14. Vacating rights of way
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777.3354
FAX (408) 777-3333
CITY OF
CUPEIUINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM ~ 0-
AGENDA DATE December 6. 2006
SUBJECT AND ISSUE
Adopt Resolution No. 06- 1 c I ,Vacating a Portion of City Right of Way on McClellan Road
at Madrid Road.
BACKGROUND
Roger Low and Jinling Low applied to the City of Cupertino to develop land at 21988 McClellan
Road, adjoining the intersection of McClellan Road and Madrid Road. As part of that
application, Roger Low and Jinling Low requested that the City consider vacating a portion of
the adjacent existing McClellan Road public road right of way, as shown and described on the
attached map and description. Once vacated, the area would become part of the Low parcel.
The resulting McClellan Road right of way after the requested vacation would better match the
existing McClellan Road alignment. However, because there are overhead utility facilities
within the requested vacation area, a public utilities easement over the area of the requested
vacation will still be needed and should be reserved as a condition of vacation of the right of
way.
On November 6, 2006, Council adopted a resolution of intention to vacate the aforementioned
right of way, and the City has posted and published appropriate notice of that intention, as well
as of the date, time, and place of tonight's 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 the all 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 the attached resolution vacating that right of way, reserving and excepting
therefrom a public utilities easement, pursuant to Section 8324 of the California Streets and
Highways Code. Adoption of the resolution will authorize the City 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 retained by the City.
Printed on Recycled Paper
It.{ 0.--1
FISCAL IMPACT
There is no fiscal impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 06- J...n\ ,Vacating a Portion of
City Right of Way on McClellan Road at Madrid Road.
Submitted by:
Approved for submission:
AJ>
~
David W. Knapp
City Manager
...a-Ralph A. Qualls, Jr.
Director of Public Works
Attachments: Resolution
Exhibit A, Legal Description
Exhibit B, Map
Iya-J.-
DRAFT
RESOLUTION NO. 06-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
V ACA TING A PORTION OF CITY RIGHT OF WAY ON
MCCLELLAN ROAD AT MADRID ROAD
WHEREAS, Roger Low and Jinling Low, husband and wife, made an application to the
City of Cupertino to pursue a future parcel map at 21988 McClellan Road; and
WHEREAS, Roger Low and Jinling Low, husband and wife, also made application to the
City to vacate public road right of way adjacent to the land at 21988 McClellan Road, as shown
and described on the attached map and description, both of which are made a part hereof; and
WHEREAS, the Director of Public Works has determined that there will be no further
public need for said right of way if a public utilities easement over said right of way is reserved
as a condition of the vacation of said road right of way; and
WHEREAS, the City Council did, on the 6th day of November 2006, adopt a resolution of
intention to vacate the aforementioned right of way, and the City Clerk has posted signs and
published notice declaring said intention, and the date, time, and place of a public hearing to
consider said intention, pursuant to the provisions of Section 8320 et seq. of the California
Streets and Highways Code; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the
City Council finds, from the all the evidence submitted, that the right of way described in the
notice of hearing is unnecessary for present or prospective street purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby conditionally vacates the portion of public road right of way adjacent to the land at 21988
McClellan Road, as shown and described on the at,tached map and description, reserving and
excepting therefrom a public utilities easement, including the easement and right as set forth in
Sections 8340 and 8341 of the California Streets and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Cupertino that the City Clerk is hereby authorized 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,
IL/Cl-3
Resolution No. 06-201
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of December 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
lL{~-'-I
~-Hl~l"T A.
Portion of McClellan Road Rights of Way to be Vacated
All that real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Beginning at the street monument at the center of cul-de-sac of Madrid Road a shown on
the Parcel Map recorded in Book 510 of Maps at Page 2, Santa Clara County Records;
thence along the centerline of Madrid Road North 0 Degrees 00 Minutes' 25 Seconds
East a length of90.12 feet; thence leaving said centerline North 89 Degrees 45 l\1.inutes
50 Seconds East a length of25.00 feel to the easterly rights of way line of Madrid Road;
thence along said rights of way line North 0 Degrees 00 Minutes 25 Seconds West a
length of 66.46 feet to the True Point of Beginning; thence along continuation of the
easterly rights of way North 0 Degrees 00 Minutes 25 Seconds West a length of 23.96
feet to the beginning of tangent curve to the right; thence 1 I . 13 feet along the curve,
said curve having a radius of20.00 feet and delta 31 Degrees 52 Minutes 55 Seconds to a
point of reverse curve; thence 18.58 feet along a reverse curve to the left, said curve
having a radius of285.00 feet and delta 3 Degrees 44 Minutes 10 Seconds; thence
leaving the prolongation of easterly right of way line North 89 Degrees 59 Minutes 35
Seconds East a length of 18.70 feet to the existing easterly rights of way line; thence
along said rights of way line South 0 Degrees 00 Minutes 00 Seconds West a length of
22.44 feet to the beginning of tangent curve to the rights; thence 22.40 feet along the
curve, said curve having a radius of20.00 feet and delta 64 Degrees II Minutes 30
Seconds; thence South 64 Degrees 11 Minutes 05 Seconds West a length of 18.04 feet to
the beginning of tangent curve to the left; thence 4.20 feet along the curve, said curve
having a radius ofI5.00 feet and delta 16 Degrees 00 Minutes 38 Seconds, to the True
Point of Beginning of this description.
