E-760 Resolution No. 9142, 9122, and 8857 Vacation of a Public Utility Easement, Tract No. 7277, Lots 5 and 6, Tula LnRECORDING REQUESTED BY
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DOCUMENT TITLE
SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
Ike'tur h to:
.CITY OF CUPERTINO
1 Torre Avenues
Cupertino, CA 95014
O FEE IN Arr!e)cZDANCIE
WITH Gov -DE 6i.oa
RESOLUTION N0. 9142
�609PAGE"1'7 13
A RESOLUTION of THE CITY COUNCIL of THE CITY OF CUPERTINO
ORDERING VACATION OF A PUBLIC UTILITY EASEMENT LOCATED
WITHIN TRACT NO, 7277, LOTS 5 AND 6, TULA LANE PURSUANT TO
SECTION 50430 of THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA
WHEREAS, hearing on Resolution o Intention No. i �2
• i was held on June 2,
1994, at regular meeting o the City Council at 10300 To •
Torre Avenue, �uert�no,
California; and
WHEREAS, it appears that notice thereof was duly given
as required by lam, and
vE REAS, from the evidence presented, both oral and documentary, t�ex�tary �t appears
to be to the best 'interest of the city to vacate the hereinafter d •
described portion of public
utility easement; that said portion of said easement is
unnecessary for present or
prospective public purposes; and
NOWT THEREFORE, BE IT RESOLVED:
. That all or any protests against the vacation of said u utility
. public ut�l�ty easement
be and hereby are overruled and denied
2. That that certain public utility easement described an •
d shoes �n Exhibits
"A" and "B"' attached hereto and made part hereof, be and
hereby is
vacated.
BE IT FURTHER RESOLVED.-
That the City Clerk be and hereby is instructed and directed to cause a certified
copy of this resolution, attested to and scaled with the official seal of the arty, to be
recorded with the County Recorder of the Count o Santa •
County Clara, �a�rn� forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1 t h day of july 1 994
, by the following vote;
Members h C i. •
AYES: Bautista, Burnett, Dean, Sorensen
oppel
NOES: None
ABSENT: None
ABSTAIN; "� Hi 1� 0 CERTIFY THAT' Y1.4l 1► � �
None I STRIJ [ T 13 A TR U AN D cORR nO fbY
OF THE ORIGINAL O FILE IN THIS O
TT E S
1
CITY .0L 13F T4rolTy OF CUPERTINCI
CITY CLERK
9 PACE T I ; 7 14
RESOLUTION N0. 9142
APPROVED:
.
s Barbara Koppel
ATTEST: Mayor, City of Cupertino
Isl Roberta Wolfe
Deputy City Clerk
�sa9pacE'I17 "15
ABANDONMENT E EASEMENT
LEGAL DESCRIP'T'ION
All that certain real property situate in the CitY Of of
Santa Clara, State o California, pert�.r�o, County
ornia being an easement fifteen 1 feet in
width for public utilities purposes deeded to the City
California b Deed recd o Cupertino,
recorded in Book 8311 of official Records at page 385
Santa Clara Counter Records, with the center line descried a ol
lows:
Beginning at the southwesterly corner of Lot 46, as said lot
that certain Map entitled, � shore upon
led, nTract o. 2808, Pepper Tree Unit No. 2f Cupertino,
California", which Map was filed record in od/e of the Recorder of
the Counter of Santa Clara, State of California, 'ors September
137 Maps, at pages p 7, 191, � Book
p p g and ; thence N 8 °59'37" 10.00 feet; thence
S 56-018158" W 36.06 feet; thence N 890 59137" W 179.07 feet
line of that certain 5�re o +the westerly
tract o lard conveyed y Harold Richard Chivers
to San Jose Abstract & 'title Insurance Company, a Corporation,
by Deed dated
_- April 20, 1945, recorded May 5, 1945, in Book 1257 of Official l Records , t
page 276, in the office of the Recorder of the County of Santa Clara, California.
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Marvin D. Kire`
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z sa• ��• z� 42• 4�,a4 KIRKEBY ENGINEERING CORR
3 sz• E1211 L02"� Z a• ra.z2 10950 N. Biariar Ave.
