E-735 Vacation of Roadway, 22279 Janice Way .... City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
CITY.:OF (408)777-3354
FAX(408)777-3333
CUP
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE January 5, 2004
SUBJECT AND ISSUE
Adopt Resolution No. 04,24, ordering the vacation of a portion of Janice Avenue.
BACKGROUND
At the southeast corner of the property at 22279 Janice Avenue there is a portion of the street
right-of-way that contains a change of grade sufficient to require the owner to build a small
retaining wall with railing behind the sidewalk. This portion of land, as shown and described in
Exhibits "A" and "B" of the attached resolutiola, is not needed for the public right-of-way of
Janice Avenue. Upon its vacation by the City, the portion of land will go back to the adjoining
landowner, who will then take on the responsibility for maintaining the wall and rail behind the
sidewalk.
On November 17, 2003, the City Council adop-ited Resolution of Intention No, 03-211, stating
Council's intention to vacate the aforementioned portion of land, and set January 5, 2004, as the
date of a public hearing at the end of which the Council will consider vacation of the portion of
land.
FISCAL IMPACT
There is no direct financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 04-��, ordering the vacation of a
portion of Janice Avenue.
Submitted by: Approved for submission to
/ e the City Council:
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
Printed on Re-cycled Paper
"SOLUTION NO. 04-240 DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A PORTION OF A ROADWAY EASEMENT WITHIN
THE CITY.OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; SHENG HWA HO AND
WEI TAI-FEN HO, 22279 JANICE AVENUE
WHEREAS, hearing on Resolution of Intention No. 03-211 was held on January 5, 2004, at a regular
meeting of the City Council at 10300 Torre Avenue, Cupertino, California;
WHEREAS, 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 be in the best
interest of the City to vacate the hereinafter described-portion of roadway easement; that said portion of said
easement is unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That any and all protests of the vacation of said portion of roadway easement be and hereby
are overruled and denied.
2. That certain portion of roadway easernent described and shown in Exhibits "A" and "B"
attached hereto and made part hereof,be and hereby is vacated.
BE IT FURTHER RESOLVED:
That the City Clerk 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, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5"'
day of January 2004,by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
M
GRANTOR: City of Cupertino, California
Grantees: Sheng Hwa Ho -and Wei Tai-Fen Ho, husband & wife.
All that certain real property situated in the City of Cuper-
tino, County of Santa Clara, State of California, being a portion
of lands of Sheng Hwa Ho and Wei Tai-Fen Ho as said lands are
described in Grant Deed recorded on March 7. 2003, Document No.
16868879, Santa Clara County Official Records, described as
follows:
Beginning at a point on. the Easterly line of said lands,
distant thereon N0016117"E 5.00 feet from the Southeasterly
corner thereof; thence along said Easterly line, continue
N0 016 ' 17"E 5.00 feet; thence along a line which is parallel with
the centerline of Janice Avenue arLd distant therefrom 30 feet,
right angle measure, S89 051 '47"W 1.6.00 feet; thence parallel
with said Easterly line, S0°16 ' 17 111W 5..00 feet; thence along a
line which is parallel with said centerline of Janice Avenue and
distant therefrom 25 feet, right F-ungle measure, N89 051 '47"E 16 .00
feet to the point of beginning.
Containing 80 square feet, more o]- less.
Refer to Exhibit "B" , Plat, which is hereby made a part of this
description.
Date: October 24, 2003
Prepared by: Edward J. Hahamian
Civil Engineer.
APN: 357-01-102
Address: 22279 Janice Ave. , Cupertino, CA
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AFFIDAVIT OF POSTING RESOLUTION NO. 03-211
DECLARING INTENTION TO VACATE A PORTION OF A ROADWAY
EASEMENT WITHIN THE CITY OF CUPERTINO-JANICE AVENUE
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
Kevin Rieden, being first duly sworn, deposes and says:
That he is a citizen of the United States and over the age of twenty-one years; _
That at the instance-of and for and on 1'oehalf of the City Clerk of the City of
Cupertino, he posted Resolution No. 03-211 at not more than 300�eet apart, and not less
then three in all; that said posting was fully completed on the dJ i day of -4 U-tylagir,
2003; that a copy of said resolution is hereto attached and by reference made a part
hereof
Subscribed and sworn to before me
this day of ` 2003.
