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CC Resolution No. 07-066 RESOLUTION NO. 07-066 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. 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 17th day of April 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Lowenthal, Mahoney None' K wok, Sandoval None ATTEST: APPROVED ~. ~ City~ 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, S87041'55"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 2D18'05"W 30.00 feet; thence leaving said line N42D41'55"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, N87D41'55"W 37.33 feet; thence along the Westerly line of said Lot N38006'20"E 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 31, 2007 .~ E xi st"9 P.L>. E. to be abQodoneol / ...tv \ rvQ ()VJ 0 I Cl \>' / II') ~ ~. ~ ~ I ~ w V- a ,~ n, '\ ,v f '0 1/ ' VJ n;- I ~ '<,y- o IY) rv 'I \J ~ C) Q .~ (()' I~ () , '.;.J ! . "'f I pt-. LJ( be-Sin. o -S' "57:-, ~ 8 "0 '2 "57/ ~ e -6' ~-, ~'" ~ ll.i ~ '::::i ' "- ~ I~ /Ol\rj '0 ~~ . , i: () f\ C\t .... ~ ~ ~ LOT /4 TRAcT No. /3'44 "AIJ etbroo k E sta tes Unit 1" 58 Maps fage 9 Santa clara County Records S 87042 'E 104.37 EXHIBIT B PLA T O~ PUBLIC UTILITY EASEMENT (PU. E.) TO 8E ABANOONED CITY O~ CUPERTINO) CA. ;: E 8. 27, 20 () 7 ScALE: / If -= 20'