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E-742 Vacation of Roadway Easement, North Side of Stevens Creek Blvd, North of Janice Ave, Resolution 9287, 9245BY RECORDING REQUESTED B City of Cupertino WHEN RECORDED MAIL TO: " CITY CE CUPERTINO 10300 TORRE AVENUE CUPE TINO, CA 95014 t`c PA;GE. CltY OF CUPERTINO DEC 13 24 AM 335 FFIGIA s 0--i SANTA CLARA COUNTY � DAVIS ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) VACATION OF ROADWAY EASEMENT 5 NORTH -SIDE OF STEVENS CREEK BOULEVARD I NORTH DOCUMENT TITLE F JAN ICE AVENUE SEPARATE PAGE, PURSUANT TO GOVT: CODE 27361.6 9) 3149 RESOLUTION NO. 9287` '� 3 ?A GE A RESOLUTION of THE CITY COUNCIL of THE CITY of CUPER.TINo ORDERING VACATION of A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT To SECTION 50430 ET SEQ. of THE GOVERNMENT T CODE of THE STATE of CALIFORNIA, NORTHERLY SIDE of STEVENS CREED BOULEVARD, NORTHERLY OF JAN ICE E AVENUE WHEREAS, hearing on Resolution of Intention No. 9245 was held on February 6, 1 995, at a .regular adjourned meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and VMER AS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to he to the best interest of the City to vacate the hereinafter described roadway easement; that said easement is unnecessary for present or prospective public purposes. STOW, THEREFORE, BE IT RESOLVED: i . That all or any protests against the vacation of said roadway easement b ' and hereby are overruled and denied; 2. That that certain roadway easement described and shown in Exhibits "A" and "B" attached hereto and made part hereof, he and hereby, is vacated. BE IT FURTHER RESOLVED: That the City Cleric be and hereby is instructed and directed to cause a certified copy of this resolution, attested to and sealed with the. official seal of the city, to be recorded with the County Recorder of the County of Santa Clara, Califomia, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of February ..._.. � 1995, by the following vote: Vote Members of the City, Council AYES :. Bautista., Burnett, Koppel, Sorensen., Dean NOES: : None ABSENT. Nona ABSTAIN: None ATTEST: Isl Kim Marie Smith City Clerk FAI V U Isl Wally Dean Mayor, City of Cupei.�'ino THIS IS TO CrERTIFY THAT THE WITHIN INSTRUMENT IS A TRUE AND CORRECT 013PY 0 ' THE ORI I I� 13N FILE IN THIS MFFICED `T T L , 1 I` O O THE � Y 1C13F CUPERTINO. CITY QLERK . H:XH I a I rip yk THE NORTHERLY SIDE OF DESCRIPTION OF THE ABANDONMENT F A PORTION STEVENS NS CREEK NORTHERLY OF JAN ICE AVENUE CITY UP RT . CALIFORNIA All that certain real property situated Cupertino, � the City of County of Santa Clara, State of California, portion Stevens Creek being a Boulevard as said roadway existed on or prior to August 15, 1994, and heir or "'�"�P INSPIRATION portion o dot �4 of o� o I� �" , filed for record Boob ���# of daps at 1 �n Santa Clara ouanty Records, more particularly described as follows: Beginning at a point on the Southerly line (now abandoned � o ��� �rax� way a shown upon said Map at the dividing ` between Lots 2 and line o said Map; thence along said South- erly line of Sylvan Way ` ' 1 ' " 78.11 feet; k said .i 579 � theme leaving w 12 . 3 feet; thence along a line which Parallel with the- oanu ent line a of s Stevens ns Creep Boulevard, as shown upon Record of Surrey filed n Book 469 Sant of 'Maps at Page Santa Ciar County and distant therefrom feet night angle measures s S 9' 1' 3 "' o, 2 feet to the intersection thereof with the . . Southerly e �e�s�o. of the diidin dividing-line between Lots 2 and 23 above referred' to thence along said line N ' of ' w 2.34 feet t the a point of beginning.. Containing 197 square . feet, more r less. Re EXHIBIT Be � Refer t which i hereby made a pant of this description.. Date. August 1* 1994 Prepared by:. E.J. Hahamian, RC .13 , 318 Expires: March ch 31 , 1997 wss� 0A uj . 1 331 . 