyan, P.L. . No. 8883 Dated No. 8883 0 40 80 160 — — — — — — — STEVENS CREEK BOULEVARD (SCALE IN FMT) (FORMERLY STEVENS CREEK ROAD) LINE TABLE LINE BEARING LENGTH L1 SOUTH 35.00' L2 SOUTH 20.00' L3 NORTH 20.00' CHEUK L/vm 711 W PCLS OAE d 7WO DOC, /800671;1? APN 369-W-005 PREG BILTMORE DOC. 22278606 APN 369-03-009 POINT OF S89 54'00"W 230.50' TRUE POINT OF BEGINNING N8954'00"E 230.50' 1:20' P.U.E. 282 M 12 LAKE BILTMORE APARTMENTS H521 O.R. 169 APN 369-03-008 P.U.E. - DENOTES "PUBLIC U77U7IES EASEMENT" K:\Surl1\117101\DWG\PLATS\PUE Vacation Plat.dwg 1650 TECHNOLOGY DRIVE SUITE 650 SAN JOSE, CA 95110 408-467-9100 408-467-9199 (FAX) POR110N OF RUE. ' PER 282 M 12 TO �5�0 IAHp s BE VACATED 4.610 S F..+ JOHN KOROYAN No. 8883 PARCEL J 282M12 EXHI BI T "B" PLAT TO ACCOIWANY LEGAL DESCRIPTION Subject P.U.E. VACATION PLAT LAKE BILTMORE APARTMENTS Job No. 20117101 CUPERTINO, CALIF. By MDB Date 02-20-14 Chkd. JVK SHEET 1 OF 1 CUPERTINO PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 18, 2014 EXHIBIT C Subject Summary Vacation of a Portion of the Public Utility Easement located at 10097 S. Blaney Avenue. Recommended Action Adopt Resolution No. '14- summarily vacating a portion of the Public Utility Easement within a private property located at 10097 S. Blaney Avenue. Background Prometheus Real Estate Group, submitted an application on behalf, of the property owner, Lake Biltmore Apartments, LP, a California limited partnership, to vacate a portion of a twenty -foot -wide Public Utility Easement (PUE) within a private property located at 10097 S. Blaney Avenue. The PUE was created with a certain Parcel Map, filed for record on April 20, 1971, in Book 282 of Maps at Page 12, Santa Clara County Records. On September 18, 2014, the City Council approved a Development Permit, DP -2011-05, to allow for the construction of an apartment building on the Lake Biltmore Apartments property located at 10097 S. Blaney Avenue. The PUE vacation is necessary to accommodate the building's placement, which is located over the easement. Staff has determined the PUE is not needed for public purposes. All concerned utility companies have been contacted in writing and have no objection to the proposed vacation. Cal Water is the, only utility company with existing facilities within the easement. These facilities have already been abandoned in-place and new facilities have been constructed on a new easement located on the adjacent Biltmore Adjacency property and granted by the property owner, Preg Biltmore, LP. The PUE may be summarily vacated per the Streets and Highway Code, Section 8333(a). Adoption of this resolution will allow the City to summarily vacate a portion of the existing PUE on the subject property. Upon recordation of this vacation, the portion of the subject easement will be removed from the property and no further action by the City will be required. . r r Fiscal Impact The City does not currently use this PUE, nor is it likely to do so in the future. Therefore, there will be no fiscal impact incurred by approving this summary vacation. Prepared b3L. Erwin Ching, Associate Civil Engineer Reviewed by- Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A- Draft Resolution 14 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated, June 18, 2014 from 10097 S, Blaney Avenue, Cupertino, CA 95014 to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: November 24, 2014 By: 6,11-" /., A Andrea S d s Senior Office Assistant