7
Containing 1,156 sq. ft. more or less.
VVESTLUL ENGINEERS. INC.
{L{a-S-
?
FD. SID. aTY MONUMENT ~ ~
"0
o
o
z
CURVE TABLE
CURVE
Cl
C2
C3
C4
C5
DELTA
31.52'55'
16.00'38'
64.11'30'
64.11 '3D'
3.44'10'
';q-
v
~ ./ FD. 3/4"I.P. OPEN.
'27.87' (2) /'
I 27.88
LENGTH
11.13
4.19
16.81
22.40
18.58
RADIUS
20.00
15.00
15.00
20.00
285.00
Q/
~
~,,~'rv~
~~h~~
FD. SID. OTY MONUMENT '-.I CS
/;V Ol
Vi I~C'
&/ ~
~c;/
N O-oO'25"W
, ,/
23.96 / ~'O1'
~ \\'0.
1 Af.\?1"~
V ~fJ
in
('oj
- ,..:.
~r-
('oj
N
~I
o
N
0:::0
o 10l/ FD. SID. CITY MONUMENT
<( POINT OF BEGINNING
Ll
A PLAT TO ACCOMPANY A
t::-r.t\ \ ~ \ P
1 "==40'
ROW TO BE
VACA TED
1.156 sq. ft.
589"59'.35.W 164.25'
2
195.25'
589'45.50 W 200.25
2005- 085
(l{Ct-~
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CITY OF
CUPEIUINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
/46
AGENDA DATE December 6.2006
SUBJECT AND ISSUE
Adopt Resolution No. 06- '10)... ,Vacating a Portion of City Right of Way on Dolores Avenue
at Byrne Avenue.
BACKGROUND
Allen K. Hsu and Cindy S. Hsu applied to the City of Cupertino to develop land at 21926
Dolores Avenue. As part of that application, Allen K. Hsu and Cindy S. Hsu requested that the
City consider vacating a portion of the adjacent existing Dolores Avenue public road right of
way, as shown and described on the attached map and description. According to the Monta Vista
Specific Plan, the portion of the Dolores Avenue right of way the applicants have requested that
the City consider vacating may be considered excess right of way. Once vacated, the area would
become part of the Hsu parcel.
The Monta Vista Specific Plan calls for the right of way of Dolores Avenue to be 50 feet in total
width. Currently, the Dolores Avenue right of way adjacent to 21926 Dolores Avenue is 55 feet
wide, with the extra five feet beyond the 50 feet called for in the Specific Plan located on the
south side of the street adjacent to 21926 Dolores Avenue. This five-foot strip is the portion of
right of way that the applicants have requested that the City consider vacating. Adequate street
improvements can be constructed within the 50-foot-wide right of way that would remain after
the vacation. Given the opportunity to comment, the utility companies have voiced no objection
to the requested vacation of right of way. Staff has determined, therefore, that there will be no
further public need for the additional right of way.
On November 6, 2006, Council adopted a resolution of intention to vacate the aforementioned
right of way, and the City has posted and published appropriate notice of that intention, as well
as of the date, time, and place of tonight's 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 the all 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 the attached resolution vacating that right of way, pursuant to Section 8324 of the
California Streets and Highways Code. Adoption of the resolution will authorize the City 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.
Printed on Recycied Paper
I<-{ ~- J
FISCAL IMPACT
There is no fiscal impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 06- lD 1. ,Vacating a Portion of
City Right of Way on Dolores Avenue at Byrne Avenue.
Submitted by:
Approved for submission:
C~~,
ft~ Ralph A. Qualls, Jr.
