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CC Resolution No. 99-344RESOLUTION NO. 99-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, PORTION OF LOT 26, LANDS OF LIPP, 1020I HILLCREST ROAD WHEREAS, hearing on Resolution of Intention No 99-281 was held on November 15, 1999, at a regular meeting of the City Council at 10300 Torte Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, 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, but is necessary to be retained as public utility easement. 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 roadway easement be and hereby are overruled and denied; 2. That said portion of a roadway easement 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 15t~ day of November, 1999, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City .Council Burnett, Chang, Dean, James, Statton None None None ATTEST: City Clerk APPROVED: Mayo~, City If Cupertino LEGAL DESCRIPTION ADDITIONAL RIGHT OF ~AY OEDiCATION TO THE CITY OF CUPERTINO BY BTEVEN CHARLES LIPP 10201 HILLCREST ROAD CUPERTINO, CA 95014 APN: 326-26-060 All of that certain parcel of land situated in the City of Cupertino, County of Santa Clara, Stale of California, and being a portion of LOT 2& as said LOT is shown on that certain map entitled "Map of Lhe Russellhurst Town of Monta Vista", which map was filed for record on April ti, 1917, in Book "P" of Maps at Page 22, Records of Santa Clara County, California, and more particularly desc¢ibed as follows: Beginning at the southeast corner of said LOT 26, thence norzherly along the easterly line of said LOT North 4040'00" Nest 200.12 feet to the northeast corner of said LOT; thence westerly along the northerly line of said LOT North 89053'00" West 10.04 feet; thence southerly anC parallel with and 10.00 feet westerly at right angle to the easterly line of said LOT South 4040'00" Bast !00.22 feet to the southerly line of said LOT; thence easterly along said southerly line South 89053'00" Ba~t ~0.04 feet to the southeast corner cf said LOT and being the point of beginning. Containing 1,001 square feet of land, more or less. This description was based on record information and does no% represent field survey. See map entitled "Map of the Russel!hurst Town of Monta Vista", which map was filed in Book "P" of Maps at Page 22, Records of Santa Clara County, California. a HILLCRES MARCH 11, 1996 5'CXiL~... L! L2 15 L~ L? N 04'40'00" W HILLCREST s o4'4o'oo" E N 04'40'00" 10' R/W DEDIC; L£ N 04'40'00" W 100. 12' 1,001 $0. Ell.+- ~ L9 ~ S 04'40'00" £ I00. 1.2' [4 N 04'40'00" W LO7 27 N 04'40'00" W ~ECT/ON I D~STANCE o~o'oo" w~25. oo' 0¢'40'00" W-25.00' 04'40'00" w 25. 0~' o4'4o'o~" 04'40'00" W ~ 04'40'00" W 50.12~- 04'40'00" ~ 50.~' ~'53'00" w i0.04' 89'53'00" E / o.~ ROAD LOT 26 ~ ~N ~LA~/DS OF L ~ ~ N 04'40'00" 141 100. 12' ~ ~ L7 L6 L5 L5 125.00' N 04'40'00" W 100. 12' LOT 25 125.00' N 04'40'00" W N 04'40'00" W 100. 12' N 04'40'00" W N 04'40'00" W