CC Resolution No. 5968 ~ ~
RESULUPION N0. 5968
A RESOLUTION OF TIiE CITY COUNCLL OF TFIE CITY OF CUPERTINO
DECLARiNG ITS INTENTION TO ORDtiR VACATION OF A PORTION OF
PUBLIC SERVICE EASEM~NT PURSUANP TO SECTION 50430 ET SEQ.
OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; AND A
PORTION OF RICHT-OF-WAY PURSUANT TO SECTION 8320 ET SEQ.
OF THE STREETS AND HIGIiWAYS CODE OF TIIE STATE OF CALI-
FORNIA, FIXINC TIMH AND PLACE FOR PUBLIC HEARING AND PRO-
VIDING FOR NOTICE THEREOF
WHEREAS, tha[ certain [en foot public service easement within Lot
7, Trac[ No. 4308, Mount Crest Place, in the City of Cuper[ino, and
more parcicularly described in description and map attached hereto and
mude part hereof as Exhibits "A" and "Ei", is deemed unnecessary Eor present
and prospective use; and
WHEREAS, the City Council e.lects [o proceed pursuant to Section 50430
et seq. of the Government Code of the S[ate of California; and
WHEREAS, tha[ certatn four foot sec[ion of public right-of-way
along the frontage of [.ot 7, Tract 4308, Mount Crest Place, in [he City
oE Cupertino, and more particularly described in description and map
attached here[o and made par[ hereof as Exhibits "A" and "B", is deemed
unnecessary for present or prospec[ive pubiic street purposes, and
WNEREAS, [he Ci[y Council elects Co proceed pursuant [o the proviaions
of Section 83'LO et seq. of the Streets and }lighwaya Code of the State of
California; nnd
WNEREAS, it is deemed [o be in thc puh.llc interesty that the City
Council elects to initiate the aEorementioned vacation of public service
easement and vacation of public right-of-way;
NOW, THEREFORE, BE IT RF.SOLVED tha[ the City Council hereby declares
its intention to vacate [he aforementioned publlc service easement and public
right-of-way.
BE IT FURTNER RESOLVED:
1. That [he 6th day of December 1982, at 6:45 p.m., in the Council
Chamber, City Nall, 10300 Torre Avenue. Cupcr[ino, California ie the time
and place fixed for hearing on the above proposed vacation,
2. Tha[ the a£oresaid date is not less than 15 days from passage of
chis reaolution pursuant to law,
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Res. No. 5968
3. That the City Clerk shall cause a certified copy of this resolution
[o be published in the manner prescribed by law, and shall cause certified
copiea to be posted along the line of said property proposed to be vacated
at least 10 days before the da[e of hearing and no more than 3U0 feet apart
with a minimum of 3 being poeted.
PASSED AND ADOPTED at a regular mee[ing of the City Council of the
Ci[y of Cuper[ino this lst day of November , 1982 by the
Eollowing vote:
Vo[e Members of the Clty Council
AYES: Johnson, Plungy, Rogers, Sparks, Ga[to
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mayor City of Cup tino
ATTEST:
City Clerk
- Z -
Parcel 1: • •
Vacation of a Public Service Easement
Lot 7. Tract 4308, Mount Crest Place
All that cer[ain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the most easterly point of Lot 7 as shown on "Tract No. 4308",
recorded in Sook 226 of Maps, Pages 27 and 28, San[a Clara County Records;
Thence S 9°00'W, 10.02 feet along the easterly boundary of said Lot 7, to
its interaection of said Lot 7, to its intersection with the southerly
boundary of the 10 foot public service easemeni as shown on said Lot 7;
Thence along Che sou[herly boundary of said 10 foot public service easemen[.
along a curve to [he right, form a tangent bearing of N 77°53'S3"W, having
a radius of 52 feet, a central angie of 51°37'12", and an arc length of
46.85 feet, to a point on the northerly boundary of said Lot 7;
Thence N 89°55'E, 11.49 feet along said northerly boundary, [o the southerly
right of way line of Plount Creat Place as shown on said "Tract No. 4308";
Thence along a curve to the lef[, said curve being the southerly right of
way line of Mount Crest Place, from a tangent bearing of S 33°12'44"E,
having a radius of 42.00 feet, a central angle of 43°56'46", and an arc
length of 32.21 feet, to the Point of Beginning.
Containing: 395.69 square feet more or less -or- 0.009 acres more or lesa.
Parcel 2:
Vacation of Right-of-Way
Lot 7, Tract 4308, Mount Creat Place
All that certain real property situate in the County of Santa Clara, State of
California, more particularly described as follows:
Commencing at the radius poin[ of the cul-de-sac of Pfount Creat Place as
shown in "Tract No. 4308", recorded in Book 226 of Maps, Pages 27 and 28,
Santa Clara County Records;
Thence from sald Point of Commencement, along a radial line having a bearing
of S 12°50'30"W, 38.00 feet, to the true Point of Beginning;
Thence S 12°50'30"W along said radial bearing, 4.00 fee[, to the most eaeterly
point of Lot 7. of said "Tract No. 4308";
Thence along a curve to the right~ said curve being the southerly right-of-way
line of Mount Crest Place, from a tangent bearing of N77°09'30"W, having a
rndius of 42 feet, a central angle of 43°56'46". and an arc length of 32.21
. feet to the mos[ nartherly point of eaid Lot 7;
Thence I~ 56°47'16"E, 4.00 feet along a radial bearing of the aforementioned
radius point of Mount Crest Place;
Mount Creat Plncc, , 7 •
Parcel 2, continued
Tl~ence along a curve to [he left, from a tangent bearing of S 33°12'44"E,
}iaving a radius of 38 feet, a central angle of 43056'46", and an arc leng[h
qf 29.15 feet, said curve beins 4 fee[ distant and concentric to [he pre-
viously described southerly righ[-of-way line of Mount Crest Place, to the
[rue Point of Beginning.
Containing: 122.72 square feet more or lesa -or- 0.003 acres more or less.
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