CC Resolution No. 08-088 Vacate PUE 19337 Phil LaneRESOLUTION 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 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 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 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 17`" day of June 2008, by the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
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Mayor, City Cupertino
EXHIBIT nAn
DESCRIPTION OF A ~PUBLIC~ UTII;iTIES EASEMENT
A~ five { 5.00 } foot wide strip of land over and across the
southerly portion of Lot 25 of Tract No. 1343, CASA DEL SOL No.
2, a map of which was recorded on February 15, 1955 in Book 54
of Maps at pages 42 and 43, in the Office of the Recorder of the
County of Santa Clara, State of California. Situated within the
City Limits 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 southerly 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 corner thereof. (The radius
point of said curve bears North deg. 14 min. 45 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 measure) along a curve to the
rir~ht having a radius of 945 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 line South 2 deg.
15 min. West 5.fl1 feet to the point Qf beginning.
Refer to ERHHIT "B", PLAT, which is hereby made a part of this
description.
APN: 375-05-027
Address: 19337 Phil Lane, Cupertino, CA
Date: August 31, 2007
By: Edward J. Hahamiaa, RCS
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