CC Resolution No. 5946
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•RESOLUTION N0. 5946
' ' A RESOI.UTION OF THE CITY COUNCIL OF TNE CITY OF CUPERTINO
' ORDERING VACATION OF CARMEN ROAD (H00 Fl00 COURT) AS PROVI-
. DED IN SECTLON 8320 ET SEQ. OF THE STREF.TS AND HIGHWAYS
I ~ CODE OF THE STATF. OF CALIFORNIA; RETAININC PORTIONS AS
POBLIC UTII.ITY EASEMENTS AND SANITARY SEWER EASEMENTS
AND QUITCLAIMING EXCESS PROPERTY
' WtiEREAS, hearing on the vacation of a portion of Carmen Road (Hoo Hoo
Court) was held at the regular meeting oE [he City Council at 10300 Torre
i Avenue, Cuper[ino, California on September 7, 1982; and
' WNEREAS, it appears that notice [hereof was duly given as required by
law; and
WNEREAS, from the evidence presented, both oral and documentary, it
appears to be to the best interes[ of the City to vaca[e the hereinafter
described portion of a City stree[; and that said portion of said City
street is unnecessary for present or prospective public street purposes,
' but is necesanry to be retained as public utility easements and eanitary
sewer easemen[s; and .
IJfIEREAS, existing streets ace adequate to handle present and future projected
traffic; and
WkiEREAS, vacation is in conformance with the City's General Plan;
NOW, TNEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said portion .
of City be and hereby are overuled and denied;
2. That excepting and reserving [herefrom, pursuant to the provisions of
Section 8330 of [he Stree[s and Higliways Code, the permanent easement
and cight at any time or from time [o time, to construct. maintain,
operate, replace, removc, and renew sani[ary sewer, and storm drains
and appurtenaot structures in, upon, over and across any street or
part thereof proposed to be vacated and to construct, maintain, opera[e,
replace, remove, renew and enlarge lines of pipe, condui[s, cables,
wires, poles and other convenient strt~ctures, equipment and fixtures
for the operation of telegraphic and telephone lines, for the tra~spor-
[ation of distrubution of Water, including access and the ri~ht to keep
the property free from inflammable materiols. and wood growth, ~nd
othervise procect the same from all hazarda, in upon, and over the
portion of Carmen Road (Hoo Hoo Court) to be vacated. •
3. ThAt eaid portion of Carmen Road (Hoo tloo Cour[) described and shown in
' ExhibitR "A" and "B" att:+ched hereto anJ made part heceuf, be and hereby .
• are vacated but are retained as easemente as described herein;
4. That the City Clerk ehall have a copy of this resolution recorded vi[h
the Recorder of the County of Santa Clara.
, Reaolution No. 5946
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5. That e~scess property described and shown in Exhibits "C" and "D" shall
' be quitclaimed to the adjacent property owner .)anice L. Brokaw and the
Mayor and the City Clerk are hereby authorized to execu[e the quitclaim .
deed in behalf of the City of Cupertino and the City Clerk is hereby
authorized to have said document recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of [he City of
Cupertino this 7th day of Sep[ember , 1982 by the following vote:
Vote: Members of the City Council
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AYES: Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: Gatto
ABSTAIN: None
APPROVED:
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• Mayo Ci y of Cuper[in '
ATTEST: ti_ r
G ' ,
City Clerk
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' ~ CARMEN ROAD • ~
CLOSIJRE
All that certain real property situate in the City of Cupertino. County of San[a
Clara, more particularly described as follows:
A portion of Carmen Road (formerly Hoo Hoo Court) as shown upon that certain map
entitled, "Pfap of Inspiration Point, Monta Vista", which map was filed for record
in the Office of the Recorder of the County of Santa Clara, State of California,
on April 11, 1917, in Book "P" of Haps, at Page 18, said portion of Carmen Road
. (Hoo Hoo Court) also shocm on [hat certain Record of Survey, which map was filed
for record in the Office of the Recorder of the County of Santa Clara, State of
California, on November 9, 1949. in Book 25 of Mapa, at Page 8.
i All of Carmen Road (formerly Noo Hoo Court), the northerly limi[s being the southerlT
right-of-way line of Stevens Creek Boulevard as established by Deed from Joseph
Bargette, et al, to the County of Santa Clara, recorded November 20, 1947, in Book
1446 of Official Records, Page 598, Santa Clara County Records, and Che easterly
lisits being the prolonga[ion of the veaterly right-of-way line of Carmen Road as
ahown upon said Mapa.
Exceptinq Therefzom Parcel A.
