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CC Resolution No. 9834- RESOLUTION NO. 9834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF RICARDO ROAD LOCATED AT 22530 RICARDO ROAD, RETAINING PUBLIC UTILITY EASEMENT AS PROVIDED IN 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 WHEREAS, that portion of a City street known as Ricardo Road and more particularly described in description and map attached hereto and made part hereof as Exhibits "A" and "B", respectively, is unnecessary for present or prospective public street purposes; and WHEREAS, it is the intent to retain the public utility easement; 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 deemed to be in the public interests that the City Council elects to proceed to order said vacation; NOW, THEREFORE BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portion of City street. BE IT FURTHER RESOLVED: 1. That the 16th day of June, 1997, 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 5th day of May, 1997, by the following vote: Resolution No. 9834 Page 2 Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Burnett, Chang, Dean, Sorensen, Bautista None None None ATTEST: APPROVED: /~yiayor, t.~ty o~ t~upemno LEGAL DESCRIPTION FOR STREET VACATION A STRIP OF LAND THIRTY (30.0') FEET WIDE, IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF 9TH ADDITION MONTE VISTA" RECORDED APRIL 11, 1917 IN BOOK P OF MAPS, PAGE 16 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SANTA CLARA COUNTY. THE MOST NORTHERLY LINE OF SAID THIRTY FOOT (30.0') WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND TWENTYSEVEN FEET (27.0') EASTERLY FROM THE WESTERLY LINE OF SECTION (LOT) 61 AND THE CENTERLINE OF RICARDO ROAD AS SHOWN ON SAID MAP, THENCE NORTH 88° 05' 17" EAST 145.7 FEET ALONG SAID CENTERLINE TO THE EASTERLY BOUNDARY OF SAID MAP. THE SOUTHERLY LINE OF SAID THIRTY FOOT (30.0') STRIP OF LAND IS TO BE LENGTHENED OR FORESHORTENED SO AS TO TERMINATE WESTERLY AT SAID LINE PARALLEL WITH AND TWENTYSEVEN FEET (27.0') FEET EASTERLY FROM THE WESTERLY LINE OF SAID SECTION (LOT) 61 AND TO TERMINATE EASTERLY AT THE EASTERLY BOUNDARY OF SAID MAP. RESERVING HEREFROM FOR THE COUNTY OF SANTA CLARA, THE CITY OF CUPERTINO OR ITS SUCCESSOR, AGENCIES AND ASSIGNS THE UTILIZATION OF THE DESCRIBED AREA FOR PUBLIC UTILITY PURPOSES. SAID PUBLIC UTILITY EASEMENT (PUE) TO BE KEPT OPEN AND FREE FROM BUILDINGS AND ANY STRUCTURES EXCEPT LAWFUL FENCES, WALLS, OVERHANGS AND IRRIGATION LINES. SAID DESCRIPTION SHOWN ON THE ATTACHED EXHIBIT A AND BY REFERENCE MADE A PART HEREOF. BRUCE R. STORRS L.S. 6914 MY LICENSE EXPIRES SEPTMEBER 30,1997 THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY SUPERVISION. TS/NOWACK CONSULTANTS, INC. 2775 PARK AVENUE SANTA CLARA, CA 95050 (408) 243-4066 EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL TO BE VACATED IN THE CITY OF CUPERTINO, COUNTY OF' SANTA CLARA, STATE OF CALIFORNIA Y PARCEL C RICARDO ROAD .,OST WESTERLY OF SECTION (LO~ 61 PER BOOK P PAGE 16 OF MAPS J 27.0' I , 88'05'17"E 145.7' 30.0 22530 RICARDO RD. APN 356-001-008 OWAOKI} CONSULTANTS CML ENGINEERS/SURVEYORS/PLANNERS PARK AVENUE, SANTA CLARA, CA 95050, 408.24~.4086 1"=40' /,/~ = AR-------------------EA TO BE VACATED AREA OF VACATION = 4371 SQ.