CC Resolution No. 22-119 summarily vacating a portion of a Public Utility Easement on the property located at 10778 Morengo DriveRESOLUTION NO . 22-119
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT
ON A PROPERTY LOCATED AT 10778 MOREN GO DRIVE
(APN 375-35-056)
WHEREAS, a 10' -foot wide public utility easement dedicated to public use
presently exists on a property located at 10778 Marengo Drive (APN 375-35-056)
in the City of Cupertino, as described in Exhibit A and shown in Exhibit B; and
WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways
Code of the State of California authorizes the City Council to summarily vacate a
portion of a public service easement if the easement has not been used for the
purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation; and
WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways
Code of the State of California authorizes the City Council to summarily vacate a
portion of a public service easement if the easement has been superseded by
relocation, or determined to be excess by the easement holder, and there are no
other public facilities located within the easement; and
WHEREAS, the City Council intends to summarily vacate the public utility
easement as presented in the staff report, dated September 20, 2022, submitted to
the City Council setting forth the reasons justifying the summary vacation of the
public utility easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that:
SECTION 1. The City Council hereby adopts the Resolution based upon all
other evidence submitted, and makes the following findings :
1. The easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately
preceding the proposed vacation; and
2. The easement is determined to be excess, and there are no other
public facilities located within the easement.
Resolution No. 22-119
Page 2
SECTION 2. Based upon the findings made in Section 1 of this Resolution
and the provisions of Section 8333(a) and 8333(c) of the Streets and Highways
Code, the City Council does hereby order that the portion of public utility
easement shall be and hereby is summarily vacated.
SECTION 3. The City Clerk is hereby directed to record at Santa Clara
County Records this Resolution, including Exhibit A and Exhibit B attached hereto.
SECTION 4. The portion of public utility easement as described in Exhibit
A and shown in Exhibit B will no longer constitute a Public Utility Easement from
and after the date of recordation of the documents identified in Section 3 of this
Resolution.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, "CEQA") because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action to summarily vacate a public utility easement
would have no or only a de minirnis effect on the environment because no physical
changes to the environment are proposed. The foregoing determination is made
by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of September, 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul, Chao, Moore, Wei, Willey
None
None
None
Resolution No. 22-119
Page3
SIGNED:
City of Cu
ATTEST:
Kirsten Squarcia, City Clerk
Date
Date
10/3/22
EXHIBIT "A"
LEGAL DESCRIPTION
PORTION OF PUBLIC UTILITY
EASEMENT TO BE VACATED
CITY OF CUPERTINO, CALIFORNIA
(AFFECTING APN: 375-35-056)
The following d esc ribes a parc e l of land situate within the City of Cupertino, County of Santa
Clara , State of Ca liforni a , being a portion of Lot 132 as sho wn on TRACT 1287 , filed for record
on April 27, 1954, in Book 48 of Maps at pages 46-4 7, Santa Clara County Records , more
patiicularly described as follows:
Commencing at th e southwesterly comer of said Lot 132 , said point being the TRUE POINT OF
BEGINNING of thi s de scription; thence easte rly along th e so uthe rl y lin e of sa id Lot 13 2
1) South 87 °37' 19" East I 07.48 feet to the westerly line of a 5 feet wide Public Utility
Easement as shown on said TRACT l 287; thenc e no rth easte rl y along said westerly lin e
2) No11h 30°22'37" East 11.33 feet ; thence lea v ing said westerly line along a parallel lin e
situated IO feet perpendicular t o sa id southerly line of Lot 132
3) No1ih 87 °37' 19" West 107.96 feet to the easterly line ofMorengo Drive (60' R/W), sa id
point also being the westerly lin e of sa id Lot 132 ; thence along said easterly line of
Marengo Drive
4) South 28 ° l 0' 10" West 11.11 feet to the TRUE POINT OF BEGINNING
Containing 1,077 square feet ofland, more or less .
The bearings u se d are based on aforesaid TRACT 1287 , filed for record on April 27, 1954, in
Book 48 of Maps at pages 46-47, Santa C lara County R ecords.
EXHIBIT "B" is attached hereto and mad e a pa11 h ereof.
SURVEYOR'S CERTIFICATE
I hereby ce1iify that this description was prepared by m e or under my direct supervision and is
accurate to the best of my knowledge and belief.
No. 8743
Date
Pg. 1 of 1
EASEMENT AREA TO BE VACATED
AREA= 1,077 SQ. FT.+/-
NOTES
ALL DIMENSIONS SHOWN AR E IN
FEET AND DEC IMAL S THEREOF
LEGEND
R/W
APN
TPOB
R1
P.U .E .
LU
z
I :5
VJ
LU
SUBJECT PROPERY LI NE
--EX IST I NG EASEMENT PER R1
(SHOWN IN HATCH )
CENTERLINE
PROPERT Y LI NES
RIGHT OF WAY
ASSESSORS PAR C EL NUMBER
TRUE POINT OF BEGINNING
TRACT 1287
(48-MAPS-46 & 47)
PUBLIC UTILITY EASEMENT
P.U .E. TO BE VACATED
PER THIS DOCUMENT
0 10 20 40
SCALE 1 "=20 Feet
SHEET 1 OF 1 EXHIBIT "B"
UKAVVN t:SY : KAIVI
UA I t:: Ul:5-UL-LUZL
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PLAT TO ACCOMPANY LEGAL
DESCRJPTION FOR P .U .E . VACATION
SA NTA C LARA COUNTY CA LIFORNIA
LANDS OF WHORTON TR, I
LOT 146{R1)
APN: 375-35-006 I
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M&N CONSUL T ING SERVICES, INC .
PROFESSIONAL LAND SURVEY IN G SERV ICES
322 N . 1 8TH ST REE T, SA N JOSE , CA 95 1 12
MANDNC INC@G MA IL COM /(669)222-1 9 11