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CC Resolution No. 12-116 Vacation Easement for Don Burnett Bicycle-Pedestrian Bridge RESOLUTION NO. 12-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF PUBLIC STREET EASEMENT AS PROVIDED IN SECT[ON 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 Public Street Easement recorded July 29, 1969 as Book 8620, page 487 of Official Records and more particularly described in legal description and map attached hereto and made part hereof as Exhibits "C" and "D", 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 portions of Public Street 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. 12-116 Page 2 Vote Members of the City Council AYES: Santoro, Mahoney, Chang, Sinks, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: c ` c --G Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino September 6,2012 lob No, A03229-7 Page ].of I EXHIBIT"C" Legal Description Portion of Public Street Easement To be Quitclaimed A portion of that certain Public Street Easement situate in the City of Cupertino,County of Santa Clara, State of California recorded on July 29, 1969 in Book 8620,Page 487 Santa Clara County Records and being the identical Parcel of Land described in that certain Quitclaim Deed to the City of Cupertino recorded on November 4,2010 as Document Number 20943339,Santa Clara County Records and being more particularly described as follows: Beginning at a point on the southerly line of said the Lands of the City of Cupertino as described in said Quitclalm Deed at the southwest corner thereof; Thence along said southerly line North 76°07'42"East, 10.00 feet; Thence leaving said southerly line South 84°35'55" West, 9.72 feet to a point on the westerly line of said Lands of the City of Cupertino; Thence along said westerly line South 00°52.'43" West, 1.48 feet to the Point of Beginning. Containing 7±square feet. As shown on Exhibit"I7" attached hereto and by this reference made a part hereof. Description prepared by Icier&Wright Civil En;inecrs&Surveyors,Inc, 9 - 6 - I ?-- . .. R`r' � I Date 7litt.'. R. Vigil;LS %;5.6 , Cu'1(071CrS\AD3229-7DUCSU,egul Docripi ionelSt.Quilo1AIm2.doc \"k li . .......:x„.•• ili,_- ..,„„,......... Elkstgt ' .- ‘ta \Aug:, Y -,.. - • -- , h- NCNOC '.... 0.. ?•‘-' ' I. p PIC/C' \ Lo 0 (...4 NON ACCESS •-"' , LANDS OF .1.1. ....-• --• al . \ THE CITY OF CUPERTINO uu 7) liz-e-• t\, •(68-04 O.R..315) (DOC. NO. 21591730) LINE TALI:LE,'. — ' \ (FORMERLY MARY AVENUE) i...: b (..) (..4 LINE BEARING DISTANCE I— '''-• Z 2 Li S005243 W 1.4 81 k r • ,.... --_, n- cer A U L2 S 8435'55'W 9.72' _., b — L3 N 76•07'42"E 10.00' 0. Q, Er. i • POINT OF BEGINNING-- t --L---4. \ _ 1 - - — . — LANDS OF .. PROPOSED 1. THE CITY OF CUPERTINO.' -- STATE OF CALIFORNIA (DOC. NO. 20943339) , V4'- n RIGHT OF WAY ' IV PORTION OF PUBLIC STREET EASEMENT' \ PORTION• OF PUBLIC STREW EASEMENT) (8620 O.R. 487) TO BE QUITCLAIMED 7±SQ. FT. - "•4 NON ACCESS — ''''\. \ TO REMAIN \ LANDS OF FREMONT UNION HIGH SCHOOL (6324 O.R. 589) v.,- PARCEL THREE „......1 (49600.R. 136) PARCEL B ,-.,8011,54.501. .. . —•' ::-- (8620 O.R. 487) 10)1 e ..-0 .sM)) ' ,. OD' ct ON 1_ c9•160 C/' . " •-•- ''' \ (DOC.. NO. 1 89 74 77 8) • . ... ... . Isa itt.i.t. t ? • . -, \I\--''.' , . '• "Rs U-r, , . S '4,-' k KO -•‘‘`i- L. — maassairawernstakm.O.umoommastankkaamikomieckomakun=pewakk.olfr PLAT TO ACCOMPANY DESCRIPTION SEPT., 201 2 SCALE PORTION OF PUBLIC STREET EASEMENT TO BE QUITCLAIMED •1" 10' -- • CUPERTINO CALIFORNIA DR.13Y Cj ---- , KIER & WRIGHT JOB A03229-7 EXHIBIT "D" — CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO, 3 350 Sem lioulavard,!Wilding 22 (408)727 6665 , ,x.x,p-k., on.046.0,4*romownoiflOICUOSOCRAVellAIMAIN21-0.U.W11-ISI fr'Luton lakkt,It at MI SWIM Clara,California 95054 fax(408)727 5641 1 • OF I 1