E-819 Summarily Vacating A Wire Clearance Easement Within the Civic Center Property Located at 10300 Torre Ave . APN 369-31-033 Resolution No. 16-006RECORDING 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 IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 23211119
11111111111111111'11111
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
city
Pages: 8
Fees. * No Fees
Taxes ...
Copies ..
AMT PAID
RDE fl 007
2/02/2016
9:47 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
SUMMARILY VA CA TING A WIRE CLEARANCE EASEMENT WITHIN
THE CIVIC CENTER PROPERTY LOCATED AT 10300 TORRE A VENUE,
APN 369-31-033
RESOLUTION NO. 16-006
g Original
D For Fast Endorsement
VERIFICATION
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 27th day of January 2016, at Cupertino, California.
~~5l-aurensap~dar
City Clerk's Office
City of Cupertino
RESOLUTION NO. 16-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUMMARILY VACATING A WIRE CLEARANCE EASEMENT WITHIN THE
CIVIC CENTER PROPERTY LOCATED AT 10300 TORRE AVENUE,
APN 369-31-033
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
utility easement if the easement has been superseded by relocation, or determined to be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 a Wire Clearance Easement
(hereinafter the "Easement") constituting all that real property situated in the City of
Cupertino, County of Santa Clara, State of California, more particularly described in Exhibit
II A".
WHEREAS, on January 19, 2016, the Director of the Department of Public Works
approved that certain plat entitled "Wire Clearance Easem.ent Vacation Exhibit" attached
herewith as Exhibit "B", showing the Easement that the City Council intends to summarily
vacate; and
WHEREAS, attached to this Resolution as Exhibit "C" is a copy of the report, dated
January 19, 2016, that the Director of the department of Public Works submitted to the City
Council setting forth the reasons justifying the summary vacation of the Easernent
(hereinafter "Report").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
that:
SECTION 1. The City Council hereby adopts the Report and, based upon the Report
and all other evidence submitted, 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 easem.ent has been determined to be excess, and there are no other public
facilities located within the easement.
Resolution No. 16-006
Page2
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the
provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby
order that the Easement shall be and hereby summarily vacated.
SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this
Resolution, including Exhibits" A", "B", and "C" hereto.
SECTION 4. The Easement will no longer constitute a Wire Clearance Easement from and
after the date of recordation of the documents identified in Section 3 of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of
Cupertino this 19th day of January, 2016, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
Grace Schmidt, City Clerk
EXHIBIT A
Wire Clearance Easement
A portion of Lots 4 and 7, as shown on that certain map entitled Tract No. 3743 Cupertino
Town Center, recorded in Book 186 of Maps at Pages 36 and 37, Santa Clara County
Records, in the City of Cupertino, Santa Clara County, California.
A strip of land, five feet in width, designated as Wire Clearance Easement on said map,
the Easterly line of which is described as follows: Beginning at a point on the Northerly line
of the aforementioned Lot 7 from which the Northeast corner thereof bears the following
two (2 ) consecutive courses: ( 1) along the arc of a curve to the left having a radius of
455 feet, a central angle of 0°56' and an arc length of 7.41 feet and (2) North 74°25'50"
East 39.51 feet; thence from the point of beginning South 0°56'25" West 1153.51 feet to a
point on the Northerly line of Pacific Drive.
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RODRIGUES AVENUE 60.0
R=455'
/:;. =16 °30'50 6
L=131.14'
-N7 4 °25'50°E
39.51'
~ N00°56'25 8 E
36.91'
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R=20'
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il=90°00'15h POINT OF BEGINNING
L=31.42'
5' WIRE CLEARANCE
EASEMENT PER 186/MAPS/36
TO BE VACATED
LOT 7
TRACT 3743
186 /MAPS /36
~l/R=155'
Ll=39°16'05H
L=106.23'
I ·------10. 0
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11
o(:l EAST LINE OF 'v./IRE g I CLEARANCE EASEMENT
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LOT 4
R=20 , TRACT 37 43
il=B 9 •56 ,25 u 186 /MAPS/36
L=31.40'
POINT OF TERMINA TIDN
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0.10'
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GEIL ENGINEERING I ENGINEERING • SURVEYING • PLANNING
1226 HIGH STREET
I AUBURN, CAIJFORNIA 95603
phone: (530) 885-0426
fax: (530) 823-1309
I ss9·01'00"E 7.80'
I
WIRE CLEARANCE EASEMENT
R=550' l VACATION EXHIBIT
~AA
stjALE 1" 100'
R=610'
il=1?943'02h
L=188.63' Ll=1?944'02
L=170.23' I CUPERTINO, CA
Exhibit C
Page 1"
CUPERTINO
Subject
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 19, 2016
Summary Vacation of a Wire Clearance Easement within the Civic Center property at
10300 Torre Avenue.
Recommended Action
Adopt Draft Resolution No. 16-006, summarily vacating a wHe clearance easement
within the Civic Center property at 10300 Torre Avenue.
Discussion
On August 25th, 2015, the Planning Commission approved (on a 5-0 vote) the
installation of a new cell tower located at 10300 Torre A venue, near City Hall. The
Commission decision to approve was subsequently appealed by a resident and the City
Council heard the appeal and lease agreement at its meeting of October 6, 2015. Then
Vice Mayor Chang was absent and Councilmember Vaidhyanathan recused herself,
l.eaving the remaining three council members to decide the appeal. No resolution was
adopted as the Council vote was 2-1 in favor of denying the appeal and a majority of
the Council (three votes) was needed to make a Council decision. As a result of the
mot-ion failing, the Planning Commission decision to approve was upheld.
During the review process, staff determined that the proposed location of the new cell
tower is currently encumbered by an unused wire clearance easement held by the City.
The easement runs north to south and is located approximately 10-feet west of the
easterly Civic Center property line (refer to Attachment A & B -Wire Clearance
Easement Vacation Exhibit).
Staff has contacted the various overhead utility providers (Pacific Gas and Electric,
AT&T and Comcast) to verify if there are any current or proposed plans to utilize the
easement, and if the utility companies have any object-ions to the City vacating the
easement. Letters were received from each utility company (refer to Attachments D, E
& F) and there are no objections to the vacation. Staff has determined that there are
currently no overhead wires within the easement, and that the Wire Clearance
Easement is not needed for public purposes. The easement may be summarily vacated
per the Streets and Highway Code, Section 8333(a).
Exhibit C
Page2
Adoption of this resolution will allow the City to summarily vacate the existing Wire
Clearance Easement on the subject property. Upon recordation of this vacation, the
Wire Clearance Easement will be removed from the property and no further ·action
regarding the vacation will need to be taken by the City CounciL
Fiscal Impact
No fiscal impact incurred by approving the summary vacation of the Wire Clearance
Easement.
Sustainability Impact
None.
Prepared by: Chad Mosley, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A -Legal Description for Vacation of Wire Clearance Easement
B -Plat Map for Vacation of Wire Clearance Easement
C -Draft Resolution
D -PG&E No Objection Letter
E-AT&T No Objectim:t Letter
F -Comcast No Objection Letter