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CC Resolution No. 03-096RESOLUTION NO. 03-096 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 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; 10588/10590 SANTA LUCIA ROAD 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 8320 et seq. of the Streets and Highways 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 16th day of June, 2003, 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 19th day of May, 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Sandoval, Lowenthal NOES: None ABSENT: Kwok ABSTAiN: None ATTEST: City Clerk Legal Description Easement A portion of Lot 105, as shown on the map tiffed "Map of ln.qpiration Heights Monta Vista" filed in Book "P" of Maps, at page 13, in the office of the Recorder of the County of Santa Clara, California, more particularly described as follows: The East 5.00 feet of the West 10.00 feet of Lot 105, described as: Be~nning at a point on the North line of said Lot 105 fi.om which point the Noffiawest comer of Lot.105 lies N 89°40'00" W 5.00 feet; thence fi.om said point ofbe~nning, continuing onthe North line of Lot 105 S 89o40'00" E 5.00 feet; thence leaving said North line, South 100.12 feet, parallel with the West line of Lot 105 to a point on the South line of Lot 105 fi.om which the Southwest comer of Lot 105 lies N 89°40'00" W 10.00 feet; thence on said South line N 89o40'00" W 5.00 feet; thence North 100.12 feet to the point of be~nning, containing 500.6 square feet. SKETCH TO ACCOMPANY LEGAL DESCRIPTION 10588/10590 SANTA LUCIA ROAD ALL OF LOT '105, MAP OF I~P~,TION ["~OHr8 Fa ~r~ ~1 BOOK p OF MAP8 AT PAC~= 13 8ANI'A CLARA COUNTY, cN-r-oi=H~A 89'40'00" W 88.87' 0,00' 78.87' 5.00:--. - --~- -- ~ I'1 i 10.00' 78.88' N 8g'40'00" W B8.88' ~ Exp.