CC Resolution No. 5438 ~ , ~ ~
RESOLUTION N0. 5438
A RESOLL'TION OF TIIE CITY COUNCIL OF TIiE CITY OF CUPERTINO
ORDERINC VACATION OF A PORTION OF BANDLEY DRIVG AS PRO-
VIDLD IN S~CTION 8320 ET SEQ. OF THE STREIiTS AiJD HICtIWAYS
CODE OF THE STATE OF CALIFORNIA, R1iTAItlING IT AS PUBLIC
UTiLITY EASE4IEPIT
WHEREAS, hearing on Resolu[ion of Intention No. 5374 was i~eld on Sep-
[ember 15, 19&0 at a regular meeting of the City Council at 10300 Torre Avenue,
, Cupertino, Californla; and
' IdNERCAS, it appears that notice tl~ereof was duly given as required by
law; and
I [dHGRPAS, from the evidence presented. bot;i oral and documentary, it
~ appears to be to the best interes[ of the City to vacate the hereinafter
I described portion of a City street; and [hat said portion of said City street
~ is unnecessary for present or prospective public s[reet purposes, bu[ is
' necessary to be retained as public utility easement; and
Wk[EREAS, existing streets are adequate to handle pr~sent and future pro-
jec[ed traffic; and
ldliEREAS, vacation is in confore~ance wi[h the City's General Plan;
NOSJ, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said por[ion of
City street be and hereby are overruled and denied;
2. That said portion of Bandley Drive described and shown in Exhibits
"A" and "D" attached hereto and made part hereof, be and hereby are vacated,
but are retained as public utility easement.
BE IY FURTI:ER RESOLVED:
Tha[ tlie City Clerk be and hereby is instructed and directed [o cause
a certified copy of this resolution, attested to and sealed with the officiul
seal of [lie City, to be recorded with t!ie County Recor~er of [he County of
Santa Clara, California, fortliwith.
PASSED AND ADUPTED at a regular meeting of the City Council of the City
of Cupertino this ~Sth day of . September . 19ts0 by ttie folloaing vote:
Vote ~[embers of [he City Council
Al'ES: Plungy, Sparks. Rogers
NOGS: None
AIIS~ttT: Gatto
AIISTAIN: None
ATTEST' ~ APPRqVED:
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City Clerk Ma r, City of Cupert no
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CUPERTIHU, U~
~ REAL PROPERTY SITUIITED IN THE CITY OF CUPERT[N0, COUNiY Of SAN7A CLARA,
~ STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIQED AS FOLLOWS:
DEI~~G A PORTIOtJ OF PARCEL 7, AS SAID PARCEL IS SHOWN ON TNAT RECORD Of
SURVEY FILED IN BOOK 316 Of MAPS, PAGE 47 IN TN[ OFFICE OF THE SANTA CLARA
COUNTY RECORDER;
QEGIP~NING AT TNE MOST SOUTfIWESTERLY CORNER OF SAID PARCEL 7; THENCE
tVORTH 89°52'24" ElIST, A DISTANCE OF 35.00 FEET ALONG THE SOUTHERP~ BOUNDARY
' OF PARCEL 7 1J THE TRUE POINT OF BEGINNING. TNENCE NORTN 00°02`06" WEST,
A UISTANCE OF 168 J 2 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH
A RAOIUS OF 30.00 FEET; THENCE ALONG SAIU TANGENT CURVE THROUGN A CENTRAL
ANGLE OF 8g°54'30", 41.08 FEET, MORE OR LESS, TO THE SOUTNERN QOUNOARY OF
MARIANI AVENUE, 60.00 FEET WIDE, AS SAID STREET NOW EX.ISTS; THENCE
SOUtH 89°52'24" WEST ALONG SAID SOUTHERLY aOUNDARY Of MARIANI AVENUE
9.91 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF
30.00 FEET; THENCE ALOP~G SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF
90°16'S1", 47.27 FEET TO A POINT OF COMPOUND CURVATURE, THE RADIAL BEARING
OF WNICN IS NORTH 89°35'33" EAST; THENCE CONTINUING ALONG SAID CURVE
CONCAVE TO THE EAST WITH A RADIUS OF 1570.00 FEET, THROUGH A CENTRAL AN6LE
OF 02°49'S1", 77,57 FEET TO A POIN7 OF REVERSE CURVATURE, THE RADIAL BEARiNG
OF WH1CH IS 50UTH 86°45'42" WEST; TNENCE CONTINUING ALONG A CURVE CONCAVE
TO TNE WEST WITH A RADIUS OF 1630.00 FEET, TNROUGN A CENTRAL ANGI.E OF
03°12'pp", g~,04 fEET, MORE OR LESS~ TO THE SOUTIIERN OOUNDARY OF PARCEL 7,
AS SAID PARCEL APPEARS ON TNAT RECORD OF SURVEY FILED IN BOOK 316 OF MAPS,
PAGE 47 IN THE OfF1CE OF SANTA CLARA COUNTY RECORDER. THENCE NORTH 89°52'24" EAST
ALONG SAID SOUTHERN BOUNDARY OF PARCEL 7, 5.00 FEET TO TNE TRUE POINT OF
QEGINNING. CONTAINING .04 ACRES OF LAND MORE OR LESS.
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BEARD~/ OR/VE
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BANOLEY DR/VE ;
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• i`,.... L ~89.41' ~~B945=-- R.30.00' , ~
' NO'o2'os ~u 218.67' a~90•f6'S7'".
i; E 1 l~i, PARCEL 7 L-77.57' L•47.27'
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DE ANZA BOULEVARD
A B A ND ONMENT PL A T sKY ° s: z3- so
PORT/ON OF PARCEL 7 OF RECORD OF SURVEY `"'~R~~••~N~y ~"`SO'
RECORDED /N BOOK 3!6 AT PAGES 46~`47 ~~~~~`~°~+'/~oH ';~~gp74-A
CREEQAN $ D'ANC7EL0 SHEET O OF ~
39791 Pd5E0 PADRE PARKWAY • FREMONT. CALIF. 9q536 CONSULTINf ENGINEER$
~'4~5 792'4560 ORAWINO HO. qEV.HO
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