E-731 VACATION OF PUBLIC EASEMENT, 14477 LINDY PLACE - DOCUMENT: 17357678 Pages 4
i I I Fees. . . . + No Fees
RECORDING REQUESTED BY I Taxes. . .
I Copies. .
AMT PAID
City of Cupertino
BR:E:NDA D-AV I S RDE # 012/16A
WHEN RECORDED MAIL TO 9/18J2003
SANTA CLARA COUNTY RECORDER 1 .1 ;48 AM
City lerk's Office RE�corded at the request of
y
City of Cupertino City -
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
VACATION OF A PUBLIC SERVICE EASEMENT WITHIN THE CITY OF
CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA; 11477 LINDY PLACE
RESOLUTION NO. 03-161
C►�Original
0 For Fast Endorsement
RESOLUTIOId' NO. 03-161
A RESOLUTION OF THE CITY COU14CIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A PUBLIC SERVICE EASEMENT WITHIN THE CITY OF
CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA; 11477 LINDY PLACE
WHEREAS, hearing on Resolution of Intention No. 03-138 was held on September 2,
2003, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California;
WHEREAS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears'to be in
the best interest of the City to vacate the hereinafter described portion of public services
easement; that said portion of said easement is unnecessary for present and prospective public
purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That any and all protests of the vacation of said portion of public service easement
be and hereby are overruled and denied.
2. That certain portion of public service easement described and shown in 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 instr ucted and directed to cause a certified copy of
this resolution, attested to and sealed with the official seal of the City, to be recorded with the
County Recorder of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at- a regular meeting of the City Council of the City of
Cupertino this 21" day of September, 2003, by the following vote:
Vote Members of the City Council TI-fI5 IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS ATRUE AND C(7PRECT COPY
OF THE ORIGINAL ON FILE IN TH!S OFF!C':.
AYES: Chang, James, Kwok, Sandoval, Lowenthal
NOES: None ATTEST
CITY CLERK E03 THE�CiTY QF CUPEPTh",40
ABSENT: None
ABSTAIN: None
CITY
ATTEST: APPROVED:
/s/Kimberly Smith /s/Michael Chang
City Clerk Mayor, City of Cupertino
D
Job No. 2000567
Legal Description—10' P'.S. E. to be Abandoned
A Public Service Easement (P.S.E.) easement situate in the CITY OF CUPERTINO,
COUNTY OF SANTA CLAR.A, STATE OF CALIFORNIA, lying entirely within Parcel
2 as shown on that certain parcel map recorded April 28, 1971 in Book 282 of Maps at
Page 25, Santa Clara County Records, more particularly described as follows:
A strip of land 10.00 feet in width contiguous to and lying northerly of the Southerly line
of said parcel.
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LINDY PLACE
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LEA & SUNG ENGINEERING, INC. EASEMENT
CIVIL ENGINEERS • LAND SURVEYORS
ABANDONMENT
2495 INDUSTRIAL PARKWAY WEST 11477 LINDY PLACE
HAYWARD, CALIFORNIA 94545 CUPERTINO, CALIFORNIA
(510) ss7-4086 JOB NO 2000567 scale 1"= 30'
FAX 510 887-3019
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Drawing LOCATION: N: \projects\99_JOBS\99309\dwg\99309ESMT.-dwg
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City Hall,
, 10300 Torre Avenue
g Cupertino,CA 95014-3255
Telephone: (408)777-3223
FAX: (408)777-3366
Cflu'P E kT IN'0 _ gracej @cupertino.org
OFFICE OF THE CITY CLERK
MEMORANDUM
DATE: August 18, 2003
TO: Kevin Rieden
FROM: Grace Johnson, Deputy City Clerk
SUBJECT- POSTING OF VACATION RESOLUTION NOS. 03-147
Please post the attached Resolution No. 03-147 anal.return the signed memo to me. You will need to
sign an affidavit of posting in my presence.
Attached are three (3) certified copies of the resolutions, which are to be posted no later than Friday,
August 22, 2003.
Thank you.
Posted by:
Date: 6F- Z/•- a
Printed on Recycled Paper
AFFIDAVIT OF POSTING R11'SOLUTION NO. 03-147
DECLARING INTENTION TO VACATE A PUBLIC SERVICE EASEMENT WITHIN
THE CITY OF CUERTINO
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
Kevin Rieden, being first duly sworn, deposes and says:
That he is a citizen of the United State:; 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 posted Resolution No. 03-147 ar. not more than 300 feet apart, and not less
then three in all; that said posting was fully completed on the Z[*day of � 5f ,
2003; that a copy of said resolution is hereto attached and by reference made a art
hereof.
Subscribed and sworn to before n e
this ,Z day of k/C , 2003.
Deputy City Clerk
RESOLUTION NO. 03-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
]REGARDING ITS INTENTION TO ORDER VACATIOTa OF A PUBLIC SERVICE EASEMENT WITHIN THE
CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA, AMENDING.THE TIME AND PLACE FOR
PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF; LINDY PLACE
WHEREAS, that certain Public Utility Easement 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, it is in the public interests that the City Council initiates the vacation of said easement;
WHEREAS, on July 7, 2003, the City Council adopted Resolution No. 03-137 declaring its intention
to vacate the public utility 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 public hearing date has been changed from August 18, 2003 to September 2, 2003, at
6:45 p.m., in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California;
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 4th
clay of August 2003, by the following vote:
Vote Members of the City Council
AYES: Chang, James, Kwok, Sandoval, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Js/Kimberly Smith /s/Michael Chang
City Clerk Mayor, City of Cupertino