CC Resolution No. 4314 r
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RESOLUTION N0. 4314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF PORTIONS OF
STREETS KNOWN AS MARIANI AVENUE AND LUCILLE AVENUE AS
PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA; RETAINING .'POR-
TIONS AS PUBLIC UTILITY EASEMENTS, SANITARY SEWER EASE-
MENTS, LANDSCAPE EASEMENTS, PEDESTRIAN AND BICYCLE EASE-
MENTS; FIXING TIME AND PLACE FOR PUBLIC HEARING AND PRO-
VIDING FOR NOTICE THEREOF
WHERE~S, portions of City streets known as Mariani Avenue and Lucille
Avenue, more particularly described in description and map attached hereto
and made part hereof as Exhibits "A" and "B", respectively, are unnecessary
for present or prospective public street purposes; and
WHEREAS, said portions are necessary to be retained as public utility
easements and sanitary sewer easements and portions as landscape easements,
and pedestrian and bicycle easements; and
WHEREAS, the City 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 and retain said easements; and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its
intention to vacate the aforesaid portions of City streets and retain them for
said easements.
BE IT FURTHER RESOLVED:
l. That the 6th day of D'ecember, 1976, at 7:30 p.m., in the Council
Chamber, City Hall, 10300 Torre Avenue, Cupertino, California is the time
and place fs~ed•.~tar:hearin'g=on3the above~~~roposed;vaaations~~~nd+~ie~te~tions;
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 AI~TD ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of November , 1976, by the following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN~ None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ Robert W. Meyers
City Clerk Mayor, City of Cupertino
. II~iI_ BIT A' Page 1
DESCRIPTION OF A PORTION
OF LUCILLE AVENUE TO BE ABANDONED
Al1 that certain real property situatie~ in the City of Cupertino, County
~ of Saata Clara, State of Califoraia, being a portioa of Lucille Avenue,
more particularly described as follows: ~
All of Lucille Avenue located westerly of the weaterly boundary line and
the northerly prolongation of.said boundary line of that certain Tract No.
895, recorded in Book 34 of Maps, at Page 34, Santa Clara County Records.
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Exhibit A
Page ~
DESCRIPTION
PORTION OF MARIANI AVENUE
TO BE ABANDONED
A11 that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being a portion of
Mariani Avenue, more particularly described as follows:
Beginning at the northeast corner of Parcel B as said parcel is
shown on that certain Parcel Map recorded on Apri1 5, 1967 in
Book 220 of Maps at Page 34, thence from said point.of beginning
S 89° 58' 34" W 717.00 feet; thence N 70° 47' 12" E 121.69 feet
more or less to a point on the northerly line of Mariani Avenue
as said northerly line is shown on the aforementioned Parcel Map;
thence along said northerly line N 89° 58' 34" E 601.88 feet; ~
thence S 0° 17' 05" E 40.00 feet to the point of beginning.
Containing 0.601 acres of land more or 1ess.
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= Exhibit A
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DESCRIPTION
PORTION OF MARIANI AVENUE
TO BE ABANDONED
All that certain real property situated in the'City of Cupertino,
County of Santa Clara, State of California, being a portion of
Mariani Avenue, more particularly described as follows:
Beginning at the northeast corner of Parcel B as said parcel is
shown on that certain Parcel Map recorded on April 5, 1967 in
Book 220 of Maps at Page 34; thence from said point of beginning
N 0° 17' 05" W 40.00 feet to a point on the northerly line of
Mariani Avenue as said northerly line is shown on the aforemen-
tioned Parcel Map; thence along said northerly 1ine, N 89° 58'
34" E 209.99 feet; thence S 0° Ol' 16 " E 40.00 feet to a poiiit
on the southerly line of Mariani Avenue; thence along said south-
erly line S 89° 58' 34" ~T 209.81 feet to the point of beginning.
Containing 0.193 acres of land more or less.
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