12. Alderbrook easement vacation
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CITY OF
CUPEIUINO
PUBLIC WORKS DEPARTMENT
SUMMARY
AGENDA ITEM
1.2..
AGENDA DATE April 17, 2007
SUBJECT AND ISSUE
Adopt a Resolution regarding the vacation of a Public Utilities Easement on 10720 J\lderbrook
Lane, APN 369-20-047.
BACKGROUND
The owners of the property at 10720 Alderbrook Lane applied to the City with a request that the
City vacate a public utilities easement (PUE) that currently exists on the property, as shown and
described on the attached exhibits.
Having been notified of the proposed vacation of the PUE, all of the utility companies that might
have had a potential interest in having the PUE remain in place have indicated that there is in fact
no need for the PUE to remain in place for their use. Staff has determined that there is no further
public need for the PUE to remain in place.
On March 20, 2007, the City Council adopted a resolution of intention to vacate the
aforementioned public utilities easement, and the City Clerk posted signs and published notice
declaring that intention, setting tonight's meeting as the time and the Community Hall as the
place of a public hearing to consider that intention, pursuant to the provisions of Section 8320 et
seq. of the California Streets and Highways Code.
FISCAL IMPACT
Adoption of the resolution will have no fiscal impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 07- 611&, vacating a Public
Utilities Easement on 10720 J\lderbrook Lane, APN 369-20-047.
Submitted by:
Approved for submission:
~~u~u air
Director of Public Works
~
DaVl W. Knapp
City Manager
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Printed on Recycled Paper
RESOLUTION NO. 07-066
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING
A PUBLIC UTILITIES EASEMENT ON 10720 ALDERBROOK LANE, APN 369-20-047
WHEREAS, Edward Hoffman and Dolores Sandoval, husband and wife as joint tenants, made
application to the City of Cupertino to vacate a public utilities easement on their property at
10720 Alderbrook Lane 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 20th day of March 2007 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 10720 Alderbrook Lane in
Cupertino, as shown and described on the attached map and description, pursuant to the
provisions of Section 8320 et seq. ofthe 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
17th day of April 2007, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
/1-' J..,
EXHIBIT A
DESCRIPTION OF EXISTING PUBLIC UTILITY EASEMENT
TO BE ABANDONED
CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA
-----------------------------------------------------------------
A portion of that certain Public Utility Easement (P.U.E.) as
shown and delineated within Lot 14 of Tract No. 1344, Alderbrook
Estates Unit 1, which map was filed for record in Book 58 of Maps
Page 9, Santa Clara County, California Records, described as
follows:
Beginning at the Northwesterly corner of said Lot 14 on the
Easterly line of Alderbrook Lane, 60 feet wide; thence along the
Northerly line of said Lot, S87<>41'55"E 50.12 feet; thence along
a line parallel with the Easterly line of said Lot and distant
therefrom 10.00 feet, right angle measure, S 2018r05"W 30.00
feet; thence leaving said line N42041'55"W 28.28 feet; thence
along a line parallel with the Northerly line of said Lot and
distant therefrom 10.00 feet, right angle measure, N8704l'55"W
37.33 feet; thence along the Westerly line of said Lot
N38006'20'IE 12.33 feet to the point of beginning.
Refer to Exhibit B, Plat, which is hereby made a part of this
description.
APN: 369-20-047
Date: February 27, 2007
Prepared by: Edward J.
Expires:
Hahamian, RCE 13318
March 31r 2007
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EXHIBIT B
PLA T O~ PU8LIC UTILITY EASEMENT
(PU. E) TO 8E ABANDONED
CITY OJ: CUPERTINO) cA.
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