Deputy City Clerk
¢' City Hall,
10300 Torre Avenue
"^ Cupertino, CA 95014-3255
mm Telephone: (408)777-3223
CITY' FAX: (408)777-3366
L lu,P E V I 5NO
grace]@cupertino.org
OFFICE OF THE CITY CLERK
MEMORANDUM
DATE: December 19, 2003
TO: Kevin Rieden
FROM: Grace Johnson, Deputy City Clerk
SUBJECT: POSTING OF VACATION RE'50LUTION NOS. 03-211
Please post the attached Resolution No. 03-211 and return the signed memo to me. You will need to
sign an affidavit of posting in my presence.
Attached are three (3) certified copies of the resolutions, which are to be posted no later than Friday,
December 26, 2003.
Thank you.
Posted by: _
Date: Z/2,3
(7�
Printed on Recycled Paper
RESOLUTION NO. 03-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER_A VACATION OF A PORTION OF A
ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO
SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, FIXING TIME AND PLACE FOF:PUBLIC HEARING AND PROVIDING FOR
NOTICE THEREOF; 222,:79 JANICE AVENUE
WHEREAS, that certain portion of 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 the provisions of Section 8320 et seq.
of the Streets and Highways Code of the State of Cali u:ornia; and
WHEREAS, it is in the public interests 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 5"' day of January, 2004, 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
17"' day of November 2003,by the following vote:
Vote Members of the City Council
AYES: Chang, James, Lowenthal,Kwok
NOES: None
ABSENT: Sandoval
ABSTAIN: None
ATTEST: PROVED:
9 �
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 03-211 DRAFT
A RESOLUTION OF THE CITY COUI1CIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDF?R A VACATION OF A PORTION OF A
ROADWAY EASEMENT WITHIN THE(CITY OF CUPERTINO PURSUANT TO
SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE'STATE OF
CALIFORNIA,FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR
NOTICE THEREOF; 22279 JANICE AVENUE
WHEREAS, that certain portion of 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 proceeld pursuant to the provisions of Section 8320 et seq.
of the Streets and Highways Code of the State of California; and
WHEREAS, it is in the public interests 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 5`" day of January, 2004, 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 1.5 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
17"'day of November 2003,by the following vote:
Vote Members of the CCi Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
e
EXHIBIT " A "
GRANTOR: City of Cupertino, California
Grantees: Sheng Hwa Ho and Wei Tai-Fen Ho, husband & wife.
All that certain real property situated in the City of Cuper-
tino, County of Santa Clara, StatEi of California, being a portion
of lands of Sheng Hwa Ho and Wei Tai-Fen Ho as said lands are
described in Grant Deed recorded on March 7. 2003, Document No.
16868879, Santa Clara County Official Records, described as
follows:
Beginning at a point on the Easterly line of said lands,
distant thereon N0016 ' 17"E 5.00 feet from the Southeasterly
corner thereof; thence along said -Easterly line, continue
N0016117"E 5.00 feet; thence along a line which is parallel with
the centerline of Janice Avenue and distant therefrom 30 feet,
right angle measure, S89°51 '47"W :16.00 feet; thence parallel
with said Easterly line, SO°16 ' 17"'W 5.00 feet; thence along a
line which is parallel with said centerline of Janice Avenue and
distant therefrom 25 feet, right angle measure, N89 051 '47"E 16 .00
feet to the point of beginning.
Containing 80 square feet, *more or less.
Refer to Exhibit "B" , Plat, which is hereby made a part of this
description.
Date: October 24, 2003
Prepared by: Edward J. Hahamian
Civil Engineer
APN: 357-01-102
Address: 22279 Janice Ave. , Cupertino, CA
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