09. Intent to vacate 22605 Ricardo Rd.PUBLIC WORKS DEPARTMENT
CUPERTINO
I;61111VA16 01i1
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3354 www.cupertino.org
STAFF REPORT
Agenda Item No. 9
Meeting Date: August 3, 2010
Subi ect
Vacate a Portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road.
Recommended Action
Adopt Resolution No. 10- , expressing the intent to vacate a portion of City right of way on
Stevens Canyon Road at 22605 Ricardo Road.
Description
The owner of the parcel at 22605 Ricardo Road petitioned the City to vacate a portion of the existing
Stevens Canyon Road right of way adjacent to his property that is no longer needed for roadway
purposes. Harold "Bud" Barclay applied to the City of Cupertino requesting that the City consider
vacating a portion of the existing Stevens Canyon Road public road right of way.
Once vacated, the area would become part of the Barclay parcel at 22605 Stevens Canyon Road. The
resulting Stevens Canyon Road right of way, after the requested vacation, will create a better
alignment to the existing roadway.
On June 1, 2010, Council adopted a resolution o:fintention to vacate the aforementioned right of way,
the City posted and published appropriate notice of that intention, as well as of and the date, time, and
place of the public hearing to consider that intention, pursuant to the provisions of Section 8320 et
seq. of the California Streets and Highways Code.
On July 20, 2010 the Council considered the above item to Vacate a Portion of City Right of Way on
Stevens Canyon Road at 22605 Ricardo Road. During consideration of the item, it was requested by
the Council that a five -foot wide pedestrian access easement, along Stevens Canyon Road, be
reserved. The staff was directed to re- notice the action to include this pedestrian easement. This
action complies with that Council direction.
If Council adopts the resolution of intention to vacate the aforementioned right of way, the City will
post and publish appropriate notice of that intention, as well as the date, time, and place of the public
hearing to consider that intention, pursuant to the provisions of Section 8320 et seq. of the California
Streets and Highways Code. If the City Council finds after due consideration of all of the evidence
submitted that the right of way described in the notice of hearing is unnecessary for present or
prospective street purposes, then it may adopt a resolution vacating that right of way, reserving and
excepting there from a public utilities easement znd a five -foot wide pedestrian access easement,
pursuant to Section 8324 of the California Streets and Highways Code.
57
August 3, 2010 Cupertino City Council Page 2
Adoption of the resolution will authorize the Clerk to record the executed original resolution in
the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no longer
be a public street or highway, but will contain a public utilities easement and a pedestrian access
easement retained by the City.
Sustainability Impact
None.
Fiscal Impact
None.
Prepared by_ Glenn Goepfert
Reviewed by: Ralph A. Qualls, Jr.
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A- Resolution
B - Map
W.,
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
EXPRESSING THE INTENT TO VACATE A PORTION OF CITY RIGHT OF WAY ON
STEVENS CANYON ROAD AT RICARDO ROAD
WHEREAS, Harold "Bud" Barclay made application to the City of Cupertino to vacate right of
way on Stevens Canyon Road at 22605 Ricardo Road as shown and described on the attached map and
description, both of which are made a part hereof a:; Exhibit A and Exhibit B; and
WHEREAS, the Director of Public Works has determined that there will be no further public
need for said right of way if both a public utilities easement over said right of way is reserved, and a
five -foot wide pedestrian access easement, along Stevens Canyon Road, is reserved as a condition of
the vacation of said road right of way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby expresses its intent to vacate the portion of public road right of way adjacent to the land at
22605 Ricardo Road, as shown and described on th attached map and description.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino
that the City Clerk is hereby directed to publish notice of this resolution and set a date for a public
hearing as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 3 rd day of August 2010, by the following votes:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
0 1
Mayor, City of Cupertino
59