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E-916 Vacating a portion of a public utility easement on a property located at 10826 Brookwell Dr., APN 369-21-021RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE JN ACCORDAJNCE WITH GOV. CODE 27383 25413 €2)68 Regina Qlcomendras Sarita Clara County - Clerk-Recorder 12/el7/2el22 el:47 Pfi Titles: 1 Pages: 6 Fees : :%. elB Taxes : %. eO Total : $0.ael IIIINI!rY)':'l!r?b>"lMIU'd!if/AH'i!!),%*N:41myA €1111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) SUMMARII,Y VACATING A PORTION OF A PUBI,IC UTILITY EASEMENT ON A PROPERTY LOCATED AT 10826 BROOKWELL DRIVE APN: 369-21-021 RESOLUTION N0. 22-139 Original 0 Conformed Copy RESOLUTION N0. 22-139 A RESO[UTION OF THE CUPERTINO CITY COUNCI[ SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT ON A PROPERTY LOCATED AT 10826 BROOKWELL DRIVE (APN 369-21-021) WHEREAS, a public utility easement dedicated to public use presently exists on a properFy 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authorizes the City Council to summarily vacate a portion of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHERE AS, the City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 3 a Members of the City Council AYES: NOES: Paul, Chao, Moore, Wei, Willey None ABSENT:None ABST AIN:None SIGNED: i //To /'za 2_ z__ DCiatyrcyofPCa!l"ayol Date ATTEST: ' / 1/S'l l 2_ Ki'rsten Squarcia, (64 Clerk - r Date Resohition No. 22-139 Page 5 EXhibit B Illi I I %iM '\" " p ' ai "% ! 7 1, %,,i I ,(/) Si i s-2 - '-I %% _ _ , - i N I 818i (jf %. 8, ::8I i, '\ ThCz, B3@@K_ LL_ - ___D#\q i 0 15 30 6,0 'le i irxmm.ii...-imni.n4 ai')'i. >A=A:'ai!'IR"I - ' """-- """"'- l-/ s t "---"- a-j ,#" %,/ 1_'34.48'co i . /,'/ 'b%R=60.oO' I W{J'a21-020 s%!K""7" >-%%-,,-aaaaaaaa E " 6212tM-4'5:<j'%"(lEX71SnNG 2' P.U.E. /" 's s4"js";' TO RE!!/UN a'S e,,z/ /,0 s //' sag-ta-ata :'.-rz % ,l/ 6 ,l S ,(t' LOT 44 ,/!' " ""%"" "'-'-'a i Wg-21-D22P.O.BAi%, :,t,) LOT43s 's /%8 62-M-18 "@.4 ;,'(9%%-,'\sl'%%%7%,%)%, g,61'Al7NO%s;,,tj,E, ,/-;%:u' % S sa6 ($',i% 's Ia9. a\%\, 's!;"4,s,, ; / -l s l 's /, / rS s ' *5 p.u.c. TO BE 'o-to " % ' _-----DEDI[,ATEDBYSEPARATE'% tt----------J ,-,---------siN'TRLlklENT ' 'a'! __---.,i aaaa---+--*- _-------aa"'5,B3'1-9'(X)W- 4-/" BOLLINGER ROAD sE"ai'2022' M4oo%LEGEND: BASIS OF BEARINGS: F).o.El. POINT OF BEGINNING THE BEARING, soazaooov, OF THE CENTER LINE OF - P-U.E. PUBLIC unLnY EASEMENT BROOKWELL DRIVE- AS SHOWN ON mAT CERTAIN MAP- PROPER' L'NE Fl"o 'N THE OmcE oF NE REcoRDER oF sA'A - CENTER LINE OF STREET CUiRA COUNTY, STATE OF CALIFORNIA, IN BOOK 62 0F ------ EASEMENT LINE MAPS AT PAGE 19, WAS USED AS THE BASIS OF BEARINGS SHOWN ON THIS MAP. '-' HXE3ff'B' PLATTO ACCOMPANY IJIGALDESCRIPIION FORVACATIONOFP*UJl 1(l!126BROOKWHLLDR,CUPERTINOICA W E C 2625MIDDLEFIELDRD#658 TEL: (650)823-6466 & AIIOCIATII PALOALTO,CA%306 FAX: (650)887-1294