E-701 VACATION OF ROADWAY, 10067 BIANCHI WAY a
r
RESOLUTION NO. 99-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTIN0 DECLARING
ITS INTENTION TO ORDER VACATION OF A PORTION OF BIANCHI WAY AS PROVIDED
IN SECTION 8320 ET SEQ. OF TI-IE STREETS AND IIIGHWAYS 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 Bianchi Way, 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 prospi.rtive 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 6th day of December, 1999, 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 18th day of October, 1999, by the following,vote:
Vote Members of the City Council
THIS IS TO ;.
AYES: Burnett, Chang, Dean, James, StZLttoIl INSTRUMENT IS A TRUE. As'qo CORRECT N
NOES: None OFTHE ORIGINAL ON FILE IN THIS OFFICL
ABSENT: None AT M(DATE)
ABSTAIN: None CITY CLERK OF THE CITY OF CUPE_M_
' BY
ATTEST: APPROVED:
/s/Kimberly Smith /s/'Wally Dean
City Clerk Mayor, City of Cupertino
cc E XHIMT .A, cc
RO.=-D WAY VACATION TO THE CITY
OF CUI'ERTINp
OCTOBER, 1999
All that certain real property situate in the Coun
particularly described as follows; tY:of Santa Clara, State of California, more
Beginning at a point of the intersection of the Southerly line of that described in the Decd from Southern Pacific Con1 an certain 30 feet strip of land
1937 and recorded Company to County of Santa Clara, dated April 5,
December 7, 1937 in book 853 Official Records, page 248 Sant
County Records, and the Westerly line of that certain arcel of 1 a Clara
described in the De-,-d from Bank of A ucrir.an to Pen Parcel and, 40 foot right of the way,
2S, 1941 in Book 1038 Official Records, Page o P Santa hi, dated April 10, and record April
alone the said Sout!:erly line of that certain 30 feet strip f land d Cory Record, thence run-rung
P N 89 deg. 57 00 ; E � - g
` �1 feet;
Thence on a curve to the right , with a radius of 35 feet
for a distance of 20.08 feet; t hrough a central angle of 32 deg. 52- 42 ••
Thence running along the center line of said 40 foot r-
line line of Stelling Road, S 00 deg. 03 41 « E g of way and parallel with the Easterly
54.4--7 feet:
Thence rurul.irig w1,11, the Southerly boundary line S 89 deg.• 57 ` 00 " W 20.00 feet;
Thence rwu1ing N 00 deg. 03 ` 41 " W 63.76 feet to the Point of Beginning. ,
Containing : 1,173 square feet, more or le
0.027 acres, more or less less.
A. P. N. 359 - 07 - 09 .
G
�,\�Q -P
25538
1 �
� h �
�t
LL) vi
N'91 fl
a — LL
�-
FzT
�j o
w J WN
N
c� o Q5
w �1
� }
W
r_ C14
V _
1 �.
7
w
LD
LD
J
ui
c
W I
oOoN
PROOF OF PUBLICATION PROOF OF PUBLICATION
Filing Stamp
(2015.5 C.C.P.)
State of California
County of Santa Clara
am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled matter.
am the principal clerk of the printer of
the: The Cupertino Courier, 20465
Silverado Ave., Cupertino
California, 95014 a newspaper of
general circulation, printed every
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, Case Number
CV1oo637 that the notice of which the
annexed is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire issue
of said Newspaper and not in any
supplement thereof on the following
dates, to wit:
In the year 1999
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated: 11�
at San Jose, California
L " j-.--- 1-1
c
Kathy Wrightson
s
PROOF OF PUBLICATION PROOF OF PUBLICATION
Filing Stamp
(2015.5 C.C.P.)
State of California
County of Santa Clara
am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled matter.
I am the principal clerk of the printer of
the: The Cupertino Courier, 20465
Silverado Ave., Cupertino
California, 95014 a newspaper of
general circulation, printed every
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, Case Number
CV1oo637 that the notice of which the
annexed is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire issue of said Newspaper and not- in any ��9, C � � 9J- )
supplement thereof on the following
dates, to wit:
In the year iggg
certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated: o�
at San Jose, California
OL UJU
t
Kathy W rhtson
' a G
_RESOLUTION BE IT. FURTHER _
NO.99-305 RESOLVED:
A RESOLUTION OF THE 1. That the 6th day of
i CITY COUNCIL OF THE December,1999,at 6:45 EXHIBIT A
CITY OF CUPERTINO p.m., `in the Council
DECLARING ITS INTEN- Chamber, City Hall, ROAD WAY VACATION TO THE CITY.OF CUPERTINO
TION TO ORDER VACA-- 10300 Torre Avenue,.
