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Home My WebLink AboutCC Resolution No. 25-034 summarily vacating a portion of street along 21831 Hermosa Avenue (SCCR document)RECORDING REQUESTED BY City of Cupertino WHEN RECORDED, MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 25935524 Louis Chiaramonte Santa Clara County - Clerk -Recorder 01/27/2026 03:13 PM Titles: 1 Pages: 5 Fees: $0.00 Taxes: 0 Total: $0.00 1111 IN'�IVVII 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) SUMMARILY VACATING A PORTION OF STREET ALONG 21831 HERMOSA AVENUE APN: 357-16-107 RESOLUTION NO. 25-034 O Original 1 Conformed Copy RESOLUTION NO. 25-034 A RESOLUTION OF THE CUPERTINO CITY COUNCIL SUMMARILY VACATING A PORTION OF STREET ALONG 21831 HERMOSA AVENUE (APN 357-16-107) WHEREAS, the property owners of 21831 Hermosa Avenue made an application to the City of Cupertino to vacate a portion of street along his property, as described in Exhibit "A" and shown in Exhibit "B" (hereinafter the "Street Vacation Area"), to better facilitate a proposed development project within their private property; and WHEREAS, subdivision (a) of Section 8334 along with Section 8334.5 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a street if there is an excess right-of-way of a street not required for street purposes, and there are no public utility facilities located within the street; and WHEREAS, the Director of Public Works has determined the Street Vacation Area to be in excess, and that there are no public utility facilities located within the Street Vacation Area; and WHEREAS, a new public utility easement will be recorded concurrently over the Street Vacation Area; and WHEREAS, the City Council elects to proceed with a summary vacation of the Street Vacation Area pursuant to the provisions of Section 8335 et seq. of the Streets and Highways Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby: 1) Adopt the Resolution based upon all other evidence submitted, and makes the following findings: a. The Street Vacation Area is an excess right-of-way of street not required for street purposes, and b. There are no public utility facilities located within the Street Vacation Area. 2) Order that the Street Vacation Area shall be and hereby is summarily vacated based upon the findings made and the provisions of Section 8334(a) and 8334.5 of the Streets and Highways Code of the State of California. Resolution No. 25-034 Page 2 3) Direct the City Clerk to record at Santa Clara County Records this Resolution, including Exhibit "A" and Exhibit "B" attached hereto. 4) Declare the Street Vacation Area will no longer constitute a street from and after the date of recordation of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2025, by the following vote: Members of the City Council AYES: Chao, Moore, Fruen, Mohan, Wang NOES: None ABSENT: None ABSTAIN: None SIGNED: pc�►G�CA 06/03/2025 Liang dftao, Mayor Date City of Cupertino ATTEST: 06/03/2025 Kirsten Squarcia, City Clerk Date EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION 21831 Hermosa Avenue Cupertino, CA 95014 APN: 357-16-107 All that certain real property situated in the City of CUPERTINO, County of Santa Clara, State of California, described as follows; Being a portion of the easterly one-half of Lot 57, as said Lot is shown upon that Map entitled, "Subdivision A Monta Vista", as recorded in Book "P" of Maps, at Page 20, Santa Clara County Records, being a continuous strip of land of a uniform width of five (5) feet, and more particularly described as follows; BEGINNING at a point on the east line of said Lot 57, lying distant thereon North, 5.00 feet from the southeast corner thereof as shown on that Record of Survey recorded in Book 83 of Maps at Page 34, Santa Clara County Records; Thence along a line parallel to and 25.00 feet distant from the centerline of Hermosa Avenue as shown on said Record of Survey West, 50.08 feet; Thence leaving said parallel line North, 5.00 feet; Thence along a line parallel to said centerline of Hermosa Avenue East, 50.08 feet; Thence South, 5.00 feet to the POINT OF BEGINNING. Containing 250.40 square feet, more or less. Basis of Bearings: The bearing of the centerline of Hermosa Avenue (East) as shown on that certain Record of Survey, recorded in Book 83 of Maps at Page 34, Santa Clara County Records, was used as a basis of bearings for this description. All as shown on the plat marked Exhibit "B", attached hereto and made a part hereof. 25��NOS�RG\ cam' ([/'ROBERT Y. Roe Y. ang Date it WANG L.S. N No. 8931 Q 9AFCF 1.�F�Q, CA Page 1 of 2 BASIS OF BEARINGS THE BEARING OF THE CENTERLINE LINE OF HERMOSA A VENUE (EAST) AS SHOWN ON THA T CERTAIN RECORD OF SUR VEY RECORDED IN BOOK 83 OF MAPS AT PAGE 34, SANTA CLARA COUNTY RECORDS, WAS USED AS A BASIS OF BEARINGS FOR THIS PLAT - - EAST 50.08' _ ii i dN- dN- RECORD OF SURVEY cn rn BOOK 83, PACE 34 ofco cdo AREA OF RIGHT OF WAY VACA TION 250.40 SQ. FT. EAST NORTH 5.00' 50.08' SOUTH 5.00' - WEST - 5.00' 50.08' o o POINT OF �' o EAST (BASIS OF BEARINGS) - BEGINNING HERMOSA AVENUE LEGEND DEED LINE - - PROPERTY LINE STREET CENTERLINE ----- TIELINE PROJECT SITE STEVENS CREEK BL NOAAV 0 m Z 85 z m O m y McCLELLAN RD VICINITY MAP N.T.S -j 11 a � NO. 8931 OF 0 20 40 80 SCALE: 1"=40' DATE: 4/11/2025 �� RW ENGINEERING, INC. EXHIBIT "B'° SCALE 1'=40' CIVIL ENGINEERS LAND SURVEYORS PLAT TO ACCOMPANY LEGAL DESCRIPTION 505 ALTAMONT DRIVE. MILPITAS, CA 95035 FOR RIGHT OF WAY VACATION BY: RW (P) (408) 262-1899 (FAX) (408) 824-5556 21831 HERMOSA AVENUE SHEET 2 OF 2 rwengineering@gmail.com CUPERTINO, CA 95014