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,
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. \ 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
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THE CITY OF CUPERTINO.' -- STATE OF CALIFORNIA
(DOC. NO. 20943339) , V4'- n RIGHT OF WAY
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PORTION OF PUBLIC STREET EASEMENT' \ PORTION• OF PUBLIC STREW EASEMENT)
(8620 O.R. 487)
TO BE QUITCLAIMED
7±SQ. FT.
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NON ACCESS — ''''\. \ TO REMAIN
\ LANDS OF FREMONT UNION HIGH SCHOOL
(6324 O.R. 589) v.,- PARCEL THREE
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(49600.R. 136)
PARCEL B
,-.,8011,54.501. .. . —•' ::-- (8620 O.R. 487)
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PLAT TO ACCOMPANY DESCRIPTION SEPT., 201 2
SCALE
PORTION OF PUBLIC STREET EASEMENT TO BE QUITCLAIMED •1" 10'
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CUPERTINO CALIFORNIA DR.13Y Cj
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, 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
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