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E-763 Vacation of Roadway, 10588/10590 Santa Lucia Rd City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 (408)777-3354 CITY©F FAX(408)777-33.33 CUP E kT I N 0"" PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE June 16, 2003 SUBJECT AND ISSUE Vacation of a roadway easement located at 10588/10590 Santa Lucia Road BACKGROUND The roadway easement being considered for abandonment is located at 10588/10590 Santa Lucia Road. This easement is considered excess and no longer needed by the City and the property owner has requested vacation of said easement. All utility agencies affected by the proposed vacation have been contacted and there is no obj ection. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 03- l 2 Z , ordering vacation of the roadway utility easement. Submitted by: Approved for submission: Ralph A. Qualls, Jr. David W. Knapp Director of Public Works City Manager Printed on Recycled Paper l �` DRAFT RESOLUTION NO. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION 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; 10588/10590 SANTA LUCIA ROAD WHEREAS, hearing on Resolution of Intention No. 03-096 was held on June 16, 2003, 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 that certain portion of roadway easement 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 16th day of June, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Legal Description Easement A portion of Lot 105, as shown on the map titled "Map of Inspiration Heights Monta Vista" filed in Book "P" of Map:I, at page 13, in the office of the Recorder of the County of Santa Clara, (California, more particularly described as follows: The East 5.00 feet of the West 10.00 feet of Lot 105,-described as: Beginning at a point on the North line of said Lot 105 from which point the Northwest comer of Lot.105 lies N 89'40'00" W 5.00 feet; thence from said point of beginning, continuing on the North line of Lot 105 S 89 140'00" E 5.00 feet; thence leaving said North line, South 100.12 feet, parallel with the West line of Lot 105 to a point on the South line of Lot 105 from which the Southwest corner of Lot 105 lies N 89° 10'00" W 10.00 feet; thence on said South line N 89°40'00" W 5.00 feet; thence North 100.12 feet to the point of beginning, containing 500.6 square feet. Lis.P.!`f � .� :war i QRp r� E n C JAHN 6 �. m f ad i'6®• 93 CAL%� o` ( 7-3 r r SKETCH TO ACCOMPANY LEGAL DESCRIPTION 10588/10590 %'3ANTA LUCIA ROAD o CUPERTINO 1 BEING ALL OF LOT 105, MkP OF N PiRAMN HBGHTS N FLED Qd BOOK P OF MAPS AT PAGE 13 j APX 342-16-084 0 - SANTA CLARA, COUNTY, CALIFORNIA N � I N 89040'00" W 88.87' 20' 10.00' `! .78.87 5.00' 5.00 ZI i I o o o I o L01' 105 5.00 5.00' 78.88' 10.00' N 89.40'00" YV 88.88' z LAND _ R L No. CA -J ® 4493 c7 D Exp. 9/30/06 of c DRAFT RESOLUTION NO. 03-096 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 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: 10588/10590 SANTA LUCIA ROAD 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 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 thaat 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 16th day of June, 2003, 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 cc:)py 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 19th day of May, 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City-Clerk Mayor, City of Cupertino � I Legal Description Easement A portion of Lot 105, as shown on the map titled"Map of Inspiration Heights Monta Vista" filed in Book"P"of Maps, at page 13, in the office of the Recorder of the County of Santa Clam, California,more particularly described as follows: The Fast 5.00 feet of the West 10.00 f+l-et of Lot 105, described as: Beginning at a point on the North line (Df said Lot 105 from which point the Northwest comer of Lot 105 lies N 89"40'00" W 5.00 feet; thence from said point of beginning, continuing on the North line of Lot lay S 89°40'00"E 5.00 feet;thence leaving said North litre, South 100.12 feet,parallel with the West line cif Lot 105 to a point on the South line of Lot 105 from which the Southwest corner of Lot 105 lies N 89'40'00"W 10.00 feet; thence on said South line N 89'40'00"W 5.00 feet;thence North 100.12 feet to the point of beginning, containing 500.6 square feet. E R AHN No" 448� C �e 'o� V ' a , SKETCH °CO ACCOMPANY LEGAL DESCFU 710N Z 10588/105K, SANTA LUCIA ROAD 0 � JPERT®VO eENG U, ALL OF LOO 1CA'MAP OF DEPRAT10111 HEX*M w FLeDINooc.K P or-MAPSATPAr6aE13 AFR 342-18-084 SANTA CLAW COUNTY, CALFORNA I N OW40'00" w 86.870 a' 10.00' MEMO 5.00' 5.00 LOT 105 r,raJ 5.00' 5.00' 78.88' 10.00' N S8'40100" W 88.88' 9L z No con d4S3 00 Exp. • C� � 3 AFFIDAVIT OF POSTING RESOLUTION NO. 03-096 DECLARING INTENTION TO VACATE A PORTION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) Kevin Rieden, being first duly sworn, deposes and says: That he is a citizen of the United Staten and over the age of twenty-one years; That at the instance of and for and on behalf of the City Clerk of the City of Cupertino, he posted Resolution No. 03-096 at not more than 30Pfeet apart, and not less then three in.all; that said posting was fully completed on the .-�-day of 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 Oak,,_Q_ , 2003. Deputy City Clerk f u City Hall, 10300 Torre Avenue Cupertino,CA 95014-3255 CITE 'F Telephone: (408)777-3223 0 10 FAX: (408)777-3366 curEkTIN gracej @cupertino.org OFFICE OF THE CITY CLERK MEMORANDUM DATE: May 28, 2003 TO: Ralph Qualls, Director of Public Works FROM: Grace Johnson, Deputy City Clerk SUBJECT: POSTING OF VACATION RESOLUTION NOS. 03-096 Please have Kevin Rieden post the attached Resolution No. 03-096 and return the signed memo to this department. He 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, June 6, 2003. Thank you. Posted by: Date: -O Printed on Recycled Paper