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