3- - OF C �i SIMG£ E X H / ,B / T B P L A 7' Oic 10R0 POSEj? PUSL/C R04Dmq y ABAiVDONMENT O q P0RrX)N(2r THE n/QRTHERLy S IX o�'� 5TEVEN5 CREEK BLVD: CITY OF CUPER71NO, CAUPOR41A DATE: AUGUST 16, 1'994 5CALEt l' 30' r � F ' lqo. Cl 3i -1 Lal 'A cra GMbm=P E =Mb 4 � dNN� qK 619 *I312�g N!9'St'3u�1/ -78 It 589'51'35 "E 96142 0 "t 01 1 I w - -- m„ Mon Lime I?OSA63M � STEVEN-5 CR'EEk L\1D.. r6 j perman*-ntat led ti �m o v' • _s tL Z %;�* ..? --- - - --- Ex isl;ne.3 ri Slit a way I i n per 11815 Ob R. t3? P %�as�d t'ightofWgy �cr lZO.S. 469 Wafs P.55 a �wl ��w I p ,Area. +o be AL)QnJor7ecl and to be refs +reed das c=. 'Pcblic S�cv�ce basement-• ,a', iiFi;4;�d i 1 ti �m o v' • _s tL Z %;�* ..? --- - - --- Ex isl;ne.3 ri Slit a way I i n per 11815 Ob R. t3? P %�as�d t'ightofWgy �cr lZO.S. 469 Wafs P.55 a �wl ��w I p ,Area. +o be AL)QnJor7ecl and to be refs +reed das c=. 'Pcblic S�cv�ce basement-• ,a', iiFi;4;�d i �--7 `f )^-- RESOLUTION NO. 9245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE THEREOF; NORTHERLY SIDE OF STEVENS CREEK BOULEVARD, NORTHERLY OF JANICE AVENUE WHEREAS, that certain roadway easement more particularly described in description and map attached hereto and made part hereof as Exhibits "A" and `B", is deemed unnecessary for present and prospective use; and WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq. of the Government Code of the State of California; and WHEREAS, it is in the public interest that the City Council initiates the vacation of said easement; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby declares its intention to vacate the aforesaid roadway easement; BE IT FURTHER RESOLVED: 1. That the 17th day of January, 1995, at 6:45 p.m. in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. 1 RESOLUTION NO. 9245 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of December , 1994, by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kim Marie Smith City Clerk 2 APPROVED: /s/ Wally Dean Mayor, City of Cupertino PROOF OF PUBLICATION (20M5 C.C.P) STATE OF CALIFORNIA County of Santa Clara I ani a citizen of the United States and a resi- dent of the county aforesaid; I am over the age of eighteen years, and not party or interested in the above -titled matter. I am the principal clerk of the CL'PE EN -0 COURIER 20465 Silverado Ave., Cupertino, Ca_''ornia, a newspaper of general circulation, printed every Wednesday in the city of Los Altos, California, County of Santa Clara; and which newspaper has been adjudged a newspaper of general cir- culation by the Superior Court of the County of Santa Clara, State of California, Case Number 328150; that the notice of which the annexed is a printed copy (set in type not smaller than non pared), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: �.'_1 in the year 19 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated Cupertino, California, this I 1907� Signafare -� '11 -lis space is for the Co ui-,ty Clerk's Filing stamp: PROOF OF PLBLICAXTON OF C� r: 1 �� _ r CITY OF CUPERTINO NOTICE OF PUBLIC HEARING VACATION OF ROADWAY EASEMENT NOTICE IS HEREBY GIVEN that at their regular meeting of Monday, January 17, 1995, the Cupertino City Council will conduct a public hearing to consider vacation of a roadway easement within the City of Cupertino pursuant to Section 50420 et seq. of the Government Code of the State of California. The property is located on the northerly side of Stevens Creek Boulevard, northerly of Janice Avenue. Council meets at 6:45 p.m., City Hall Council Chamber, 10300 Torre Avenue, Cuperti- no, California. Interested par- ties are invited to attend and be heard. If you wish to challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspon- dence delivered to the City of Cupertino City Hall at, or prior to, the public hearing. KIM M. SMITH CITY CLERK CITY OF CU- PERTINO Pub: 1-4-95 841-C