19. Vacation PUE 10337 Phil LaneCUPERTlNO
PUBLIC WORKS DEPARTMENT
SUMMARY
AGENDA ITEM
AGENDA DATE June 17, 2008
SUBJECT AND ISSUE
Adopt a Resolution regarding the vacation of a Public Utilities Easement on 1933? Phil Lane,
APN 375-OS-027.
BACKGROUND
The owners of the property at 19337 Phil 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 April 15, 2008, 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. 08- b 8~', vacating a Public
Utilities Easement on 19337 Phil Lane, APN 375-OS-027.
Submitted by:
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Ralph A. Qualls, Jr.
Director of Public Works .
Approved for submission:
David W. app
City Manager
19-1
DRAFT
RESOLUTION N0.08-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING
A PUBLIC UTILITIES EASEMENT ON 19337 PHIL LANE, APN 375-OS-027
WHEREAS, Rwei-Cheng Lo and Hsiao-Ying Hsiung, husband and wife, made
application to the City of Cupertino to vacate a public utilities easement on their property at
19337 Phil 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 15th day of April 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 Stree#s 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 19337 Phil 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 Coun#y 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 June 2008, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
19-2
. EXHIBIT '~A"
DESCRIPTION OF A PUBLIC' UTIIITIES EASEMENT
A'five (5.00} foot wide strip of land over and across the
southerly portion of Lat 25 of Tract No. 1343, CASA DEL SOL No.
2, a map of which was recorded on February 15, 1955 in Hook 54
of Maps at•pages 42 and 43, in the Office of the Recorder of the
County bf Santa Clara, State of California. Situated within the
City Li~oaits of Cupertino, County of Santa Clara, State of
California, and more particularly described as follows: .
Beginning at the southwesterly.corner of said Lot on the
northerly line of Phil Avenue, thence along the•sflutherly line
thereof along a'curve to the left having a radius of 950 feet
through a central angle of 3 deg. 31 min. 06 sec. an arc length
of 58.06 feet to the southeasterly cflrner thereof. (The radius
point of said curve bears North deg. 14 mia. 46 sec. West from
said last point};
Thence along the easterly line of said Lot North 2 deg. 15 min.
East 5.03 feet; thence parallel with the aforesaid southerly
line and distant 5.00 feet (radial measx>lre) along a curve to the
right having a radius of 445 feet through a central angle of
3 deg. 31 min. 13 sec'. an arc length of 58.06 feet to the
westerly line of said Lot; thence along said lice South 2 deg.
15 mia. West 5.01 feet to the paint of beginning.
Refer to EBHHIT "S", PLAT, which is hereby made a part of this
description.
APN: 375-05-027.
Address: 19337 Phil Lane, Cupertino, CA
Date: August 31, 2D0?
By: Edward J. Bahamian, RCS
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