CC Resolution No. 00-233RESOLUTION NO. 00-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO
PURSUANT TO SECTION 8331 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA; AND ORDERING VACATION OF A PUBLIC UTILITY EASEMENT
WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 8333 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA, RETAINING A PORTION OF SAID PUBLIC
UTILITY EASEMENT -- STEVENS CANYON ROAD
WHEREAS, that certain roadway easement and public utility easement more particularly described in
description and map attached hereto and made part hereof as Exhibits "A" and "B", is deemed unnecessary
for present and prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of Sections 8331 and 8333
et seq. of the Streets and Highways Code of the State of California; and
WHEREAS, it is in the public interest of the City to vacate the hereinafter-described portion of roadway
easement and public utility easement; that said portion of said easement is unnecessary for present and prospective
public purposes; and
WHEREAS, it is necessary to retain the southerly five feet of the roadway easement as a public utility
easement; and
NOW, THEREFORE, BE IT RESOLVED THAT that certain portion of roadway easement and public
utility easement described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby
is vacated, but retaining a portion as a public utility easement.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to cause a certified copy of this resolution,
attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of
Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th
day of September, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
Ct¢Clerk/
~no
'"' Joe L. Akers
Akers & Associates, Inc.
'Civil Engineering
830 Bay Ave., Suite E
Capitola, CA 95010
EXHIBIT A
(APN 356-01-010)
ABANDONMENT OF EASEMENT FOR ROADWAY PURPOSES
All that certain real property situate in the City of Cupertno, Cour~ty of Santa Clam,
State of California and being a portion of that Easement for Roadway Purposes
recorded in document No. 13354903, P404 pages 1425 through 1432 on July 3,
1996, Santa Clam County Official Records and being mom particutarb, described as
follows:
Commencing at the common lot comer of Lots 59 and 55 on the Northerly line of
Ricardo Road as said lots and road are shown upon "Map of the 9th Addition Monta
Vista" which map was recorded April 11,1917 Jn Book "p- of Maps at Page 16 Santa
Clam County Official Records;
thence West along said Northerly line 216.08 feet to the beginning of a tangent curve
to the dght;
thence Northwesterly along said curve having a radius of 15.00 feet, a central angle of
48'11'23" and an arc length of 12.62 feet to the true point of beginning;
thence Northwesterly, Northerly and Northeasterly along last said curve having a
radical bearing of N 48°11'23" E, a radius of 15 feet, a central angle of 74,°17'47" and
an arc length of 19.45 feet;
thence N 32o29'10" E, (N 38008' E, Map) along the Southeasterly line of Stevens
Canyon Road (formerly San Jose Road), 167.17 feet to the most Northerly corner of
Lot 58 of said map;
thence N 22°37'29" E, (N 24°22' E, Map) continuing eiong said Southeasterly line of
Stevens Canyon Road, 32.32 .feet to the No~d~easterly line of Parcel Two as said
parcel is described in the Deed to Harold George Barclay, et ux, recorded April 24,
1996 in Document No. 0013271878, Santa Clara County Official Records;
· thence S 33°07'29" E, (S 30°45' E, Deed) along said Northeasterly line 12.10 feet to a
line parallel with and distant 10.00 feet Southeasterly measured at right angles from
said Southeasterly line of Stevens Canyon Road;
thence S 22037,29. W, along said parallel line 26.37 feet;
thence $ 32o29,1 O" W, continuing along said parallel line 146.62 feet to the beginning
of a tangent curve to the left;
thence Southwesterly, Southeasterly and Easterly along said curve having a radius of
20.00 feet, a central angle of 122o29,10, and an arc length of 42.76 feet;
thence West, along a line parallel with and distant 5.00 feet Northerly measured at
right angles from said Northerly line of Rlcardo Road, 35.33 feet to said true point of
beginning.
Reserving the most Southerly 5.00 feet of the above-described abandonment as an
easement for public utility purposes.
Containing an area of 2,373 square feet more or less.
Joe L. Akers
Akers & Associates, Inc.
Civil Engineering
830 Bay Ave., Suite E
Capitola, CA 95010
EXHIBIT A
(APN 356-01-010)
ABANDONMENT OF PUBLIC UTILITY EASEMENT
All that certain real property situate in the City of Cupertino, County of Santa Clara,
State of California and being a portion of the Public Utilities Easement recorded in
document No. 13354902, P404 pages 1419 through 1424 on July 30, 1996, Santa
Clara County Official Records and being more particularly described as follows:
Commencing at the common lot corner of Lots 59 and 55 on the Northerly line of
Rioardo Road as said lots a'nd road are shown upon "Map of the 9th Addition Monta
Vista" which was recorded April 11,1917 in Bcol( "P" of Maps at page 16, Santa Clara
County Official Records~
thence N 33007'29,, W, (N 30045, W, Deed) along the Northeasterly line of Parcel One
as said parcel is described in the Deed to Harold George Barclay, et ux, recorded April
24, 1996 in Document No. 0013271878, Santa Clara County Official Records, a
distanci~ of 5.97 feet;
thence West along a line parallel with and distant 5.00 feet Northerly measured at
right angles from said Northerly line of Rioardo Road, 188.67 feet to the beginning of a
tangent curve to the right; .
thence Westerly and Northwesterly along said curve having a radius of 20.00 feet, a
central angle of 41°24'35.. and an arc length of 14.45 feet to a line parallel with and
distant 10.00 feet Northerly measured at right angles from said Northerly line of
Rioardo Road and be'ng the true point of beginning;
thence Northwesterly, Northerly and Northeasterly continuing along said curve to the
right, from a radial bearing of N 41°24'35" E and having a radius of 20.00 feet, a
central angle of 81 ° 04'35" and an arc length of 28.30 feet to a line parallel wfth and
distant 10.00 feet Southeasterly measured at right angles from the Southeasterly line
of Stevens Canyon Road (formerly San Jose Road);
thence $ 57'30'50" E, 5.00 feet:
thence ,Southwesterly, Southeasterly and Easterly from a tangent bearing of S
32°29'10- W, along a curve to the left having a radius of 15.00 feet, a central angle of
122o29'10. and an arc length of 32.07 feet to said line parallel with and distant 10.00
feet Northerly measured at right angles from said Northerly line of Ricardo Road;
thence West along last said parallel line 13.23 feet to the said flue Point of beginning.
Containing an area of 142 square feet more or less.
5TI~_~' D~D~-.A'i'iON TO BE
5fP~EI O~-D~CATION ~
t~ DC~LJMEN¥ ND. 13554DO3
P404 PAGE 142G lht~J 1432
EXHIBIT "B"
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