CC Resolution No. 8068
RESOII7l'IOO NO. 8068
A RESOII7l'IOO OF 'nIE CITY CXXJNCIL OF THE CITY OF aJPERl'INO
ORDERING VACATIOO OF A KlRI'IOO OF ]'NY"TF.T:Tl\N BCAD NORm OF MADRID
BCAD AS PROVIDED lli SElCTIOO 8320 EI' SE;;!. OF 'nIE STREEI'S AND HIGHWAYS
CODE OF THE SI'ATE OF CALIroRNIA, REI'AINING IT AS RJBLIC UTILITY
EASEMENT, RJBLIC SERVICE EASEMENT, SANITARY SEWER EASEMENT,
AND PACIFIC BELL EASEMENT
WHEREAS, hearin;J on Resolution of Intention No. 8048 was held March
19, 1990, at a regular meetin;J of the City Council at 10300 Torre 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 d=umentaJ:y, it
appears to be to the best interest of the city to vacate the hereinafter
described portion of a City street is unnecessary for present or
prospective public street puzposes, but is necessazy to be retained as
public utility easement, , public service easement, sanitaJ:y sewer
easement, and Pacific Bell easement as follC1tlS:
EXL:t:r' !'.LNG AND RESERVmG ~MA'i roRSUANT TO THE PROVISIONS OF
Section 8340 of the street and Highways Code and for the benefit of
Pacific Bell, the permanent easement and the right at any time or from
time to time to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, con:tuits, cable, wires, poles and other
convenient structures, equipnent and fixtures for the operation of
telegraphic and telephone lines and other camnnmications facilities,
including access and the right to keep the property free from
inflammable materials and ~ grcMth, and otherwise protect the same
from all hazards, in, upon, a<ler and across that portion of McClellan
Road or parts thereof.
WHEREAS, existin;J streets are adequate to harxlle present and future
projected traffic; and
WHEREAS, vacation is in conformance with the City's General Plan;
MOO, 'IHEREFORE, BE IT RESOLVED:
1. '!hat all or any protests against the vacation of said portion of
City street be and hereby are overruled and denied.
2. '!hat said portion of M::Clellan Road described and shown in
Exhibits "A" and "B" attached hereto and made part hereof, be and hereby
is vacated, but is retained as aforementioned easements.
RESOIm'ION NO. 8068
BE IT FURI'HER 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 AOOP!'ED at a regular meetin;J of the city Council of the
City of CUpertino this 19th day of March 1990, by the
following vote:
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOFS: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, city of CUpertino
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I5<G AREA TO BE
~ ABANDONED
IIEXHIBIT All
I:' Or' _I"':'" U 1:.7....
1\ ...' \." _~
N'LY LINE
OF LOT 26
EA T
TO BE DEDICATED
FOR STREET PURPOSES
356-08-028
LOT 26
"MAP OF COLONY .
TRACT MONTA VISTA"
BOOK P OF MAPS,
PAGE 21
WEST
r·..· I If'
.- l-. : ¡) ,-I
S'LY LINE
OF LOT 26
J
PROPOSED 'ABANDMENT
. OF
A PORTION OF
McCLELLAN, ROAD
CITY OF CUPER:rINO, CALIFORNIA
,JenninQs·McDermott· Heisst inc.
civil enlJineers and 'land plamer.
SAN JOSE CALI FORNIA
.11 _AI
.... .---
·"
.
"EXHIBIT"B"
DESCRIPTION
DEING A POR'rION 0.' McCLELI.AN ROAD AS SHOWN ON TIIAT CER1'AIN MAl' RN'!'l"!'LED
"MAP OF COLONY 'rRAc'r MON'rA VISTA" WIIICH WAS FILED FOR RECOIt ) IN TilE' 'OFF LCE
OF TilE RECOIWER OF 'rilE COUNTY OF SANTA CLARA,'S'l'A'fE OF CALU'ORNIA, ON
APRIL II, 1917, IN BOOK P OF MAPS, AT PAGE 21 AND BEING DESCRIBED AS
FOLLOWS:
,".
BEGINNING A'f THE SOU'l'UWES'l' CORNER OF SAID LOT 26: TUENCE WEST ALONG THE
WESTERLY EXTENSION OF SAlD LOT 26, 211.40 FEET TO A POlNT ON TilE ROUTHEASTERLY
PLAN LINE OF McCLELLAN ROAD, 60 FEET WIDE, SAID POINT LYING ON A CURVE BEING
CONCAVE TO THE NOR'l'HWEST, HAVING A RADIUS OF 280.00 FEÈT: THENCE NORTHEASTERLY
ALONG SAlD CURVE THROUGH A CENTRAL ANGLE OF 13°20'35" AN ARC LENGTH OF 65.21
FEET TO THE ORIGINAL EASTERLY LINE OF McCLELLAN ROAD, 40 FEET WlUE, ALSO
BElNG THE WESTERLY LINE OF SAID LOT 26: THENCE SOU'rIl ALONG SAID AFORE
MENTIONED WESTERLY LINE 60.31 FEET TO THE POINT OF BEGINNING AND CONTAINING
APPROXIMATELY 654 ßQUARE FEET. '
J.M.H. '3093
JANUARY 1990
McCLELLAN ROAD ABANDONMENT
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