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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 A--WLE PARCEL 3 A L364 O.R. 1789 ^\ � S WLE PARCEL 4 �qy 9rF�f',p �,ND 3\ � �L364 O.R. 1789 ,_N rloysesa / WLE 15 l SEE DETAIL "A" y PARCEL 1 ` \ THIS SHEET T�OF CAS�FO� L364 O.R. 1789 \ r 16 THE FORUM AT SEE DETAIL "B" 1 RANCHO SAN ANTONIO / \ THIS SHEET 1<232 O.R. 1393 �� 17 SEE DETAIL "C" MEMORANDUM OF LEASE `�\ THIS SHEET \ PARCEL ONE \ \ \ 1883203 O.R. 18 \\\ \ GRAPHIC SCALE WLE PARCEL 1— \\ NOTE: \ L364 O.R. 1789 \ \\ \\\ SEE SHEET 2 \�\ 100 0 100 \\\FOR LEGEND \ i � \ \\ \ \ 16 s\ 6728 \ \ PARCEL 4 r \ WLE�364 O.R. E789 � �3��ss'F \ L364 O.R. 1789 \ \ f WLE PARCEL 1 �/ �� �� �L364 O.R. 1789 h TERMINUS POC POB 17 \ 4') \ \\B s 61? \ \\M PARCEL 1) \ 17 S 56°30'00" Y� / POB J F U�v^ 18.50' \TERMINUSro PORTION OF LFH PARCEL 4 \ \ WM PARCEL 1 28o �89 TO BE VACATED \ \ TO BE VACATED ? , � \ WLE PARCEL 1 \\ \ DETAIL "B" °0 DETAIL "C" \\ L364 O.R. 1789 \ NOT TO SCALE NOT TO SCALE \ 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 GRAPHIC SCALE TERMINUS I // I THE FORUM AT II 39 100 0 100 �- RANCHO BAN ANTONIO K232 O.R. 1393 II�/ WLE PARCEL 21 SEE DETAIL "D" \\\\ L364 O.R. 1789 �� \\ THIS SHEET WLE \\ 40 \ PARCEL 1 \\ MEMORANDUM \ L364 O.R. 1789 \1 \� ' LEASE \\ \ CATHOLIC 50REIGINCEL ONE \\ \ MISSION SOCIETY 203 O.R. �\ >\ OF� AMERICA \ 41478 O.R. 11 PA L364 O.R. 1789 \ ^ WLE \� PARCEL 1 \\\ \\\ / f \L364 O.R. 1789 \ WLE PARCEL 8 \>\! fff \ L364 O.R. 1789 SEE DETAIL 'E"\�\ 43 -\THIS SHEET--y/ / WATER TANK EE >X / \ WLE \ j�\i// 42 L364 O.R. 1789/j h\\\ f f PARCE\ \L364 O.R. 1789 / TERMINUS I I \ 1 \ \ 43 LEGEND: EE ELECTRIC LINE EASEMENT I M I \ WLE PARCEL 1 FH FIRE HYDRANT PARCEL # 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 O.R. 1789 LINE NUMBER 39 I -�J t` `L�� PARCEL TO r C' BE VACATED os3r y \ WLE PARCEL 1 AFL I I L364 O.R. 1789 9o9 0'o \ CITY OF CUPERTINO --�5' I.� �o� SANTA CLARA COUNTY 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