TION OF A PORTION OF Cupertino, California, is
BIANCHI WAY AS PRO the time and place fixed OCTOBER,1999
VIDED IN - SECTION for.hearing-on the above
8320 ET SEQ. OF THE proposed vacation;
STREETS AND HIGH- 2. That the aforesaid All that certain real property situate in the-County of Santa Clara,State of California,more
WAYS CODE OF THE date is not less than 15 particularly descried as follows;
STATE OF CALIFORNIA, days from passage of
FIXING TIME AND this resolution pursuant Beginning at a point of the intersection of the Southerly line of that certain 30 feet strip of land
PLACE FOR PUBLIC to law; described in the Deed from Southern Pacific Company to County of Santa Clara,dated April'S,
NEARING AND PROVID- 3. That the City Clerk 1937 and recorded.December 7,1937 in book,853 Official Records,.page 248 Santa Clara
ING FOR NOTICE shall cause a certified
County Records,and the Westerly line of that certain parcel of land,40 foot right of the way,
THEREOF copy of this resolution
WHEREAS, -that.por- to be published in the described in the Deed from Bank of American to Peter Bianchi,dated April 10,and record April'
tion Ofd city street manner prescribed by 28,1941 in Book 1038 Official Records,Page 156,Santa Clara'Counry Record,thence running
known as Bianchi Way, law, and shall cause
alone the said Southerly line of that certain 30 feet strip of land.N 89 deg.57`00"E 2.5 l feet;
and more particularly certified copies to be
� described in descrip- posted along the line • -Thence on a curve to the right,with a radius of 35 feet,through a central angle of 32 deg:52'42
tion and map attached of said- property pro- for a distance of 20.08 feet; .
hereto and made part posed to be vacated at
hereof as Exhibits "A" least 10 days before Thence running along the center line of said 40 foot right of way and parallel with the Easterly
and "B" respectively, the date of-hearing line of Stelling Road,S 00 deg.03'`41"E 54.¢-7 feet:' I
is unnecessary for pre- and no more than 300
sent' or prospective feet apart with a mini- .Thence running with the Southerly'boundary line S 89 deg.57`00"W 20.00 feet;
public street purpos- mum of 3. being post- :
es;and ed.- Thence running N 00 deg.03`41"W.63.76 feet to the Point of Beginning.
WHEREAS.: the -City: PASSED AND ADOPTED
Council,elects 'to pro- at a regular meeting of -
ceed pursuant to the the City Council of the Containing: 1,173"square feet,more or less.
provisions of Section City of Cupertino this 0.027 acres,more or less
8320 et seq. of the 18th day_of October,
Streets and Highways 1999; by the following A.P.N. 359-•07--,09-
Code of the State'of vote: Qaor /�
California;and Vote Members of the c,,ueh•HJ�F{F
WHEREAS, it is deemed. City Council to be in the public inter- ;AYES: Burnett, Chang, W I
ests that the. City Dean,James,Statton 4 25538
Council elects to pro NOES: None
Geed to order said vaca ABSENT:None sT C,v,� j
tion; ABSTAIN:None
'
NOW THEREFORE,BE IT ATTEST:APPROVED: 0 cAUE EsK I231/0/
RESOLVED that the City /s/Kimberly Smith
Council.hereby declares City Clerk j
its intention to. vacate
Is Dean _
the aforesaid portion of Mayor,City of Cupertino
city street.. (Pub CC 10127/99)
I ,
b LA�M J4 I WQY .
!_ z o.0 g r 57E VEt15: J EK
\ _ �
N 5-eQ°5100 E 163,50'
s 1rE
1.43,50,'.
3 3 LU
N 35q-07-0q �,�N 71( �/"P
NO-V TO S4 .LP- �
lz� o / tO m
o ur 0 `D `J\
it Q p
5 0q,,S1'vd"W 163,50
KOAD WAY
\16.CAT(0N
117 s�' r
-, -- -
�o/" EXH 113 IT 13
i
o `
I � FS P`=l i� -
LE iS E N D w KOAV WAY, y4cC\- tl D f\l
a 25538
- fFJJTER l_)u1= STREET . . ��i�-- �o -fiE./-iTY ,F awk-n-No
/t CIVI\ �r /
qj o� tanT>= 0�T.R Ci sCALE ( =40
-- PROPERTY LINE
AMES C. CHfKj,
r.O. 13 DEC 2 0 3 02 -SAN J05C;lam. Tr?16 0