E-915 Vacating a portion of a public utility easement on a property located at 10778 Morengo Dr, APN 375-35-056RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIt TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
2539e775
Regina Qlcomendras
Sarita Clara County - Clerk-Recorder
10/25/2e22 e8-52 QM
Titles: 1 Pages : 7
Fees : $€
Taxes : $O. 00
Total :$2).9)0
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SUMMARILY V ACATING A PORTION OF A PUBLIC
UTILITY EASEMENT ON A PROPERTY LOCATED AT
10778 MORENGO DRIVE
APN: 375-35-056
RESO[UTION N0. 22-119
0 0riginal
0Conformed Copy
CITY OF
CUPERTINO
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366
CUPERTINO.ORG
October 4, 2022
Santa Clara County Recorder's Office
70 West Hedding Street
San Jose, CA 95110-1768
Re: Documents for Recordation
The enclosed documents are for recording, please contact our office at
(408) 777-3223 if you have any questions.
@ Resolution No. 22-119 A Resolution of the Cupertino City Council
summarily vacating a potion of a public utility easement on a
properFy located at 10778 Morengo Drive, APN 375-35-056
Sincerely,
Melissa Robertson
Senior Office Assistant
Enclosures
RESOLUTION N0. 22-119
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
SUMMARILY V ACATING A PORTION OF A PUBLIC UTI[ITY EASEMENT
ON A PROPERTY LOCATED AT 10778 MORENGO DRIVE
(APN 375-35-056)
WHEREAS, a 10'-foot wide public utility easement dedicated to public use
presently exists on a properh,r located at 10778 Morengo 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portion of a public service easement if the easement has been superseded by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 RBSOLVED 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 I 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 enviror'unent. 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 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 20thday of September, 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
Paul, Chao, Moore, Wei, Willey
None
None
None
{'i
ResoJution No. 224I9
Page 3
SIGNED:
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(DCl7WrcyOfPCauulpae-rno
Date
ATTEST:
kr /, /J ,%1-1-
Ki'rsten Squarcia, % Clerk Date
l
EXHIBIT "A"
LEGAL DESCRIPTION
PORTION OF PUBLIC UTILITY
EASEMENT TO BE VACATED
CITY OF CUPERTINO, CALIFORNIA
(AFFECTING APN: 375-35-056)
ill'i
The following describes a parcel of land situate within the City of Cupeitino, County of Santa
Clara, State of California, being a portion of Lot 132 as sliown on TRACT 1287, filed for record
on April 27, 1954, in BOOk 48 of Maps at pages 46-47, Santa Clara County Records, more
paiticularly described as follows:
Commencing at the soutliwesterly comer of said Lot 132, said point being the TRUE POINT OF
BEGINNING of this description; tlience easterly along tlie southei-ly line of said Lot 132
1) South 87o37' 19" East 107.48 feet to tl'ie westerly line of a 5 feet wide Public Utility
Easement as shown on said TRACT 1287; tlience noitheasterly along said westerly line
2) Noitli 30o22'37" East 11.33 feet; thence leaving said westerly line along a parallel line
situated 10 feet pei7endicular to said southerly line of Lot 132
3) Noith 87o37'l9" West 107.96 feet to tlie easterly line ofMorengo Drive (60' R/W), said
point also being tlie westerly line of said Lot 132; tlience along said easterly line of
Morengo Drive
4) South 28olO'lO" West 11. 11 feet to the TRUE POINT OF BEGIISJNING
Containing l,077 square feet of land, more or less.
The bearings used are based on aforesaid TRACT 1287, filed for record on April 27, 1954, in
Book 48 of Maps at pages 46-47, Santa Clara County Records.
EXHIBIT "B" is attacl'ied hereto and made a pait hereof.
SURVEYOR'S CERTIFICATE
I hereby ceitify that this description was prepared by me or under my direct supervision and is
accurate to the best of my knowledge and belief.
AN A. MIX, P.L.Date
Pg. 1 of l
NOTES
, jail
LANDS OF WHORTON TR.
LOT 146(Rl)
APN: 375-35-006
ALL DIMENSIONS SHOWN ARE IN
FEET AND DECIMALS THEREOF
LEGEND
I
R/W
APN
TPOB
R1
P.U.E.
SUBJECT PROPERY LINE
EXISTING EASEMENT PER R1
(SHOWN IN HATCH)
CENTERLINE
PROPERTY LINES
RIGHT OF WAY
ASSESSORS PARCEL NUMBER
TRUE POINT OF BEGINNING
TRACT 1287
(48-MAPS-46 & 47)
PUBLIC UTILITY EASEMENT
P.U.E. TO BE VACATED
PER THIS DOCUMENT
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EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
l)ESCRIPTION FOR P.U.E. VACATION
SANTA CLARA COUNTY C ALIFORNIA
M&N CONSULTING SERVICES, INC.
PROFESSIONAI. I..ANr) SIIF,VFYING SFRVI(':FS
322 N 18TH STREET, SAN JOSE, CA 95112
MANDNCINC@GMAIL.COM/(669)222-1911