CC Resolution No. 08-161 Vacating a public utilities easement at 21988 McClellan Rd APN 356-08-054RESOLUTION NO. 08-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING
A PUBLIC UTILITIES EASEMENT ON 21988 MCCLELLAN ROAD, APN 356-08-054
WHEREAS, Yong Jian Wang and Zuhong Qu, husband and wife, made application to the
City of Cupertino to vacate a public utilities easement on their property at 21988 McClellan
Road in Cupertino, as shown and described on the attached map and description, both of which
are made a part hereof; and
WHEREAS, the Director of Public Works has determined that there are no public
facilities within said public utilities easement and that there will otherwise be no further public
need for said public utilities easement; and
WHEREAS, the City Council did, on the ..rd day of November 2008, adopt a resolution
of intention to vacate the aforementioned public utilities 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, pursuant to Section 8324 of the California Streets and Highways Code, the
City Council finds, from the all the evidence :submitted, that the public utilities easement
described in the notice of hearing is unnecessary for present or prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby vacates the portion of public utilities easement on the land at 21988 McClellan Road in
Cupertino, as shown and described on the att~iched 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 to record the executed original Resolution in
the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no
longer be a public utilities easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2"d day of December 2008, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Sandoval, Mahoney, Santoro, Wang, Wong
None
None
None
City Clerk ~~
APPROVED:
~ ~ ~ ~
~ ~i ,~
yor, City of C~pei`tino
Vacating a portion of public utility easement
All that land situated in the City of Cupertino, (;ounty of Santa Clara, State of California
more particularly described as follows:
Beginning at he Northwest corner of Parcel 1 a;~ shown on the Parcel Map recorded in
Book 812 of Maps at Pages 36 and 37, Santa Clara County Records; thence along the
Northerly boundary of said Parcel 1 North 89 Degrees 59 Minutes 35 Seconds East a
length of 17.92 feet to the true point of beginni~ig; thence continuing along said Northerly
line North 89 Degrees 59 Minutes 35 Seconds Fast a length of 0.78 feet to the Easterly
limit of the existing Public Utility Easement; thence along said limit South a length of
22.44 feet; thence 22.09 feet along a tangent curve to the right, said curve having a radius
of 20.00 feet and delta 63 De ' ` ' ` ` ~ ° - - --'" `'-•ence leaving said Easterly
limit of the easement North ` _ is West a length of 21.89
feet• thence North 29 Degree ~~ O~~_ ~~{!` length 21.06 feet to the true
point of beginning.
Containing 293 square feet n ~ ~ ,~,.QS ~ -
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No. 7918
~ Exp. 12-31-09 ~
cP9T~ OF CA\-\F~~\Q-
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FD. STD. CITY
MONUMENT
30..
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OWN
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CURVE TABLE
CURVE LENGI-H RADIUS DELTA
C1 il.l~~ 20.00 31.52'55'
C2 4.19 15.00 16.00'38'-
C3 22.05 20.00 63°16'50'
C4 22.40 20.00 64.11'30'
C5 18.5£1 285.00 3'44'10'
LINE TABLE
LINE BE=ARING LENGTH
L7 S 89"59'35"E 0.78'
L2 SOUTH 22.44'
L3 N 00'00'25"W 21.89'
l4 N 29'03'16"E 21.06"
1"
A POF2TION OF EXISTING PUBLIC
UTILITY EASEMENT TO BE VACATED (293 S. F.)
589'59'35"W 182.95'
S89'S9 35 W 164.25
L1
EXISTING LIMIT OF PUBLIC
_UTILI~Y EASEMENT
1
c4 1 1~13324ssq_f ft.gnets
N 0'00'25°W J I - -_~~_________ N89_45_59 ZT 0.02_____
23.96' ~
N 4.76'
I ~ I N ~
lA ~
CV ~ 2
c:~ 3
~ "11,608 sq. ft. gross
w o 11, 319 sq. ft. net
NI o s.oo'
0
°o 0.00 195.25'
Q -N (EAST') 2) S89'45 50 W 200.25
O
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40'
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No. 7918 *,
L[~ I o _r
Q I rn ~ Exp. 12-31-09
FD. STD. CITY MONUMENT ~
G ~ s9~F OF CA\-\F~~~~
A PLAT TO ACCOMPAf~Y A DESCRIPTION
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