CC Resolution No. 03-089RESOLUTION NO. 03-089
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, APN 356-08-046, MADRID ROAD
WHEREAS, hearing on Resolution of Intention No. 03-068 was held on May 5, 2003, at
a regular meeting of the City Council at 10300 Torte Avenue, Cupertino, California;
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 roadway easement; that
said portion of said easement is unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That any and all protests of the vacation of said portion of roadway easement be
and hereby are overruled and denied.
2. That certain portion of roadway easement described and shown in Exhibits "A"
and "B" attached hereto and made part hereof, and hereby is vacated.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is 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 5th 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
~~o~.,,~_~OVED:
Mayo, C~ty of Cupertino X
EXHIBIT B AREA
VACATED BY THE
CITY OF CUPERTINO
SCALE: 1"=30' ~'
\
~o~.
LANDS OF/
NITE
!
4~
CD
0
=42.00'
=28'25'49"
LANDS OF /
NITE
AREA TO BE VACATED TO
WAN-YEN HSU FROM THE
CITY OF CUPERTINO (0,021±
LOT 4
(510M2)
20.28' ,20.00',
40.36'(40.28'REC.)
LEGEND:
BOUNDARY OF AREA
VACATED
....... EXHIBIT B .......
PARCEL TO BE VACATED BY THE CITY OF CUPERTINO
All of that real property situate in the City of Cupertino, County of Santa Clare, State of
California, described as follows:
Beginning at a point in the center line of Madrid Road, said point also being in the center of
a Cul-De-Sac of said road as shown upon that certain Parcel Map recorded in Book 510 of
Maps at Page 2, Santa Clara County Records; thence proceeding along said center line
S00o00'25"E 42.00 feet to the TRUE POINT OF BEGINNING of this description; thence
counter-clockwise along a non-tangent curve with a radius of 42.00 feet, a radial bearing of
S00°00'25"E, an arc length of 20.84 feet and an included angle of 28°25'49"; thence
S00°00'25"E 50.06 feet; thence S89°58'44"W 20.00 feet; thence N00°00'25"W 45.00 feet
to the TRUE POINT OF BEGINNING.
Containing 933 sq. ft. (0.021 Acres) more or less and being a portion of Madrid Road as
shown on the above mentioned Parcel Map.
J:tJOBSWiteV...EGALS~XHIBIT-B2.doc
01-31-03
EXH~BNT B AREA
YACATED BY THE
CITY OF CUPERTINO
SCALE:
1 "= 30'
oF/
\
:...\~
TOTAL NET AREA OF~°\~¢--''
\
NEW LOT (INCLUDING
DEDICATION TO CITY \
AND FROM CITY):
9,215.8 SQ. FT.
(0.212 ACRES)
LANDS
NITE
o~-/
LANDS
NITE
AREA TO BE VACATED TO
NITE FROM THE CITY OF
CUPERTINO (0.024::b ACRES)
R= :37.00'
21.36
33'04'44"
S89'58
40.36'(40.28'RE~i)
LOT 4-
(510M2)
LEGEND:
BOUNDARY OF AREA
VACATED
EXHIBIT B
PARCEL TO BE VACATED BY THE CITY OF CUPERTINO TO NITE
All of that real property situate in the City of Cupertino, County of Santa Clare, State of
California, described as follows:
Beginning at a point in the center line of Madrid Road, said point also being in the center of
a Cul-De-Sac of said road as shown upon that certain Parcel Map recorded in Book 510 of
Maps at Page 2, Santa Clara County Records; thence proceeding along said center line
S00°00'25"E 37.00 feet to the TRUE POINT OF BEGINNING of this description; thence
S00°00'25"E 50.00 feet; thence S89°58'44"W 20.28 feet; thence N00°00'25"E 56.00 feet;
thence counter-clockwise along a non-tangent curve with a radius of 37.00 feet, a radial
bearing of S33°04'19"W, an arc length of 21.36 feet and an included angle of 33004'44" to
the TRUE POINT OF BEGINNING.
Contain!ng 1,051 sq. ft. (0.024 Acres) more or less and being a portion of Madrid Road as
shown on the above mentioned Parcel Map.
J:LIOBSWiteV..EGALS~XHIBIT-B3.doc
04-25-03