E-870 Public Utility Easement for Water Line Purposes, 23500 Cristo Rey Drive (Resolution 20-003) RECORDING REQUESTED BY: 24400659
Regina Alcomendras
City of Cupertino Santa Clara County - Clerk-Recorder
02/11/2020 08:33 AM
WHEN RECORDED,MAIL TO: Titles: 1 Pages: 8
Fees: 0.00
Taxes: 0
City Clerk's Office Total: 10.00
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
VACATING PORTIONS OF A PUBLIC UTILITY EASEMENT FOR
WATER LINE PURPOSES LOCATED ON 23500 CRISTO REY DRIVE
AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA
RESOLUTION NO. 20-003
X Original
0 Conformed Copy
VERIFICATION
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I have reviewed this Agreement and to the best of my knowledge, the information
contained herein is true and complete. !
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the Wh day of February 2020, at Cupertino, California.
f I
Cyrah Caburian
City Clerk's Office
City of Cupertino
I
RESOLUTION NO. 20-003
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
VACATING PORTIONS OF A PUBLIC UTILITY EASEMENT FOR WATER
]LINE PURPOSES ]LOCATED ON 23500 CRISI'O REY DRIVE AS PROVIDED
IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA
WHEREAS, portions of a public utility easement for water line purposes
(hereinafter the "Easement") located on 23500 Cristo Rey Drive, more particularly
described and attached herewith as Exhibit "A", is to be vacated; and
WHEREAS, that certain plat entitled "Plat to Accompany Vacation
Description', attached herewith as Exhibit"B", shows the Easement to be vacated;
and
WHEREAS, the City Council did, on the 17f day of December, 2019, adopt
Resolution No. 19-142 of intention to vacate the Easement, and the City Clerk has
published notice and posted signs 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 Streets and Highways Code of the State of California;
and
WHEREAS, a new public utility easement for water line purposes was
dedicated per Document No. 24327719, recorded on November 8, 2019,
superseding the existing Easement; and
WHEREAS, pursuant to Section 8324 of the Streets and Highways Code of
the State of California, the City Council finds,from all the evidence submitted,that
the Easement in the notice of hearing is unnecessary for present or prospective
purposes after conditions have been satisfied; and
WHEREAS, it is deemed to be in the public interests that the City Council
elects to proceed to order said vacation; and
WHEREAS, on April 17, 2018 the City Council certified an Environmental
Impact Report (hereinafter the "EIR") for Development Permit DP-2017-01, to
allow construction of the Forum Project; and
Resolution No.20-003
Page 2
WHEREAS, the vacation of the Easement will facilitate construction of the
Forum Project and constitutes a minor modification to the Project, and based on
substantial evidence in the record, no subsequent environmental review is
required because there, are no substantial changes in the Project or the
.circumstances under which the Project is to be undertaken that would result in
new or substantially more severe environmental impacts requiring major revisions
to the Final EIR, and there is no new information that involves new significant
environmental effects or a substantial increase in the severity of previously
identified environmental effects that would require preparation of a subsequent
or supplemental EIR pursuant to Public Resources Code Section 21166 and CEQA
Guidelines Sections 15162 and 15163.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
authorize the City Clerk,upon notification from the Director of Public Works that
the Applicant has met all precedent conditions, to record the executed original
Resolution in the Office of the Recorder of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2151 day of January,2020,by the following vote:
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Vote Members of the City Council
AYES: Scharf,Paul, Chao,Sinks
NOES: None
ABSENT: Willey j
ABSTAIN: None
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SIGNE
I Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
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Kirsten Squarcia, Clerk LDate
November 19, 2019
BKF Job No.: 20165092-50
��■� EXHIBIT"A"
EASEMENT DESCRIPTION FOR:
BKF PORTION OF PUBLIC UTILITY EASEMENT
PER L364 O.R. 1789 TO BE VACATED
ENGINEERS All that certain real property in the City of Cupertino, County of Santa Clara, State of
SURVEYORS California, and described as follows:
PLANNERS BEING a portion of the public utility easement parcels as said parcels are described in
Exhibit B in the document entitled "Grant of Easement for Public Utilities"recorded May
23, 1990, in Book L364 at Page 1789 (L364 O.R. 1789), Instrument Number 10533461,
Santa Clara County Official Records, said portion being more particularly described as
follows:
WATER METER PARCEL 1:
A 5.00 feet wide easement for water meter purposes lying 2.50 feet on each side of the
following described line:
Commencing at a point lying on that certain line numbered seventeen (17) and being
distant thereon South 61°28'45" East 3.33 feet from the terminus of course sixteen(16) as
said courses are described in Parcel 1, 10 foot wide water line easement, as said parcel is
described in said document(1,364 O.R. 1789);
Thence perpendicular to said course seventeen (17), South 28°31'15" West 17.43 feet to
the Point of Beginning,
Thence continuing along course seventeen(17), South 289I'l5" West 2.00 feet.
FIRE HYDRANT PARCEL 4:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
I
Beginning at the terminus of that certain line numbered fifteen (15) as said course is
described in the aforementioned Parcel 1, 10 foot wide water line easement,
Thence South 56°30'00" West 18.50 feet.
FIRE HYDRANT PARCEL 5:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
Page 1 of 2
November 19, 2019
BKF Job No.: 20165092-50
Beginning at a point lying on that certain line numbered seventeen (17) and being distant
thereon South 61°28'45" East 137.35 feet from the terminus of course sixteen(16) as said
courses are described in the aforementioned Parcel 1, 10 foot wide water line easement;
Thence perpendicular to said course seventeen(17), South 28°31'l5" West 22.74 feet.
FIRE HYDRANT PARCEL 11:
i
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
Beginning at a point lying on that certain line numbered thirty-nine(39) and being distant
thereon South 09°13'39" West 59.11 feet from the tenninus of course thirty-eight (38) as
said courses are described in the aforementioned Parcel 1, 10 foot wide water line
easement;
Thence perpendicular to said course thirty-nine(39), South 80°46'21" East 22.88 feet.
FIRE HYDRANT PARCEL 13:
A 6.00 wide easement for fire hydrant purposes lying 3.00 feet on each side of the
following described line:
Beginning at a point lying on that certain line numbered forty-three(43) and being distant
thereon North 41°40'00" West 41.77 feet from the terminus of course forty-two (42) as
said courses are described in the aforementioned Parcel 1, 10 foot wide water line
easement;
1
Thence perpendicular to said course forty-three(43), South 48°20'00" West 25.00 feet.
A plat showing the above described easements is attached hereto and made a part hereof
as Exhibit`B".
This desc on_was__ repared from record information for BKF Engineers.
_..._. Lp,ND SVR
Davis Thresh,P.L.S No. 6868 U DAVIS
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Dated: t• ��� L p * No.6868
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KA2016\I65092_Forum_Cupertino\DOCS\08-Survey\I-Plats_and_Lega1_Desc\FO-QC-WLE-DESC.doc
Page 2 of 2
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SUITE 400 VACATION DESCR I PT I ON
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f \ \ EE ELECTRIC LINE EASEMENT
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L364 O.R. 1789 O.R. OFFICIAL RECORDS
POB POINT OF BEGINNING
o f FH PARCEL 11 \ \ WLE WATER LINE EASEMENT
f L364 O.R. 1789 \ \ PARCEL #
POB f TO BE VACATED \ \ \ POB AM WATER METER PARCEL #
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PARCEL TO
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1 '11 '� Job No. 20165092-50
E :a a B k F 925-940-2200 By MLH Date 11 19 19 Chkd.BTW
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