CC Resolution No. 99-040RESOLUTION NO. 99-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A ROADWAY
EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO
SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND
PROVIDING FOR NOTICE THEREOF; CRISTO REY DRIVE
WHEREAS, that certain roadway easement more particularly described in description and map
attached hereto and made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and
prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 50430 et seq. of
the Government Code of the State of California; and
WHEREAS, it is in the public interests that the City Council initiates the vacation of said easement;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate
the aforesaid roadway easement.
BE IT FURTHER RESOLVED:
1. That the 1st day of March, 1999, 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;
2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law;
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 1 st
day of February, 1999, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
Cit~
Mayor, City of Cupertino
Brian I(an§as [oulk
March 7, 1990
Revised March 22, 1990
Job No. 880186.D0
ST. JOSEPH'S PUBLIC ROADWAY VACATION
SITUATE in the City of Cupertino, County of Santa Clara, State of
California and described as follows:
BEING over a portion of that certain 54.04 acre tract of land
described in Exhibit "A" in the Ground Lease to Forum Lifecare,
Inc., recorded December 11, 1987 in Book K387 at page 1708, Series
9536539, in the Official Records of Santa Clara
County, State of California, the perimeter of which portion is more
particularly d~scribed as follows:
COMMENCING at an angle point in the general southwesterly line 6f
aforesaid 54.04 acre tract lying at the northeasterly terminus .of
that certain course in said line having a bearing and distance of
North 81' 13' 03" East 214 feet;
THENCE South 81' 13' 03" West 1.98 feet along last said line to a
point;
THENCE leaving last said line North 30' 11' 47" East 67.59 feet to
the TRUE POINT OF BEGINNING of the portion to be described;
THENCE leaving said TRUE POINT OF BEGINNING Southeasterly along a
tangent curve to the left, whose radius point bears North 30' 11' 47"
East for 482.50 feet, along an arc length of 35.00 feet and through
a central angle of 04' 09' 23", to a point of reverse curvature;
THENCE Southeasterly along a curve to the right, whose radius point
bears South 26' 02' 24" West for 40.00 feet, along an arc length of
15.23 feet and through a central angle of 21' 48' 42", to a point of
non-tangent line lying on a line that is parallel to and distant
Southeasterly 50.00 feet by perpendicular measurement from
aforecalled course leading up to aforesaid TRUE POINT OF BEGINNING
having a bearing and distance of North 30' 11' 47" East 67.59 feet;
THENCE South 30' 11' 47" West 26.62 feet along last said parallel
line to a point lying on the easterly prolongation o[the aforecalled
course in the general southwesterly line of aforesaid 54.04 acre
tract having a bearing and.distance of North 81' 13' 03" East 214
feet;
THENCE South 81' 13' 03" West 62.33 feet along last said prolongation
to point lying at the easterly t~rminus of last said course;
THENCE South 81' 13' 03" West 214.00 feet along last said course to
its westerly terminus;
540 ~ice Avenue
i~edwood GI¥. CA 94063
4~5/365-0412
EA~ 415/365-1760
Servin9 Out Clients Since 1915.
St. Joseph~s Access
Job No. 880186.D0
March 7, 1990
Page 2
THENCE North 33' 17' 17" West 54.95 feet along the aforecalled
general westerly line of aforesaid 54.04 acre tract to a point lying
on a line that is parallel to and distant northerly 50.00 feet by
perpendicular measurement from aforecalled course in said westerly
line of the 54.04 acre tract;
THENCE North 81' 13' 03" East 275.27 feet along last said parallel
line to a point lying on a line that bears South 30' 11' 47" West
from the TRUE POINT OF BEGINNING;
THENCE North 30' 11' 47" East 3.27 feet along last said line
returning to said TRUE POINT OF BEGINNING and CONTAINING 14,578
square feet of land more or less.
DESCRIPTION PREPARED BY:
Rex A. Betz, L.S. 5251
License Expires 12/31/91
RAB:bc
GROUND LEASE
TO
FORUM LIFECARE. INC.
(K3B70,R. 1708, EXHIBIT 'A')
54.04 ACRES
AREA TO BE VACATED
LANOS OF THE CATHOLIC ~e~.
CRISTO R£Y OVAL
POINT OF %
COMMENCEMENT ~ ~
~ .~ LANDS OF COUNTY
a~,~ .0 OF SANTA CLARA
~ NORTH COUNTY PARK
+ (D197 OR 896)
BT. JOSEPH'S SEMINARY
(2590 OR 95)
ST, JOSEPH'S
PUBLIC ROADWAY EASEMENT
CITY OF CUPERTINO ~ SANTA'CLARA COUNTY ~ CALIFORNIA
8R~AN KANGAS FOUL,K Date: oa-~2-Eo ;tale'.
CONSULTING ENGINEERS " By; REX BEIZ ~h~e~
540 PRICE AVENUE ~DWOOD CITY. CALIF. 94063