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CC Resolution No. 12-029 Vacation of a Portion of Finch Avenue RESOLUTION NO. 12-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF FINCH AVE AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, that portion of a City street known as Finch Avenue and more particularly described in legal description and map attached hereto and made part hereof as Exhibits "A" and "B", is deemed unnecessary for present and prospective public street purposes; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portion of City street. BE IT FURTHER RESOLVED: 1. That the 1St day of May, 2012, at 6:45 p.m., in the Community Hall, 10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of March, 2012, by the fo[lowing vote: Vote Members of the City Council AYES: Santoro, Mahoney, Chang, Sinks, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: 614,6SJ4VIAkt- Grace Schmidt, Acting City Clerk Mark Santoro, Mayor March 13,2012 611713KF BKF No. 20086021 Page 1 of 2 ENGINEERS SURVEYORS?PLANNERS EXHIBIT"A" Legal Description STREET VACATION All that certain real property, being a portion of Parcel 2, as shown on that certain Parcel Map filed for record on August 3, 1987 in Book 576 of Maps, at pages 31 and 32, Records of Santa Clara County situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the found City of Cupertino control monument, being a 3-1/2" diameter brass disk stamped"City of Cupertino" inside monument well,at Vallco Parkway; Thence leaving said control monument, South 31°45'23" West, 55.00 feet to a point on the southerly right-of-way line of Vallco Parkwway; thence easterly along said southerly right-of- way line,North 58°14'37" West 5.00 feet to the beginning of a non-tangent curve, concave to the south,said point also being the True Point of Beginning of this description; Thence leaving said point,the following five(5)courses: 1) Southerly along said curve having a radius of 30.00 feet through a central Angle of 90°00'00", for an arc Length of 47.12; 2) South 31°45'23" West, 0.15 feet to the beginning of a tangent curve to the bottom, having a Radius of 888.00 feet; 3) Southerly along said curve, through a central Angle of 32°15'33", for an arc Length of 499.97 feet; 4) South 00°30'10" East,200.91 feet to the beginning of a tangent curve to the left, having a Radius of 25.00 feet; 5) Southwesterly along said curve, through a.central Angle of 90°06'10", for an arc Length of 39.31 feet to the northerly right-of-way line of Stevens Creek Boulevard; Thence along said northerly line of Stevens Creek Boulevard, North 89°36'00" East, 71.07 feet; thence North 89°31'44" East, 54.96 feet to the beginning of a non-tangent curve, concave to the north, having a Radius of 25.00 feet; Thence leaving said northerly line of Stevens Creek Boulevard;the following six(6) courses: 1) Northerly along said curve, through a central Angle of 89°58'06", for an arc Length of 39.26 feet; 2) North 00°30'10" West, 201.07 feet to the beginning of a tangent curve to the right, having a Radius of 812.00 feet; 3) Northerly along said curve, through a central Angle 32°15'33", for an arc Length of 457.18 feet; 4) North 31°45'23"; 015 feet to the beginning of a tangent curve to the right, having a Radius of 30.00 feet; 5) Northeasterly along said curve, through a. central Angle of 90°00'00", for an arc Length of 47.12 feet to the said southerly right-of-way line of Vallco Parkway; Legal Description STREET VACATION Page 2 of 2 6) Northwesterly along said line of Vallco Parkway, North 58°14'37" West, 136.00 feet to the True Point of Beginning of this description. Containing 56,495 square feet or 1.30 acres,more or less. As shown on plat attached hereto and made part hereof as EXHIBIT B. This description was prepared by me or under my direct supervision. BKF Engineers John Koroyan, P.L.S.No.8883 License expires 12-31-2013 Dated LEGEND 0 75 150 300 T.P.O.B. TRUE POINT OF BEGINNING FOUND BRASS DISC WITH PUNCH MARK, STAMPED (SCALE IN FEET) "CITY OF CUPERTINO" =' PER P.M. 325 M 12, LINE TABLE P.M. 438 M 12-13 LINE LENGTH BEARING AND P.M. 576 M 31-32 - IN LI 71.07' N89'36'00'E • R�50.00' 4...32.c. L2 54.96' S89'31'44'W '*7 s\ j? L3 136.00' S58'14'37'E ?,Y• sO CURVE TABLE 6S0 T.P.O.B. CURVE LENGTH RADIUS DELTA CI 47.12 30.00 9000'00" N58'14'37"WyA, C2 47.12 30.00 9000'00" 5.00'. 3)•* S31 45'23"W- G ` `SOS PORTION PARCEL 3 0.15' ^ '<< moo• 325 M 12 3,' N� Cp40 3 . ; SF q/, ;tip + '1' ! oo ro 0 PARCEL B N a DOC. NO. 19945855' c PARCEL 2 03 •a Ili 0 576M31632 N of o r $ N 3 3 o o R=25.00' M I b R=25.00' A=9006'10" t.=8938'06" L=39.31' g $ —L=39.26' LI L2 '•- N89 36'00"E 391.34' "'- I N8931'44"E 418.76' STEVENS CREEK BOULEVARD EXHIBIT "B" CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA PLAT TO ACCOMPANY K:\ENG08\086021\DWG\EXHIBITS\VACATION PLAT & LEGAL\MAW STREET PLAT.DWG LEGAL DESCRIPTION 981 KIDDER PARK DRIVE Subject MAIN STREET CUPERTINO — surrE 100 STREET VACATION SAN JOSE, CA 95131 Job No. 20086021 �• 408-467-9100 By PK Date 03-13-12 Chkd. SC 3 408-467-9199 (FAX) SHEET 1 OF 1