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CC Resolution No. 03-068RESOLUTION NO. 03-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF A ROADWAY 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; MADRID ROAD WHEREAS, that certain roadway easement more particularly described in the attached exhibits and made part hereof, 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 portion of roadway. BE IT FURTHER RESOLVED: 1. That the 5th day of May, 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 7th day of April 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chang, James, Kwok, Sandoval, Lowenthal None None Non e~72~.~ % D~% Mayor, City of Cupertino EXHIBIT B AREA VACATED BY THE CITY OF CUPERTINO :4-2.00' 20.84 :28'25'49" LOT 4 (510M2) 'mx S89'58'44"W / 40.36'(40.28'REC.) LEGEND: BOUNDARY OF AREA VACATED -EXHIBIT B PARCEL TO BE VACATED BY THE Cl'rY OF CUPERTINO All of that real property situate in the City of Cupertino, County of Santa Clara, 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 beadng of S00o00'25"E, an arc length of 20.84 feet and an included angle of 28°25'49~; thence SO0O00'25"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:~JOBSWiteV..EGALS~XHIBIT-B2, doc 01-31-03 EXHIBIT B AREA VACATED BY THE SCALE: CITY OF CUPERTINO \ LANDS OF / NITE LANDS OF / NITE AREA TO BE VACATED TO NITE FROM THE CiTY OF CUPERTINO (0.022+ ACRES) RI= 42.00' =21.08 '.8'4-5'12" o I~. LOT 4. (510M2) S89"58 /' 40.36'(40.28'REC.) BOUNDARY OF AREA VACATED EXHIBIT B PARCEL VACATED BY THE CITY OF CUPERTINO TO NITE All of that real property situate in the City of Cupertino, County of Santa Clara, 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 a radial line S28°51'54"W, 42.00 feet to the existing Westerly line of Madrid Road, as shown on the aforementioned Parcel Map and the TRUE POINT OF BEGINNING of this description; thence leaving said Westerly line of Madrid Road, counter-clockwise along a non-tangent curve with a radius of 42.00 feet, a radial bearing of S28°44'47"W, an arc length of 21.08 feet and an included angle of 28°45'12'', thence S0°00'25"E, 45.00 feet; thence S89o58'44"W, 20.28 feet; thence N0°05'06"E, 50.18 feet; to the TRUE POINT OF BEGINNING. Containing 945 sq. ft. (0.022 Acres) more or less and being a portion of Madrid Road as shown upon that certain Parcel Map recorded in Book 510 of Maps at Page 2, Santa Clara County Records. J:~IOBSWite~EV-EXHIBIT-B. doc 11-19-02