CC Resolution No. 12-115 Notice of Intent to Vacate, Easement for Don Burnett Bicycle-Pedestrian Bridge RESOLUTION NO. 12-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF THE STREET
PURPOSE EASEMENT AND THE PUBLIC ROADWAY PURPOSE EASEMENT 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 (NEAR THE NORTH APPROACH TO THE DON
BURNETT BICYCLE-PEDESTRIAN BRIDGE)
WHEREAS, a portion of the Street Purpose Easement recorded August 20, 1969 as Book
8644, page 619 of Official Records and a portion of the Public Roadway Purposes Easement
recorded September 10, 1975 as Book B605, page 136 of Official Records 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 one Street Purposes Easement and portion one of
Roadway Purposes Easement.
BE IT FURTHER RESOLVED:
1. That the 5th day of November, 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 easements 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 2nd day of October, 2012, by the following vote:
Resolution No. 12-115
Page 2
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
j
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
September 6,2012
Job No A03229-7
Page 1 of 1
RXHIBIT"A"
Legal Description
Portions of the Street Purpose Easement&the Public Roadway Purpose Easement
to be Quitclaimed
Being portions of that certain Street Purpose Basement and that certain Public Roadway
Purpose Easement situate in the City of Cupertino, County of Santa Clara,State of
California which were recorded on August 20, 1969 in Book 8644,Page 619 and also on
September 10, 1975 in Book 6605,page 136,Santa Clara County Records being more
particularly described as follows:
Beginning at a point on the northerly right-of-way of the Lands of the State of California
at the southeast corner of the Lands of the City.of Cupertino as described in that certain
Judgment recorded on March 21, 2012 as Document Number 21591730, Santa Clara
County Records;
Thence North 00°52'43"East,along`the easterly lane of said Lands of the City of
Cupertino a distance of 1.48 feet;
Thence leaving said easterly line and continuing along the following seven (7) courses
and distances;
1. South 84°35'55"West,2,47 feet;
2. North 86°29'09"West,9.82 feet;
3. North 78°28'59"West, 19.26 feet;
4. Along the are of a tangent curve to the left having a radius of 100,00 feet,through
a central angle of 7°48'49"an arc distance of 13.64 feet;
5. North 86°17'48"West, 13.48 feet;
6, South 52°21'25"West, 34,41 feet;
7, South 53°48'31"West, 21.63 feet to a point on the northerly line of said Lands of
the State of California;
Thence North 76°06'39" East along said northerly line, 105.88 feet to the Point of
Beginning.
Containing 1,203 It square feet.
As shown on Exhibit"B"attached hereto and by this reference made a part.hereof.
Description prepared by Kier&Wright Civil Engineers &Surveyors, Inc. .t. . ^ill
y` ;
9 '. .,
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er. ,
Date Jh my R.Vigil;L• t925.6
I;WRO111Cr31AO3229-7V)OCS\LCgaI Des riplkDI Slr3°tQuitclaiias.due 1� -,
I `i' iF 6EfitiIh7VAL:Fy t„ r
• LINE TABLE: rl�,�., r.Ss;_ �i"l_.�.
LINE BEARING DISTANCE '' _ ` tit?I �� �'�t
Ll S 53'48'31"W 21.63' ,r ,`,--,-----,-: .__
12 S 84'35'55"W 2,47' �. ~"-..---�—
d ..
L3 N 00°52�43� E 1.48' , p,-1 1, P G�yF• --(;.1TY ,?r" ctRI'ie:f�i`JNO.
14 N 86'29'09"W 9.82 6s,,.t' 10 Iz 4?,ES) CORP ORi,T ION I,.fk;.rL
L5 N 78'28'59"W 19,26' (,F;'3/1 p' ,+!?.9)
•
L6 N 86'174#8"W 13.48' rd.n...'. ''' .. 101 LANDS OF
THE CITY Of CUPERTINO
CURVE TABLE; (DOC. NO. 21591 730)
CURVE RADIUS DELTA LENGTH (} (FORMERLY MARY AVENUE)
•
Cl 100.00' 7'48'49" 13,64' '�,�`
NON ACCESS
(68a4 0..R.315) i.,.. � � PORTION OF STREET PURPOSE EASEMENT
PORTION 1r'S`a'REET PURPOSEMOMENT .6'' 1.x . (8644 O.R. 619)
($:6'44 Q.R. 61 ). 1 )? . &
& `� \ \i, !y ROADWAY PURPOSE EASEMENT
ROADWAY PURPOSE EASEMENT (6605 O.R. 136)
(B605 O.R. 136) PROPOSED TO REMAIN
TO BE QUITCLAIMED ... tzi. STATE OF CALIFORNIA
1,203 t SQ. FT. . ,. RIGHT OF WAY
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,2 y��1F 1r 531=1.` 4aO 7 '6)"07.2)
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BEO1 NN NG
LANDS OF FREMcNTIUNIO'N 111GH SCHOOL
L3 (4960 O.R. 136), (6620 U.R. 487)
lo '•.til ,�?, 0 Q' yC,�.r_ �,Ul PG&E ESA+I'I' ��
Vi , '` ,(1.0.
t 1 W()C:. N[), 1 K97477Ei)
0169�:� 1:;> _ _.___ _ _I_ I _______.___--_._
.ir �`1,G NON ACCESS
''4 X1,1 (6324 O,R. 589) c v
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1141'
PLAT TO ACCOMPANY DESCRIPTION SEPT,, 2012
STREET EASEMENT PORTIONS TO BE QUITCLAIMED SCALE 1 30'
CUPERTINO
CALIFORNIA DR. BY c1
" r, . KIER & WRIGHT TM A03229-7
EXHIBIT "B" CIVIL ENGINEERS&SURVEYORS, INC. SHEET NO.
3350 Scott 9oulawd,OWldlrw 22 1400)72765G5
amp.. ohn -Vms-r„, ,,n,"nn"all,A..,uK.1mr.wrawr-101 to, ilOW 41c4 wr.v Santa Clara,Callrornla 95054 Fax(400)727_5041 1 OF 1