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CC Resolution No. 8394 ;: ~. RESOIlJTION NO. 8394 A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF aJPERI'INO ORDERING VACATION OF A PORI'ION OF SCENIC CIRCLE Nr PAIM AVENUE AS PROVIDED IN SECl'ION 8320 El' SEQ. OF THE STREEl'S AND HIGHWAYS OODE OF THE STATE OF CALIFORNIA, REI'AINING IT AS A RJBLIC SERVICE EASEMENT AND SANITARY SEWER EASEMENT WHEREAS, hearing on Resolution of Intention No. 8364 was held on May 6, 1991, at a regular meeting of the City Council at 10300 '!brre Avenue, CUpertino, California; and 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 to the best interest of the City to vacate the hereinafter described portion of a City street; and that said portion of said City street is unnecessaJ:Y for present or prospective public street purposes, but is necessary to be retained as public service easement am sanitary sewer easement; am WHEREAS, existing streets are adequate to handle present and future projected traffic; and WHEREAS, vacation is in confo:rmance with the city's General Plan; NCM, THEREFORE, BE IT RESOLVED: 1. That all or arr;¡ protests against the vacation of said portion of City street be and hereby are overruled and denied; 2. That said portion of Scenic circle at Pa1lII Avenue described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be am hereby is vacated, but is retained as public service easement and sanitary sewer easement. BE IT FURIHER 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. RESOIlJI'ION NO. 8394 PASSED AND AOOPI'ED at City of CUpertino this following vote: a regular meeting of the city Council of the 6th day of May , 1991, by the vote Members of the citv Council AYES: Rogers, Sorensen, Szabo, Koppel NOES: None ABSENl': Goldmlan ABSTAIN: None APImVED: /s/ Barb Koppel Mayor, city of CUpertino A'ITEST: /~/ Dorothy Cornelius city Clerk FORMERLY CENTERLINE OF PALM AVE. III . .-- ~ ~ . .. ... . ~ ~ , I I ~Ç\ ,.. :'tï' -t'_ ,:Þ _ t.to'I_.. .. ~-..... toto. ~ ~. ~ ..., ,:Þ ~~O ~--'- ~.1'_t . It, ~..... .;. - '1" ...- '- - , EXHIBIT I , ZY I II All I I I I I \ I I ~J.~:~\n@)£ fd)~ ~g~:Mn ~ ~o"r 34- __ _ _,_ I ~'IJo~\rt,¡.\ W~ "m P,¡.\it,{ I c P)~\IJ J~ I I I I SCALE: I" II 10' .~ PROPOSED AREA TO BE VACATED (267SQ. FT) y r?o..13:._ N O· 07' 42" W SCE/·ÙC - (PER T-- CIRCL£C52' Rlw) RACT587 ' 3 383 M 5/.52) 4 ""-'" · '11· 58' I~'" PLAT MAP FOR VA CAT ION OF RIGHT- OF- WAY CUPERTINO ' CALIFORNIA ~ - --+ -- N O· 07'42" W - (!) ..'. , / ~~~NEE~~~L~~ERING , , 26229 Eden landing Road. Suite 2 ' Hayward. California 94545 ' Phone (415) 887-4'086 FAX (415) 687·3019 '~ ~6rp~'",~~P·,:~',·.'·~,·'T A" 90246 ~ "."i" ".' . Lí~~~~~... ' , ',¡ ;¡ ~~~Nfe~~~L~~ERING \ 26229 Eden Landing Road, Suite 2 Hayward. California 94545 Phone (415) 887-4086 FAA (415) 887-3019 LEGAL DESCRIPTION Vacation of Right-of-Way All that certain real property situate in the CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, described as follows: Beginning at a point on the Easterly line of Lot 34 as shown on the map of "Mont a Vista Park", recorded in Book "P" of Maps at Page 19, Santa Clara County Records, said point being the South- erly terminus of that certain course shown as North O' 07' East (said bearing being taken as North O' 07' 42" West for purposes of this description), lOO.12 feet on said map; thence following said Easterly line of Lot 34, along the arc of a tangent curve to the right with a radius of l5,00 feet, through a central angle of 90' 00' 00", an arc distance of 23,56 feet to the Northeast corner of that certain parcel, formerly Palm Avenue, described in Lot Line Adjustment Resolution No. 8202, recorded August 14, 1990, Instrument No. l0622652, Santa Clara County Records; thence along the Easterly line of said parcel South 0' 07' 42" East, 20.00 feet to a point on the former centerline of Palm Avenue; thence along said former centerline. North 89" 52' 18" East, 7.92 feet to a point distant 26.00 feet at right angles from the centerline of Scenic Circle as shown on the map of Tract 5873, recorded in Volume 383 of Maps at Pages 51 and 52, Santa Clara County Records: thence from a tangent bearing North 22' 45' 25" East, along the arc of a curve to the left with a radius of 90.00 feet distant 26.00 feet at right angles from said cen- terline of Scenic Circle. through a central angle of 22' 53' 07", an arc distance of 35.95 feet to the point of Beginning. Containing 267 square feet, more or less. "Ij"'" ~ç~, r,,"n','J', n, if,' G', .J " \;1£""')" I " t þ,' 1'::, 'i ,.' '\ , .¡¡\ [,1:i "";''',IJ ¡\ iJI 'U.ÍI! ~ """"I t¡,j ~ ,}J