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CC Resolution No. 98-089RESOLUTION NO. 98-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF ST. JOSEPH AVENUE AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIX1NG TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FORNOTICE THEREOF WHEREAS, that portion of a city street known as St. Joseph Avenue, 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, 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. BEITFURTHERRESOLVED: 1. That the 18th day of May, 1998, 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; to law; That the aforesaid date is not less than 15 days from passage of this resolution pursuant 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 20~ day of April, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ~0NE ABSENT: NONE ABSTAIN: NONE BURNETT, DEAN, JAMES, STATTON, CHANG Mayor, City of Cupertino nrian Kan!ps Foulk April 15, 1998 BK.F .lob No. 960069-20 DESCRIPTION OF A PORTION OF A 25' WIDE ROADWAY EASEMENT · TO BE ABANDONED All that real property situate in the City of C'uperfino, County of Santa Clara, State of California being a portion of the Parcel 1E of the Lands of the Roman Catholic Bishop of San .lose as said lands are described in that certain Final Order.of Condemnation No. P8390 in the Superior Court of the State of California in and for the County of Santa Clara, Pal. Alto Branch, a copy of the instrument for which the decree was recorded September 7, 1965, in Book 7096 of Official Records, page lg3, Santa Clara County Records and a portion of that certain roadway easement recorded in that certain Irrevocable Offer to Dedicate Property for Street Purposes filed in the Office of the Recorder of the County of Santa Clara on May :20, 1994 in Book N451 at pages 1249-1262, inclusive, Santa Clara · County Records, being further described as follows:. BEGINNING at a point in thc centerline of said roadway easement at the southerly terminus of the course having a bearing of South 53 '43' 37" East, and a length of 189.70 feet and the beginning of a tangent curve to the right; thence along said curve having a radius of 600.00 feet, through a central angle of 4° 48' 01", an arc length of 50.27 feet to the TRUE POINT OF BEGINNING; thence continuing along saj.d, eur4~"fiaving a radius of 600.00 feet, through a central angle of 15° 38' 19", an arc length of 163.77 feet to the end of said roadway easement eenterline; thence continuing along said easement, South 56° 42' 43" West, a distance of 25.00 feet to the westerly line of said roadway easement and the beginning cfa non-tangent curve to the left from which point a radial line bears South 56° 42' 43" West; thence along said curve having a radius of 575.00 feet, through a central angle of 20° 26' 20", an are length of 205.12 feet; thence North 53° 43' 37" West, a distance of 189.70 feet to the beginning cfa tangent curve to the right; thence northerly along said curve having a radius of 725.00 feet, through a central angle of 120 45' Off', an arc length of 161.33 feet; thence Noah 40' 58' 37" West, a distance of 31.47 feet to the beginning cfa tangent curve to the right; thence along said curve having a radius of 425.00 feet, through a central angle of 1 $ ° 30' ,i6", an arc length of 137.32 feet; thence leaving said westerly line North 55° 49' 07" East, a distance of 10.12 feet to the beginning cfa non-tangent carve to the left from which point a radial line bears North 67' 44' 51" East; thence along said curve having a radius of 415.00 feet, through a central angle of 15° Exhibit "A" Page 1 of 2 5'~0 P~ice Avenue · Redwaod City. CA 94063 · {650) 482-G300 ,, FAX ISS0) 482-6399 f.-' ~ $6EgEo~O~9 ~-]no.~ SUgNU>~ NUI~ WU~:60 86, 9T ~dU Brian Kapgas hmlk Engineers · Sdfveyors · Planners · 4Y 2S", an arc length of 135.62 feei; thence South 40° 58' 37" East, a distance 0f31.47 feet to the beginning ora tangent curve to the lcfq thence along said curve having a radius of 715.00 feet, through a c~ntral angle of 12° 45' 00", an arc length of 159. l I feet; thence South 53 ° 43' 37" East, a distance of 189.70 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 585.00 f~et, through a central angle of 1 ° 26' 26", a distance of 14.71 feet to the beginning ora reverse curve from which point a radial line be~s North 37° 42' 49" East; thence along said curve having a radius orS0,00 feet, through a central angle of 37° 34' 57", an arc l~nglh of 32.80 feet; thence North 89° 52' 0g" West a distance orS.g9 feet to the TRUE POINT OF BEGINNING and containing 9837 square f~et more or less. The bearing North S1 ° I I'40" East of the of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41-, Santa Clara County Records, State of California is used as the basis of bearings. A plat showing the above described parcel is attached hereto and made a parr hereof as Exhibit This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. Expires: 3/31/2002 ,No. 6141 6,'8' d Exhibit "A" Pagc 2 of 2 540 Price Avenue · F~edwood City, CA 94063 · {850) 482-6300 · FAX (6501 482-6399 66~9~Bt~0S9 ~]no.:l SUON~N N~I~B W~:60 IRREVOCABLE Of'FER """"\ TO 0EDICAT~PROPER¥ FOR STREET PURPOSES (N4510,R. 1249-T262) RTION OF ROAOWAY ABANDONED LINE L1 L2 L3 LC L5 L6 CURVE C1 C2 C4 C5 C6 C7 C8 C9 C10 DIRECTION I DIC:TANC[ S 56'42'43" w 25.00' N 40'58'37" W 31.47' N 56'49'07' I~ 10.1~.' S 40'$8'37" 'E 51.47' S 53'45'37" E II)9.70' N ~g'52'08" W 5.8g' RADIUS I LENGTH 1 TANGENT 600.00' 214.04' 108.17' 600.00' 50.27' 25.15' 600.00' 153.77' 82,40' 575.00' 205.12' 103,66' 725,00' ~61,33' 81.00' 425.00' 137,32' 69.26' 415.00' 135.62' 68.4~' 715,00' 159.11' 79.88' 585,00' 14.71' 7.55' 50.00' 32B0' GROUND LEASE TO FORUM LIFECARE, INC. (K357 O.R. 1708) DELTA 20*26'20" 04'48'01' 15'38'19" 20'26'20" 12'4.5'00" 18'30'~,6" 1~'45'28' 12'43'00' 01'26'26" 37'34'57' ROMAN CATHOUC BISHOP OF SAN JOSE ~ '~', (2590 O.R. 95) % - POINT OF BEGINNING  TRue' POINT OF BEGINNING RO., CATHOUC mSHOP o; sAN (2590 O.R. 95) 6/6'd Subject 540 Price Avenue Redwood Cit~ CA 94063 Job No. 650/482-6300 650/482-6399 (FAX) By RA~DO ROADWAY EASEMENT ABANDONMENT EXHIBIT 'B" 960069-20 Dote ~15/98 Chkd.~ SHEET ~ OF 1 66E9EBt~OS9 >tql-10=l S~DNU~ NUI~.~ N~SP:60 S6, 9T ~dU 'o \ ROMAN CATHOLIC ;HOP OF SAN JOSE 540 Price Avenue Redwood City, CA 94065 6.50/482-6500 650/482-6399 (FAX) Subject VICINITY MAP Job No. 960069-20 ay RADO Dote 4/15/98. Chkd.~ SHEET 1 OF _.1