Beginning at the southeas[ corner of Section H, as said section is shown upon tha[
certain map enti[led, "Map of Inspiration Point. Monta Vista", which map wae filed
' for record in the Office of the Recorder of the County of Santa Clara, State of
California, on April 11, 1917, in Book "P" of Maps, at Page 18, said corner also
being [he southeast corner of that certain parcel Of land deeded to Janice L.
Brokaa, recorded in Book D 771 of Official Records, Page 451 in the Office of the
Recorder of the County of Santa Clara on June 27, 1978;
' Thence S. 0° 07' W., 6.64 feet, more or leas along the southerly prolongation of
the westerly right-of-way line of Carmen Road to a poin[ being of intersection vith
a 35 foot radius curve;
Thence from a tangent bearing of S. 73° 30' S4" I7., along a curve to [he left havinc
a radius of 35 feet, through a central angle of 38° 32' S4" for an arc length of
23.55 feet;
Thence N. 89° 53' W., 50.72 feet, more br lese, along the nor[herly line of Carmen
(former2y Hoo Hoo Court);
Thence along a tangent curve to the right having a radius of 60.00 feet through a
central angle of 67° 08' for an arc length of 70.30 feet;
Thence continuing along the northeasterly line of Carmen Road (formerly Hoo Hoo
Court). N. 22° 45' H., 41.80 feet to a point being 15.00 feet, perpendicular dis-
tant south of the eau[herly line of S[evens Creek, said southerly line of 5tevens
Creek Boulevard was established bp Deed from Joaeph Bargette, et al~ to the County
of Santa Clara, recorded November 20. 1947 in Book 1446 of Official Records. Yage
998, Santa Clara Countq Recorde;
, ~s~~C~~~~~
Page 2 • , • .
Thence N. 76° 46' E., 42.11 feet along said line being 15.00 feet south and parallel
to the southerly line of Stevens Creek Boulevard to the northwest comer of the
lands af Janice L. Brokav;
Thence S. 0° 07' W., 64.74 feet along the weaterly line of the lands of Brokav,
said line also being the vesterly line of said Section H;
Thence S. 89° 53' E., 100.06 feet along the southerly line of the lands of Brokaw.
said line also being the southerly line of the said Sec[ion H to the Point of
Beginning.
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CAR2~N ROAD CLOSUAE `iE~~~~~~ ~ a~~ ~
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ROADWAY ABANDOPMENT
• A PORTION OF CARMEN ROAD
(formerly Hoo Hoo Court)
All that certain real proper[y situate in the City of Cupertino, County of
Santa Ciara, State of California, more particularly deacribed as followa:
Beginning at the southeast corner of Section H, as said section is shown upon
that certain map entitled, "Map of Inspiration Point, Monta Vista", which map
was filed for record in the Office of [he Recozder of the Countp of Santa Clare.
State of California, on April 11, 1917 in Book "P" of Maps, at pa¢e 18, said
corner also being the southeast corner of that certain parcel of land deeded
to Janice L. Brokaw, recorded in Book D 771 of Official Records, Page 451 in
[he Office of the Recorder of the County of Santa Clara on June 27, 1978;
Thence S 0° 07' [J., 6.64 feet, more or less along the southerl} prolongation
of the westerly rlght-of-way line of Carmen Road to a point being the inter-
section vi[h a 35 foot radius curve;
Thence from a cangent bearing of S 73° 30' S4" W., along a curve to the left
having a radius af 35 feet, through a central angle of 38° 32' S4" for an arc
length of 23.55 feet;
Tlience N 89° 53' W, 50.72 feet along the northerly line of Carmen (formerly
Hoo Hoo Court);
Thence along a tangent c~rve to the right having a radius of 60.00 feet through
a centrai angle of 67° 08' for an arc length of 70.30 feet;
Thence continuing along [he northeasterly line of Carmen Road (formerly Hoo Hoo
Court). N 22° 45' W., 41,80 feet to a point being 15.00 feet, per?endicular
distant south of the southerly line of Stevens Creek, said southerly line of
S[evens Creek Boulevard was established by Deed from Joseph Bargecte, et al, to
the County of Santa Clara, recorded November 20, 1947 in Book 1446 of Official
Records, Page 598. 5anta Clara County Recorda;
Thence N 76° 46' E, 42.11 feet along said line being 15.00 feet south and parallel
to the southerly line of Stevena Creek Boulevard to the northwes[ corner of
[he lands of Janice L. Brokaw;
Thence S 0° 07' W, 64.74 feet along the weaterly line of the lands of Brokaw,
said line also being the westerly line of said Section H;
Thence S 89° 53' E, 100.00 feet along the southerly line of the lands of BrokaW,
said line also being the southerlq line of the eaid Section N to the Yoint of
Beginning.
Containing 0.088 acres, more or less.
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