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CC Resolution No. 98-125RESOLUTION NO. 98-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING 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 WHEREAS, hearing on Resolution of Intention No. 98-089 was held on June 15, 1998, at a regular meeting 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 presemed, both oral and documemary, it appears to be in the best interest of the city to vacate the hereinafter described portion of a city street; and that said portion of said city street is unnecessary for present or prospective public street purposes; and WHEREAS, existing streets are adequate to handle present and future projected traffic; and WHEREAS, vacation is in conformation with the city's General Plan. NOW, THEREFORE, BE IT RESOLVED: 1. That all or any protests against the vacation of said portion of city street be and hereby are overruled and denied; 2. That said portion of St. Joseph Avenue described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED: That the City Clerk is hereby 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 ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15~ day of June, 1998, by the following vote: Vote AYES: NOES: ABSENT: NONE ABSTAIN: NONE Members of the City Council BURNETT, DEAN, JAMES, STATTON, CHANG NONE ATTEST: f'~PROVEg: ~ /~ f'~ Brian Kangae Feulk Engineers · Surveyors ,, Planners April 15, 1998 BKF Job 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 Cupertino, County of Santa Clara, State of California being a portion of the Parcel 1E of the Lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Final Order of Condernnation No. P8390 in the Superior Court of the State of California in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which the decree was recorded September 7, 1965, in Book 7096 of Official Records, page 183, 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 the 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 said curve having 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 centefline; 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 of a 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 arc length of 205.12 feet; thence North 53° 43' 37" West, a distance of 189.70 feet to the beginning ora tangent curve to the right; thence northeriy along said curve having a radius of 725.00 feet, through a central angle of 12° 45' 00", an arc length of 161.33 feet; thence North 40° 58' 37" West, a distance of 31.47 feet to the beginning ora tangent curve to the right; thence along said curve having a radius of 425.00 feet, through a central angle of 18° 30' 46", an arc length of 137.32 feet; thence leaving said westerly line North 58° 49' 07" East, a distance of 10.12 feet to the beginning of a non-tangent curve 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 18° Exhibit "A" Page 1 of 2 540 Price Avenue · Redwood City, CA 94063 · (650) 482-6300 · FAX (650) 482-6399 Brian Kangas Feulk Engineers · Surveyors · Planners 43' 28", an arc length of 135.62 feet; thence South 40° 58' 37" East, a distance of 31.47 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 715.00 feet, through a central angle of 12° 45' 00", an arc length of 159.11 feet; thence South 53 ° 43' 37" East, a distance of 189.70 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 585.00 feet, through a central angle of 1 o 26' 26", a distance of 14.71 feet to the beginning of a reverse curve from which poim a radial line bears North 37 ° 42' 49" East; thence along said curve having a radius of S0.00 feet, through a central angle of 37° 34' 57", an arc length of 32.80 feet; thence North 89° 52' 08" West a distance of 5.89 feet to the TRUE POINT OF BEGINNING and containing 9837 square feet more or less. The bearing North 81 ° 11'40" 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 part 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 BRADLEY A. BILBO EXR 3/31/02] No. Dated: Exhibit "A" Page 2 of 2 540 Price Avenue · Redwood City, CA 94063 · (650) 482-6300 · FAX (650) 482-6399 IRREVOCABLE OFFER TO DEDICATE PROPERY \ FOR STREET PURPOSES (N4510.R, 1249-1262) RTION OF ROADWAY EASEMENT TO BE ABANDONED LINE I DIRECTION L1 S 56'~-2'43" L2 N 40*58'37" L5 N 58'49'07" L4 S 40'58'37" L5 S 53'43'37" L6 N 89'52'08" DISTANCE 25.00' 31,47' 10.12' 31.~-7' 189.70' 5.89' CURVE I RADIUS I LENGTH I TANGENT C1 600.00' 214.04' 108,17' C2 600,00' 50,27' 25,15' C3 600,00' 163,77' 82,40' C4 575.00' 205.12' 105.66' C5 725.00' 161.53' 81.00' C6 425.00' 137,32' 69,26' C7 415.00' 135,62' 68.42' C8 715.00' 159.11' 79.88' C9 585.00' 14.71' 7,35' C10 50.00' 32.80' 17.01' GROUND LEASE TO FORUM LIFECARE. INC. (K587 O,R. 1708) ROMAN CATHOUC BISHOP OF SAN dOSE (2590 O.R. 95) ROMAN CATHOUC BISHOP OF SAN JOSE (2590 O. Ro 95) DELTA 20'26'20" 04'48'01" 15'38'19" 20'26'20" 12'45'00" 18'30'46" 18'43'28" 12'45'00" 01'26'26" 57'34'57" POINT OF BEGINNING TRUE POINT OF BEGINNING Subject 540 Price Avenue Redwood City. CA 94063 Job NO, 650/482-6300 650/482-6399 (FAX) By RADO ROADWAY EASEMENT ABANDONMENT EXHIBIT "B" 960069-20 Dote 4/15/98 Chkd. SHEET 1 OF 1 THE FORUM PORTION OF ROADWAY ~ ® O \ :HOMA~ C^THOLIC OP OF SAN JOSE \ \ 540 Price Avenue Redwood Cit~ CA 94065 650/482-6500 650/482-6399 (FAX) Subject VICINITY MAP Job No. 960069-20 By RADO Dote 4/15/98 Chkd. SHEET