CC Resolution No. 07-175
RESOLUTION NO. 07-175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
V ACA TING A PORTION OF CITY RIGHT OF WAY ON 22831 MERCEDES ROAD
WHEREAS, David and Theresa Parry, husband and wife, made an application to the City
of Cupertino to pursue vacating public road right of way adjacent to the land at 22831 Mercedes
Road, as shown and described on the attached map and description, 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.
WHEREAS, the City Council did, on the 18th day of September 2007' 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 urinecessary 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 22831 Mercedes
Road, as shown and described on the attached map and description, pursuant to the provisions of
Section 8320et seq. 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October 2007 by the following vote:
Vote
Members of the City Council
AYES:.
NOES:
ABSENT:
ABSTAIN:
Wang, Sandoval, Lowenthal, Mahoney
None
None
None
ATTEST:
~~
City Clerk
APPROVED:
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WESTFALL ENGINEERS, INC-.
. . Consulting Engineers .
LANDS OF P AMY . '_
- 22631 I'tERCEDES ROAD. CUPtRTINO
. A-.P.N.J42 -: 22 - 091 .
. PREPAREb BYi YESTFALL ENSINEERS.
. [+08)667-0244 :
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14583 BIG BASIN WAY
SARATOGA" CA. 95070
TB..: (40B) S67-a244
FAX: (408) 867-626'1
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LEG,M, DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of CUpertino, described_as follows:
Beginning at the south west corner of Parcel 3 as shown on a Parcel
Map recorded in Book 563 of Yaps at page 3, Santa Clara County
Records;
thence North 29 Degrees 06 Minutes-DO Seconds West a distance of
70.50 feet; thence North 11 Degrees 00 Minutes 00 Seconds East a
dist~ce of 120.00 feet; thence North 79 Degrees 00 Minutes l2
Seconds West a distance of 100.00 feet to the center line of Mercedes
Road as shown on the Map of Inspiration Heights, Manta Vista,
recorde~ in Book P of Maps at pages 13, 14 and 15, Santa Clara
County Records; thence NoIth 10 Degrees 59 Minutes. 00 Seconds East
a distance of 7.72 feet; then~eNorth 07 Degre~s 39 Minutes 00 Seconds
West a distance of 83.62 feet; thence.North 89 Degrees 11 Minutes 20 .
Seconds East a distance of 147.05 feet; thence South ox Degrees 20
Minutes 0'0 Seconds West_ a distance of 11.8.73 feet; thence North 79
Degrees 00 Minutes 00 Seconds West a distance at" 23.14 feet,;
thence SOl,lth 11 Degrees 00 Minut.es 00 Seconds West a distance of
87.06 feet; thence South 29 Degrees 00 ~utes 00 Seconds East a
distance of 84.21 fee~; thence South 55 Degrees 28 Minutes' 00 Seconds
West a distance of 31..99 feet to the Point of Beginning of this
description.
confiil.ning 18, 497 square feet, more or 1 es s . .
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LEGA;L DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of Cupertino, described as follows:
Beginning at the south west corner of Parcel 3 as shown on a Parcel
Map recorded in Book 563 of Maps at page 3, Santa Clara County
Records;
thence North 29 Degrees 00 Minutes 00 Seconds West a distance of
70~50 feet; thence North 11 Degrees 00 Minutes 00 Seconds East a
distance of 120.00 feet; the~ce North 79 Degrees 00 Minutes 12
Seconds West a distance ot 80.00 feet to the easterly line of Mercedes
Road ~s shown on the Map of Inspiration Heights, Monta Vista,
recorded in Book P of Maps at pages 13, 14 and 15, Santa Clara
County Records; thence North 10 Degrees 59 Minutes 00 Seconds East
a distance of 11.00 feet; thence HorthO? Degrees 39 Minutes 00 Seconds
West a distance of 84.50 feet; thence North 89 Degrees 11 Minutes 20
Seconds East a distance of 126.91 feet; thence South 01 Degrees 20
Minutes 00 Seconds West a distance of 118.73 feet; thence North 79
Degrees 00 Minutes 00 Seconds West ~ distance W' 23.14 feet_;
thence South 11 Degrees .00 Minutes 00 Seconds West a distance of
87.06 feet; thence South 29 Degrees 00 Minutes 00 Seconds East a
distance of 84.21 feet; thence South 56 Degrees 28 Minutes 00 Seconds
West a distance of 31.99 feet to the Point of Beginning of this
description. .
Containing- 16,628 square - fe-et ~ more or leE?s.
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