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CC Resolution No. 22-119 summarily vacating a portion of a Public Utility Easement on the property located at 10778 Morengo DriveRESOLUTION NO . 22-119 A RESOLUTION OF THE CUPERTINO CITY COUNCIL SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT ON A PROPERTY LOCATED AT 10778 MOREN GO DRIVE (APN 375-35-056) WHEREAS, a 10' -foot wide public utility easement dedicated to public use presently exists on a property located at 10778 Marengo Drive (APN 375-35-056) in the City of Cupertino, as described in Exhibit A and shown in Exhibit B; and 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 service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, subdivision (c) 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authorizes the City Council to summarily vacate a portion of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City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 the public utility easement as presented in the staff report, dated September 20, 2022, submitted to the City Council setting forth the reasons justifying the summary vacation of the public utility easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that: SECTION 1. The City Council hereby adopts the Resolution based upon all other evidence submitted, and makes the following findings : 1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and 2. The easement is determined to be excess, and there are no other public facilities located within the easement. Resolution No. 22-119 Page 2 SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333(a) and 8333(c) of the Streets and Highways Code, the City Council does hereby order that the portion of public utility easement shall be and hereby is summarily vacated. SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibit A and Exhibit B attached hereto. SECTION 4. The portion of public utility easement as described in Exhibit A and shown in Exhibit B 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. BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, "CEQA") because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to summarily vacate a public utility easement would have no or only a de minirnis effect on the environment because no physical changes to the environment are proposed. The foregoing determination is made by the City Council in its independent judgment. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of September, 2022, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Paul, Chao, Moore, Wei, Willey None None None Resolution No. 22-119 Page3 SIGNED: City of Cu ATTEST: Kirsten Squarcia, City Clerk Date Date 10/3/22 EXHIBIT "A" LEGAL DESCRIPTION PORTION OF PUBLIC UTILITY EASEMENT TO BE VACATED CITY OF CUPERTINO, CALIFORNIA (AFFECTING APN: 375-35-056) The following d esc ribes a parc e l of land situate within the City of Cupertino, County of Santa Clara , State of Ca liforni a , being a portion of Lot 132 as sho wn on TRACT 1287 , filed for record on April 27, 1954, in Book 48 of Maps at pages 46-4 7, Santa Clara County Records , more patiicularly described as follows: Commencing at th e southwesterly comer of said Lot 132 , said point being the TRUE POINT OF BEGINNING of thi s de scription; thence easte rly along th e so uthe rl y lin e of sa id Lot 13 2 1) South 87 °37' 19" East I 07.48 feet to the westerly line of a 5 feet wide Public Utility Easement as shown on said TRACT l 287; thenc e no rth easte rl y along said westerly lin e 2) No11h 30°22'37" East 11.33 feet ; thence lea v ing said westerly line along a parallel lin e situated IO feet perpendicular t o sa id southerly line of Lot 132 3) No1ih 87 °37' 19" West 107.96 feet to the easterly line ofMorengo Drive (60' R/W), sa id point also being the westerly lin e of sa id Lot 132 ; thence along said easterly line of Marengo Drive 4) South 28 ° l 0' 10" West 11.11 feet to the TRUE POINT OF BEGINNING Containing 1,077 square feet ofland, more or less . The bearings u se d are based on aforesaid TRACT 1287 , filed for record on April 27, 1954, in Book 48 of Maps at pages 46-47, Santa C lara County R ecords. EXHIBIT "B" is attached hereto and mad e a pa11 h ereof. SURVEYOR'S CERTIFICATE I hereby ce1iify that this description was prepared by m e or under my direct supervision and is accurate to the best of my knowledge and belief. No. 8743 Date Pg. 1 of 1 EASEMENT AREA TO BE VACATED AREA= 1,077 SQ. FT.+/- NOTES ALL DIMENSIONS SHOWN AR E IN FEET AND DEC IMAL S THEREOF LEGEND R/W APN TPOB R1 P.U .E . LU z I :5 VJ LU SUBJECT PROPERY LI NE --EX IST I NG EASEMENT PER R1 (SHOWN IN HATCH ) CENTERLINE PROPERT Y LI NES RIGHT OF WAY ASSESSORS PAR C EL NUMBER TRUE POINT OF BEGINNING TRACT 1287 (48-MAPS-46 & 47) PUBLIC UTILITY EASEMENT P.U .E. TO BE VACATED PER THIS DOCUMENT 0 10 20 40 SCALE 1 "=20 Feet SHEET 1 OF 1 EXHIBIT "B" UKAVVN t:SY : KAIVI UA I t:: Ul:5-UL-LUZL ·I u1 lb IVIUKt:I\J\.JU UK.O W PLAT TO ACCOMPANY LEGAL DESCRJPTION FOR P .U .E . VACATION SA NTA C LARA COUNTY CA LIFORNIA LANDS OF WHORTON TR, I LOT 146{R1) APN: 375-35-006 I I I I ~I ci I ..-/· S I -I 0) ..-i ~I co 0 "'<:I" ~I I'-- 0 ..- I 0 I ...... w I I-I <{ I O zo w -I <{ -I->z<i:: 0 ..- ws~ -0:: s--:-co O Cf) I-LI.! I 0 I CfJ LL :J I-(/) 0 I • . -o:: 0 a. ..... w 0 :J \ ~ ..- C<) ..-..- w 0) ..... ~ C<) 0 I'-- (XJ Cf) er::: 0 > <C V') c:r:::\.O ::> .-I 09 LL I./) 0 n;-> :r: I./) u r--- c:r::: M :::> .. :r: z u~ zo ~z LU -:r: I- I-ffi ::> 0.. ,_J ::> u.. u 0 VJ 0 z :5 M&N CONSUL T ING SERVICES, INC . PROFESSIONAL LAND SURVEY IN G SERV ICES 322 N . 1 8TH ST REE T, SA N JOSE , CA 95 1 12 MANDNC INC@G MA IL COM /(669)222-1 9 11