Cupertino, CA, 93014 (408)2.52..9,690
(PLAT TO ACCOMPANy DESCRIpTION
ABANDONMENT OF EASEMENT
SCDIB:t" .2 50" DUte: JUNE I994 JOb.N0. 94017 �
AFFIDAVIT OF POSTING
RESOLUTION NO. 9122
DECLARING INTENTION TO VACATE A PUBLIC UTILITY EASEMENT
&!, , being first duly sworn, deposes and says:
That he/she is a citizen of the United States and over the age of twenty-one years;
That at the instance of and for and on behalf of the City Clerk of the City of
Cupertino, he/she posted Resolution No. 9122. at not more than 300 feet apart, and not
less then three in all; that said posting was fully completed on the % fAday of
1994; that a copy of said resolution is hereto attached, marked Exhibit
"A", and by reference made a part hereof.
Subscribed and sworn -to before me
this day of , 1994.
v
eputy City Clerk
CONTINUED TO JULY 18, 1994, AT THE JULY 5, 1994 CITY COUNCIL MEETING
RESOLUTION NO. 9122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF
A PUBLIC UTILITY EASEMENT WITHIN THE CITY OF CUPERTINO
PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR
HEARING AND PROVIDING FOR NOTICE THEREOF, LOCATED WITHIN
TRACT 7277, LOTS 5 AND 6, TULA LANE
WHEREAS, that certain public utility easement located within Tract 7277, Lots 5
and 6, Tula Lane, more particularly described in description and map attached hereto and
made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interest that the City Council initiates the vacation
of said easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares
its intention to vacate the aforesaid public utility easement;
BE IT FURTHER RESOLVED:
I . That the 5th, clay of 3uiy, 1994, at 6:45 p.m., in the Council Chamber, City
Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing
on the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be
published in the manner prescribed by law, and shall cause certified copies to be posted
along the line of said property proposed to be vacated at least 10 days before the date of
hearing and no more than 300 feet apart within a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of June , 1994, by the following vote:
RESOLUTION NO. 9122
PAGE 2
Vote Members of the City Council
AYES: Bautista, Burnett, Sorensen, Dean
NOES: None
ABSENT: Koppel
ABSTAIN: None
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
RESOLUTION NO. 9122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF
A PUBLIC UTILITY EASEMENT WITHIN THE CITY OF CUPERTINO
PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR
HEARING AND PROVIDING FOR NOTICE THEREOF, LOCATED WITHIN
TRACT 7277, LOTS 5 AND 6, TULA LANE
WHEREAS, that certain public utility easement located within Tract 7277, Lots 5
and 6, Tula Lane, more particularly described in description and map attached hereto and
made part hereof as Exhibits "A" and `B", is deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interest that the City Council initiates the vacation
of said easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares
its intention to vacate the aforesaid public utility easement;
BE IT FURTHER RESOLVED:
1. That the 5th day of July, 1994, at 6:45 p.m., in the Council Chamber, City
Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing
on the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be
published in the manner prescribed by law, and shall cause certified copies to be posted
along the line of said property proposed to be vacated at least 10 days before the date of
hearing and no more than 300 feet apart within a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of June , 1994, by the following vote:
RE capy
RESOLUTION NO. 8857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF AN EMERGENCY
VEHICLE ACCESS EASEMENT AND PUBLIC UTILITY EASEMENT WITHIN
THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME
AND PLACE FOR HEARING AND PROVIDING FOR NOTICE THEREOF,-
SOUTH
HEREOF;SOUTH END OF SAN FERNANDO AVENUE
WHEREAS, that certain easement for emergency vehicle access and public utility
purposes, more particularly described in the description attached hereto and made part
hereof as Exhibit "A", is deemed unnecessary for present and prospective use; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interest that the City Council initiates the vacation of said
easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares
its intention to vacate the aforementioned easement;
BE IT FURTHER RESOLVED:
1. That the 3rd day of May, 1993, at 6:45 p.m., in the Council Chamber, City
Hall, 10300 Torre Avenue, Cupertino, California is the time and place fixed for hearing on
the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be
published in the manner prescribed by law, and shall cause certified copies to be posted
along the line of said property proposed to be vacated at least 10 days before the date of
hearing and no more than 300 feet apart with a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6 t h day of April , 1993, by the following vote: