E-685 Vacation of Public Utility Easement N Quintero & Carmen, Retaining Ingress/Egress w•
N•
PROOF OF PUBLICATION Filing Stamp
(2015.5 C.C.P.) PROOF OF I ITS INTENTION TO ORDER
VACATION OF A PORTION
State of California I OF CARMEN ROAD L.0-
C®unty of Santa Clara r i CATED NORTH OF CA
R
TERNO COURT,.. ,CA
^'--+— MER ROAp,RETAINING'
INGRESS,AND`EGRESS
EASEMEq_rAND PUBLIC .
UTILITY•EASEIVIENTs ASS
I am a citizen of the United States and a I PROVIDED IN SECTION
8320:ET SEQ.OF THE
resident of the Count aforesaid: I am over STREETS AND HIGHWAYS
Y l CODE�OF THE STATE OF
I CALIFORNIA,FIXINGTIME'
the age of '18 years, and not party to or AND PLACE FOR'PUBLIC
HEARING-AND PROVIDING
interested in the above entitled matter. I am FOR,NOTICE:THEREOF '(
WHEREAS,that portion of
a city street known'a.s
the principal clerk of the printer of the: Carmen Road'and more-
particularly.described:'in
The Cupertino Courier, 20465 Sliverado tache pheretod map';at-
tached.hereto andi made .
part Hereof as Exhibiis."A"' I
Ave., Cupertino California a newspaper of and"B",respectively,is
unnecessary for present or
general circulation, printed every Wednesday prospective public'Street
purposes andrWH�EREAS
it is the nt inte to retain an._
in the City of San Jose, State of California, ingress and..egress ease
4ment and publlcyutility,,,� i
County of Santa Clara, and which newspaper -______ easement; d°WHEREW''�
the City Council eiects f
RESOLUTION NO.1385 _ proceed pursuant to_the
has been adjudged a newspaper of general A RESOLUTION•OF`THE provisions of 5ectiop,83.20
CITY COUNCIL OF THE CITY' I et seq of the Streets and
circulation by the Superior Court of the OF CUPERTINO`DECLARING` High-waysCodeofthe
I State.of California and
I WHEREAS-it-is deemed to
County of Santa Clara, State of California, be irkHe public interests
tfiat the•City.Council:;etects
Case Number CV328150 that the notice of — to proceed,td orde`said'
vacation.
NOW,THEREFORE,BE IT
which the annexed is a printed copy (set in �� RESOLVED'that the City".
1;Z1 Council hereby declares its.
type not smaller than nonpareil), has been intention'-to vacate'the
aforesaid portion of city,: I
published in each regular and entire issue of street.
p g `' � I BE IT FURTHER RESOLVEDt'i
1
said Newspaper and not in any supplement "` I That the 5th day of
'� i September;1995;-
at6 45 p.m.;in the
thereof on the following dates, to wit: , Council Chamber;
�� City Hall;10300 Torre
Avenue,Cupertino,-
°r 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 i
from passage of this reso-
lution pursuant to law. .
all In the year of 1995 3. That the�City'Clerk shall,'
cause a certified copy of
certify (or declare) under penalty of perjury this resolution to be pub-
' lished in the manner pre-
scribed by law,and shall;.
that the foregoing is true and correct. I cause certified copies -
I be posted along the line-of
said property proposed to
<.--f°" be vacated-at Ieast.10
Dated: i d k ' _ days:before the date of
" hearing and no rriore`thap
t 300 feet-apart with a mini-
mum of 3.-being posted
at San Jose, California :PASSED'AND=ADOPTED at
a regular meeting of the
City Council of the City of
Cupertino this 17th day of
July,-1995,by the followings
vote:
Vote Members of the City
1 Council
4 AYES:
ti 4 S �� � � � �•;�a�.i..�.; .;�„) Bautista,-Burnett,Koppel;,-,I
Kathy Wrightson Sorensen,Dean
NOES:
None'
ABSENT: t
None i
ABSTAIN:;
`None
APPROVED:-
/s/1NaIly� ean/ `rte '° �
Mayor' iW7o D f Cupertino
ATTES+T,`
/s/Kimberay Smith
City,Clerk'`
(Pub CC►�7�26)�� � ,
v -
RESOLUTION NO. 9385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION
OF CARMEN ROAD LOCATED NOk,'TH OF QUINTERNO COURT AND
CARMEN ROAD, RETAINING INGRESS AND EGRESS EASEMENT
AND PUBLIC UTILITY 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
WHEREAS, that portion of a city street known as Carmen Road and more .
