CC Resolution No. 5996 ~ ~
RESOLUTION N0. 5996
A RESOLUTI01~ OF TNE CITY COUNCIL OF TFIE CITY OF CUPERTINO
ORDERING VACATION OF A PORTION OF A PUBLIC SERVICE EASE-
MENT PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA; AND A PORTION OF RIG1iT-
OF-WAY PURSUANT TO SECTION 8310 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALiFORNIA, LOT 7.
TRACT 4308, MOUNT CRSST PLACE
WHERTAS, hearing on Resolution of Intention No. 5968 was held on
December 6, 1982, at a regular meeting of the C3[y Council at 1U300 Torre
Avenue, Cupertino, California; and
' WHEREAS, it appears that notice thereof was duly given as required
by law, and
W}iEREAS, from the evidence presented, both oral and documentary,
it appears to be to the best interes[ of tt~e City to vaca[e the here-
inafter described portion of a public service easement, and a portion of
right-of-way; that said portions of easement and right-of-way are unnecessary
for p:esent or prospective public purposes,
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any proteats against the vaca[ion of said portion
of public aervice easement and portion of right-of-way be and hereby are
overruled and denied;
2. Tha[ those cer[ain portions of public service easement and rigtit-
of-way described and shown in Exhibi[s "A" and "9" a[tached liereto and
made part hereof, be and hereby are vacated.
BE IT FURTHER RESOLVED:
That the City C1erk be +nd t~ereby is instructed and directed to cause
a certified copy of tliis resolution, attested to and sealed with the offieiai
seal of the Cicy, to be recorded with [he CounCy Recorder of [he County of
Santa Clara, California, forthwith.
PASSF:U AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this ~rh day of December , 1981 by the folloving
vote:
Vote Members of the City Council
. ~Y~S~ Johnson, Plungy, Rogere, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST~ APPROVED:
~
. ~HIBIT A
Parcel 1:
l'acation of a Public Service Easement
Lo[ 7, Tract 4308, Moun[ Crest Place
All that certain 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",
i recorded in Book 226 of Alaps, Pages 27 and 28, Santa Clara County Records;
Thence S 9°00'b', 10.02 fee[ along the eas[erly boundary of said Lo[ 7, to
i[s intersection of said Lot 7, to its in[ersectian with the sou[herly
boundary of the 10 foot public service easement as shown on said Lot 7;
~ Thence along [he sou[herly boundary of said 10 foot pu6lic service easement,
, along a curve [o the right, form a tangen[ bearing of N 77°53'S3"W, having
~ a radius of 52 feet, a cen[ral angle of 51°37'12", and an arc length of
; 46.85 feet, [o a point on the northerly boundary of said Lot 7;
Thence N 89°55'E, 11.49 feet along said northerly boundar}, to the southerly
right of way line of Afount Crest 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 "fount Cres[ 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 fee[, to the Point of Beginning.
Containing: 395.69 square fee[ more or less -or- 0.009 acres more or less.
Parcel 2:
Vacation of RiFht-of-Way
Lot 7, Tract 4308. :lount Crest Place
All that certain real property situate in [he Coun[y of Santa Clara. Sta[e of
California, more particularly described as follows:
Commencing at the radivs point of the cul-de-sac of Piount Crest Place as
shown in "Tract ho. 4308", recorded in Book 226 of Pfaps, Pages 27 and 28.
Santa Clara County Records;
Thence from said Point of Commencement, ulong a radiai line having a bearing
of S 12°SO'30"k', 38.00 feet, to the [rue Point of Beginning;
Thence S 12°50'30"ti' along said radial bearing, 4.00 feet, to the most easterly
point of Lot 7, of said "Tract No. 4308";
Thence along a curve to the right, said curve being the soucherly right-of-way
line of Mount Crest Place, from a tangent benring of N77°09'30"W, having a
radius of 42 feet, a central angle of 43°56'4b", and an arc length of 32.21
. feet to the most nor[herly point of said Lot 7;
Thence 17 56°47'16"E, 4.00 feet along a radiai bearing of the aforementioned
radius point of ltount Crest Place;
Mount Crest Place, Lot • •
Parcel 2, continued
Thence along a curve to the left, from a tangent bearing of S 33°12'44"E,
having a radius of 38 feet, a central angle of 43056'46", and an arc length
of Z9.15 feet, said curve being 4 feet distant and concentric to the pre-
viously described sou[herly right-of-way line of Mount Crest Place, to the
true Point of Beginning.
Containing: 122.72 square feet more or less -ar- 0.003 acres more or less.
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