Director of Public Works
.401:>
U\1L
David W. Knapp
City Manager
Attachments: Resolution
Exhibit A, Legal Description
Exhibit B, Map ,
(L{ h- ~
RESOLUTION NO. 06-202
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
V ACA TING A PORTION OF CITY RIGHT OF WAY ON
DOLORES A VENUE AT BYRNE A VENUE
WHEREAS, Allen K. Hsu and Cindy S. Hsu, husband and wife as joint tenants, made
application to the City of Cupertino to develop land at 21926 Dolores Avenue; and
WHEREAS, Allen K. Hsu and Cindy S. Hsu, husband and wife as joint tenants, also
made application to the City to vacate public road right of way adjacent to the land at 21926
Dolores A venue, as shown and described on the attached map and description, both of which are
made a part hereof; and
WHEREAS, the Director of Public Works has determined that there will be no further
public need for said right of way; and
WHEREAS, the City Council did, on the 6th day of November 2006, adopt a resolution of
intention to vacate the aforementioned right of way, and the City Clerk has posted signs and
published notice declaring said intention, and the date, time, and place of a public hearing to
consider said intention, pursuant to the. provisions of Section 8320 et seq. of the California
Streets and Highways Code; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the
City Council finds, from the all the evidence submitted, that the right of way described in the
notice of hearing is unnecessary for present or prospective street purposes.
NOW, THEREfORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby vacates the portion of public road right of way adjacent to the land at 21926 Dolores
A venue, as shown and described on the attached map and description, pursuant to the provisions
of Section 8320 et seq. of the California Streets and lfighways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Cupertino that the City Clerk is hereby authorized 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.
Ie( b- 3
Resolution No, 06-202
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of December 2006 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN :
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
i'-l b-- L{
"EXHIBIT A"
PROPOSED STREET VACATION
21926 DOLORES AVENUE
CUPERTINO, CALIFORNIA
SEPTEMBER, 2006
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follow:
All the property line adjustments are contained in Lot 155 as sho'\VIl. upon the Map of
Subdivision" A "Monte Vista, which Map was filed for record in the office of the Recorder of
the County of Santa Clara, State of California, on April 11 th , 1917 in Book "P" of Maps, Page
20, and a Resolution No. 03-075 of the City Cow1cil of the City of Cupertino making
determination and approving the Annexation oftenitory designated "Dolores Avenue 02-04" and
more particularly described as follow:
Beginning at the point of the Northeast comer of Lot 155 as shown on said subdivision;
Thence fi'om said point of beginning West 70.15 ft along the Northerly boundary of said Lot 155.
Thence along a tangent curve to the left having a radius of20 feet, with a central angle of900 00'
00", for an arc length 31.42 feet to a point on the Westerly boundary of Lot 155, also Easterly
sideline of Byrne Avenue ( 50 feet wide).
Thence along the Westerly boundary of Lot 155 North 5.00 feet.
Thence along a tangent curve to the right having a radius of20 feet, with a central angle of900
00' 00", for an arc length 31.42 feet to a point on the Southerly sideline of Dolores Avenue ( 50
feet wide).
Thence East 70.15 feet along the Southerly sideline of Dolores Avenue to a point of the prolong
Easterly boundary of said Lot 155.
Thence South 5.00 feet along the prolong Easterly boundary of Lot 155 to the Point of Beginning.
....~~;;-'.,.......-
Containing: 450.75 square feet, more or less
0.01 acres,rnore or less
A.P.N. :
357 - 14 - 015
~~/.'
// e>b
/'-t b~ 5'
--..,
--C.
~
\
~
LE6END
---
~
+~ - ArN 357-14-0'5~ ~
~ l;i 101AL '. q 375 {fa + ~. 0
~ r- I O. '2 '2 Ac.te$ f. ~ I ~ ~
FI I ~
I \~L pTN LOT \S~ . I "(' _'
~:~ - - _ _ ---.lJc! ~ZAlE
I,~~T qQ,{:,'
30 ' ~_ .
Do La RE SAVE:
LU
~
R=20.00'~
~=qO"i70' 0cI' EA$T 70. IS'
I L = 3f!+2' " . //Y/ //.2L/J ,L/ //' .
I ....? W~~T 70. IS'
R-:. 20. 00'
1::. :qo" OD'OOf!
L :.-3r ,4-2 '
LoT I ~5
,-J.
,- 11
f
ILl
~/
W.
>-
en
GENTER Ut--JE OF STREET
---- PROPERTY L1I--1E
....
Ll)
N
p. o. t3.
TOlf\L 4; 0.75 ft'l.
N O.oIACREst
1"240'
N
w
>
<(
w
>
<(
w
z
~
>-
OJ
w
o
z
<(
lr
o
ALCAZAR AVE
DOLORES AVE
. Me CLELLAN RD.
VICINITY MAP
NO TO SCALE
EXHIBIT 13
PRof705ED S7R1=t=T . VAc.A TI ON
041E: q/z%6 -S06..LE: fl/:40'
BY': .,J.c. REV:
ES C. .cHEtJ I C.E'J. S, E,
- foO, eO;( 20302. ~ JOSE CA tf~/60
,