particularly described in description and map attached hereto and made part hereof as
Exhibits "A" and "B", respectively, is unnecessary for present or prospective public street
purposes; and
WHEREAS, it is the intent to retain an ingress and egress easement and public
utility easement; 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 5th day of September, 1995, at 6:45 p.m., in the Council
Chamber, City Hall, 10300 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.
a
6 '
RESOLUTION NO. 9385
PAGE 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of July, 1995, by the following vote:
Vote. Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
ATTEST:
/s/ Kimberly Smith
City Clerk
a -
VACATION OF A PORTION OF CARMEN ROAD
LEGAL DECiCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California described as follows:
Beginning at the northwesterly corner of Parcel A as said Parcel is shown on that certain , '
Parcel Map recorded in Book 508 of Maps at pages 45 and 46, Santa Clara County
Records, said point being on the easterly line of Carmen Road; thence along the westerly
line of said Parcel A S 00'08'54" W 100.24 fleet; thence along a tangent curve to the left
from a tangent which bears N 00°08'54" E thru a central angle of 73°23'54" with a radius
of 35.00 feet for an arc length of 44.84 feet to the center line of said Carmen Road; thence
along said center line N 00°08'54" E 39.78 feet; thence leaving said center line
S 89°51'06" E 25.00 feet to the POINT OF BEGINNING.
,..� oFESS�
NO.14001 w -
rn
j;cc EXP z f I
�t
PREPARED BY: v►
MARVIN D. KIRKEBY .T``
R.C.E. No. 14001
EXPIRES 3/31/97
i
P.O.B.
N89.51'06'w
25,A/
0
X
m
e
M
W/ Vacated
I,216 >,.F, N
M
SCALE;1" 20' p 0.0 2 8, ± o c. f6
0
° � 6
. z
A M �
o PGA•5p8
0
\ -
P. '
0
PORTION 0 CARMEN \ = 73.23°54" `d
R '
ROAD PRE IOUSLY\ 35 W)
VACATED Y \� \\ = 44,84 0.
RESOLUT N \` o
\ NO 59 \\ N89.5106"W z
4 6\ \�\\\\ +1CLQSZ+.
\ �
\ \ \\\,� N
\ W
1 0 --
I
o QUINTERNO COURT
Q z
0 __ N89.51'06"W
Z ( Private Street)
v KIRKEBY *ENGINEERING CORP.
10950 N. Blaney Ave,
Cupertino, CA. 95014 (408)252-9690
r!AT' TO ACCOMPANY QESCRI)67 0
N
0
Scale: 1" = 20' Dane; JUNE 1995 Job No. 95019
AFFIDAVIT OF POSTING
RESOLUTION NO. 9385
DECLARING INTENTION TO VACATE A PUBLIC UTILITY EASEMENT
o `
being first duly sworn, deposes and says:
That he/she is a citizen of the United States and over the age of twenty-one years;
That at the instance of and for and on behalf of the City Clerk of the City of
Cupertino, he/she posted Resolution No. 9122. at not more than 300 feet apart, and not
less then three in all; that said posting was fully completed on the day of
AjAus+ 1995; that a copy of said resolution is hereto attached, marked Exhibit
"A", and by reference made a part hereof.
Subscribed and sworn to before me
this .t-.day of , 1995.
deputy City Clerk.
RESOLUTION NO. 9385
A RESOLUTION OF THE CITY COUNICIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION
OF CARMEN.ROAD LOCATED NORTH OF QUINTERNO COURT AND
CARMEN ROAD, RETAINING INGRESS AND EGRESS EASEMENT
AND PUBLIC UTILITY EASEMENT AS PROVIDED IN SECTION 8320
ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FIXING TIME Ali l) PLACE FOR PUBLIC HEARING
AND PROVIDING FOR NOTICE THEREOF
WHEREAS, that portion of a city street known as Carmen Road and more
particularly described in description and map attached hereto and made part hereof as
Exhibits "A" and "B", respectively, is unnecessary for present or prospective public street
purposes; and
WHEREAS, it is the intent to retain. an ingress and egress easement and public
utility easement; 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 5th day of September, 1995, at 6:45 p.m:, in the Council
Chamber, City Hall, 10300 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.
THIS IS TO-CERTIFY THAT TH.E WITHIN
INSTRUMENT:IS ATRLIE AN CORRECT COPY
OF THE ORTG:INAL C N .FILE IN THIS°OFFICE.
ATTEST-
CITY CL 1�,OF THk CITY OF-CUPERTINO
BY�
wc,�`— CITY -C L E R K
`J
RESOLUTION NO. 9385
PAGE 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of ,Tuly , 1995, by the following vote:
Vote Members of the City Council
AYES: Bautista, Burnett Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
ATTEST:
/s/ Kimberly Smith
City Clerk
4