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E-872 Vacation of Storm Drain Easement, 22499 and 22449 Cupertino Rd APN 326-15-130, 326-15-133, and 326-15-123 24405249 RECORDING REQUESTED BY: Regina A 1 comendras Santa Clara County - Clerk-Recorder City of Cupertino 02/14/2020 10:54 AM Titles: 1 Pages: 5 Fees: 0.00 WHEN RECORDED, MAIL TO: Taxes: 10.00 Total: $0.00 City Clerks Office mill MipA'C 01 MI,44411, , 11111 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 VACATION OF STORM DRAIN EASEMENT 22499 and 22449 Cupertino Road APN 326-15-130, 326-15-133 & 326-15-123 0 Original 71 Conformed Copy RESOLUTION NO. 18-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAINAGE AND INCIDENTAL PURPOSES AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS,an Easement for Storm Drainage and Incidental Purposes at 22445 and 22449 Cupertino Road and more particularly described in legal description and map attached hereto and made part hereof as Exhibits "A" and "B", is to be vacated; and WHEREAS, the City Council did, on the 3,d of April 2018, adopt a resolution of intention to vacate the aforementioned easement,and the City Clerk has posted signs and published notice 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 California Streets and Highways Code; and WHEREAS, a new Drainage Easement is proposed to be granted to supersede the existing Easement for Storm Drainage and Incidental Purposes; and WHEREAS,pursuant to Section 8324 of the California Streets and Highways Code, the City Council finds,from all the evidence submitted, that the public drainage easement described 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. j �j NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby vacates the aforesaid Easement for Storm Drainage and Incidental Purposes, as shown and described on the attached map and description, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby authorized,upon notification from the Director or Public Works, that the new Drainage Easement has been prepared, approved and is ready for recordation, to record the executed original Resolution in the Office of the Recorder of the County of Santa Clara. 1 I Resolution No.18-043 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15t day of May, 2018, by the following vote: Vote: Members of the City Council AYES: Paul, Sinks, Chang, Scharf,Vaidhyanathan NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 6�9' Grace Schmidt, City Clerk Darcy Paul, N ayor, City of Cupertino i X i' I r r 1 EXHIBIT 'A' CITY OF CUPERTINO EXISTING DRAINAGE EASEMENT TO BE VACATED (LEGAL DESCRIPTION) AN EASEMENT FOR STORM DRAINAGE PURPOSES OVER A STRIP OF LAND 10.00 FEET IN WIDTH, TOGETHER WITH AN EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 5.00 FEET IN WIDTH, LYING IMMEDIATELY ADJACENT TO THE EASTERLY BOUNDARY OF THE STORM DRAINAGE EASEMENT, THE WESTERLY LINE OF WHICH 10.00 FOOT EASEMENT IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF SAN JOSE-STEVENS CREEK ROAD, DISTANT THEREON SOUTH 89° 53' EAST 285.39 FEET FROM AN IRON PIPE IN A MONUMENT BOX AT THE INTERSECTION THEREOF WITH THE ORIGINAL CENTERLINE OF MOUNTAIN VIEW-STEVENS CREEK ROAD, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM WESTERN TITLE GUARANTY COMPANY, SANTA CLARA COUNTY DIVISION, A CORPORATION, TO SOLHEIM LUTHERAN HOME,A CORPORATION, DATED MARCH 21, 1958, RECORDED APRIL 17, 1958 IN BOOK 4054 OFFICIAL RECORDS, PAGE 497, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING NORTH 5°02'WEST ALONG THE WESTERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 30.12 FEET TO AN IRON PIPE AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED.,THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 5°02'WEST CONTINUING ALONG SAID WESTERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 564.21 FEET TO AN IRON PIPE SET AT THE SOUTHWESTERLY CORNER OF LOT 4,AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 2527 LA CRESTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 121 OF MAPS,AT PAGE 17 AND THE TERMINUS OF SAID EASEMENT. EXHIBIT 'B' CITY OF CUPERTINO EXISTING DRAINAGE EASEMENT TO BE VACATED P.M. BK. 225, PG. 8 ��I III I o l I I i �i II W i I III EXISTING DRAINAGE EASEMENT Q Icn , (BK. 6041, PG. 596, w ,w RECORDED MAY 28, 1863) > III TO BE VACATED OIF-i , II co u' I I I ~O IjIPARCEL A PARCEL B I z 3.033±AC. I I 5.953±AC. O Q P.M. BK. 414, II ^ P.M. BK. 414, LL I�-I PG. 22 I \� PG. 22 �:D' II I I Lij z I�I j II I Y I j I II ,O,i I I I I EXISTING DRAINAGE EASEMENT II (BK. 6041, PG. 596, RECORDED MAY 28, 1863) - I I TO BE VACATED II ; SUNNY VIEW I LUTHERAN HOME II — II — _ CUPERTINO ROAD - (FORMERLY STEVENS CREEK ROAD) c+j LEGEND ---------- PROPERTY BOUNDARY LINE ------ CENTERLINE GRAPHIC SCALE INDETERMINATE BOUNDARY LINE 100 0 100 200 ------------ EASEMENT LINE M.B. MAP BOOK ( IN FEET ) PL PROPERTY LINE 1" = 100' CL CENTER LINE