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CC Resolution No. 99-305RESOLUTION NO. 99-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF BIANCHI WAY AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, that portion of a city street known as Bianchi Way, and more particularly described in description and map attached hereto and made part hereof as Exhibits "A" and "B" respectively, is unnecessary for present or prospective public street purposes; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portion of city street. BE IT FURTHER RESOLVED: 1. That the 6th day of December, 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 18th day of October, 1999, by the following vote: Vote Members or, the City Council AYES: Burnett, Chang, Dean, James, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: Mayor, (~y o~Cuperfino "EXHIBIT A" ROAD WAY VACATION TO THE CITY OF CUPERTINO OCTOBER, 1999 All that certain real property situate in the Cot.me/of Santa Clara, State of California, more particularly described as follows; Beginning at a point of the intersection of the Southerly line of that certain 30 feet strip of land described in the Deed from Southern Pacific Company to County of Santa Clara, dated April 5, 1937 and recorded December 7, 1937 in book 853 Official Records, page 248 Santa Clara Comae/Records, and the Westerly line of that certain parcel of land, 40 foot right of the way, described in the Deed from Bank of American to Peter Bianchi, dated April 10, and record April 28, 1941 in Book 1038 Official Records, Page 156, Santa Clara Comae/Record, thence running alone the said Southerly line of that certain 30 feet strip of land N 89 deg. 57 ' 00 "E 2.51 feet; Thence on a curve to the right, with a radius of 35 feet, th. rough a central angle of 32 deg. 52' 42 ": for a distance of 20.08 feet; Thence running along the center line of said 40 foot right of way and parallel with the Easterly line of Stelling Roacl, S 00 deg. 03 ' 41 "E 54.~-7 feet: Thence running with the Southerly boundary line S 89 deg. 57 ' 00" W 20.00 feet; Thence running N 00 deg. 03 ' 41 "W 63.76 feet to the Point of Beginning. Containing: A. P.N.: 1,173 square feet, more or less. 0.027 acres, more or less 359 - 07 - 09