CC Resolution No. 22-139 summarily vacating a portion of Public Utility Easement on the property located at 10826 Brookwell DriveRESOLUTION N0. 22-139
A RESOLUTION OF THE CUPERTINO CITY COUNCI[
SUMMARILY V ACATING A PORTION OF A PUBLIC UTILITY EASEMENT
ON A PROPERTY LOCATED AT 10826 BROOKWEL'L DRIVE
(APN 369-21-021)
WHEREAS, a public utility easement dedicated to public use presently
exists on a property located at 10826 Brookwell Drive (APN 369-21-021) 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portion of a public service easement if the easement has been superseded by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 November 15, 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
Resolution No. 22-139
Page 2
2. The easement is determined to be excess, and there are no other
public facilities located within the easement.
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 ExhibitA 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 subje(t 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 surnrnarily vacate a public utility easement
would have no oronly a de minimis 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 15th day of November, 2022, by the following vote:
Resolution No. 22-139
Page 3
Members of the City Council
AYES:
NOES:
Paul, Chao, Moore, Wei, Willey
None
ABSENT:None
ABST AIN:None
SIGNED:
. ti /?c/zo 2-Z__
'Darcy Pau€!. .J
City of Cup
Date
ATTEST:
/, o-+ .,/,.,,,,_o -14 l'Jrll')'l
/ '-I IlsRJlLL
l" l/
Kirsten Squarcia, City Clerk Date
Resolution No. 22-139
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
FOR VACATION OF PUBLIC UTILITY
EASEMENT
A portion of Lot 44, as shown upon that certain Map entitled "Tract No. 1566
Alderbrook Estates Unit 2", which Map was filed for record in the Office of
the Recorder of the County of Santa Clara, State of California on August 16,
1955 in Book 62 of maps at page 18 and 19, more particularly described as
fonows:
Beginning at a point on the westerly most corner of Lot 44; thence along the
southwesterly line of said Lot 44, South 26o48'38" East, 74.10 feet to the
southwesterly corner of Lot 44; thence along the southerly line of Lot 44, North
85ol9'00"' East, 47.11 feet; thence North 52ol3'47" West, 101.69 feet to the
POINT OF BEGINNING.
Containing an area of 1,617.0 square feet, more or less.
The land described hereon is shown on the attached plat, Exhibit "B"', and is by
reference, made a part thereof.
End of description.
9 (qoDa(tezzl
Resolution No. 22-139
Page 5
Exhibit B
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BOLLnSTGER ROAD
na'o' M,,,,Aoi 8ASIS OF BEARINGS:
P.O.EI. POINT OF BEGINNING THE BEARING, xoozs'oov, OF THE CENTER LINE OF
P-U-E PUBLIC UnLrrr EASEMENT BROoKWE'L DR"Eo 6 sHoWN oN "AT CERT"N w - PROPERn uNE FILEo 'N THE OFlcE oF NE REcORDER oF MNTA -7___zH ICENTEEMRENTLINLEINEOF STREET CMAIARAPs ACTOPUANGTYE,1Sr9ATw%OFUsCEALID F60RNTIHA,IN[Bl0sOoKF62 0F M,.-
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lBGALnESCRIPTION
FORVACAIIONOFP.U.R
l0826BROOKWELLDR,CUPERT{NO,CA
VV E C 2625M[DDLEFIELDRD#658 TEL: (650)823-6466
a asaociargs PALOALTO,CA94306 FAX: (650)887-1294