CC Resolution No. 04-240RESOLUTION NO. 04-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A PORTION OF A ROADWAY EASEMENT WITHIN
'IHE CITY OF CUPERTINO PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; SHENG HWA HO AND
WEI TAI-FEN HO, 22279 JANICE AVENUE
WHEREAS, hearing on Resolution of Intention No. 03-211 was held on January 5, 2004, at a regular
meeting of the City Council at 10300 Torte Avenue, Cupertino, California;
WHEREAS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best
interest of the City to vacate the hereinafter described portion of roadway easement; that said portion of said
easement is unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That any and all protests of the vacation of said portion of roadway easement be and hereby
are overruled and denied.
2. That certain portion of roadway easement described and shown in Exhibits "A" and "B"
attached hereto and made part hereof, be and hereby is vacated.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to cause a certified copy of this
resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder
of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th
day of January 2004, by the following vote:
Vote
Members of the City Council
AYES: James, Kwok, Lowenthal, Sandoval, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
MfiYor, City o1~ Cu~ino
EXHIBIT "A"
GRANTOR: City of Cupertino, California
Grantees: Sheng Hwa Ho and Wei Tai-Fen Ho, husband & wife.
All that certain real property situated in the City of Cuper-
tino, County of Santa Clara, State of California, being a portion
of lands of Sheng Hwa Ho and Wei Tai-Fen Ho as said lands are
described in Grant Deed recorded on March 7. 2003, Document No.
16868879, Santa Clara County Official Records, described as
follows:
Beginning at a point on the Easterly line of said lands,
distant thereon N0°16'17"E 5.00 feet from the Southeasterly
corner thereof; thence along said Easterly line, continue
N0°16'17"E 5.00 feet; thence along a line which is parallel with
the centerline of Janice Avenue and distant therefrom 30 feet,
right angle measure, S89°51'47"W 16.00 feet; thence parallel
with said Easterly line, S0°16'17"W 5.00 feet; thence along a
line which is parallel with said centerline of Janice Avenue and
distant therefrom 25 feet, right angle measure, N89"51'47"E 16.00
feet to the point of beginning.
Containing 80 square feet, more or less.
Refer to Exhibit "B", Plat, which is hereby made a part of this
description.
Date: October 24, 2003
Prepared by: Edward J. Hahamian
Civil Engineer
APN: 357-01-102
Address: 22279 Janice Ave.,
Cupertino, CA
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
MONTA VISTA -02-07
Alt of that real property situate in the County of Santa Clam, State of Califomia, not
previously annexed to the City of Cupertino and lying within the area delineated by a
boundary that is described as follows:
BEGINNING at the Northeast corner of Parcel A as shown on that certain Record of
Survey recorded on July 9, 1964 in Book 182 of Maps at page 5, Santa Clara County
records, said point also being on the Southerly boundary of Stevens Creek Boulevard and
the Westerly boundary of the annexation to the City of Cupertino entitled 'McClellan No. l-
A'; thence leaving the Northerly boundary of said Parcel A and proceeding Northwest along
the Westerly boundary of annexation McClellan No. 1-A N20°30'09"W 43.34 feet more or
less to the intersection thereof with the center line of Stevens Creek Boulevard, 71.00 feet
wide as shQwn on said map; thence leaving the Westedy bour~,dary of said annexation
McClellan No. 1-A and continuing along the Southerly boundary of annexation McClellan
No. 1-A N90°00'00°W 201.70 feet more or less to a point on the Southeasterly comer of
the annexation to the City of Cupertino entitled "Rifredi 63-9"; thence leaving the Southerly
boundary of the aforementioned annexation McClellan No. I-A and continuing along said
Southerly boundary of annexation Rifredi 63-9 Ng0°00'00'W 125.00 feet more or less to a
point on the Southerly boundary of the aforementioned annexation McClellan No. l-A;
thence leaving the Southerly boundary of the aforementioned annexation Rifredi 63-9 and
continuing' along said Southerly boundary of annexation McClellan No. I-A N90°00'00"W
93.82 feet to a point on the Westedy boundary of said annexation McClellan No. l-A;
thence leaving the Southerly boundary of said annexation McClellan No. 1-A and
continuing along the Westerly boundary of annexation McClellan No. I-A N00°O0'00"W
29.93 feet more or less to the Southeasterly comer of the annexation to the City of
Cupertino entitled "Mann/Adriana 80-32"; thence leaving the Westedy boundary of the
aforementioned annexation McClellan No. I-A and continuing along said boundary of
annexation Mann/Adriana 80-32 N90°00'00"W 35.00 feet more or less to a point on the
Easterly boundary of the annexation to the City of Cupertino entitled "Mann 80-3"; thence
leaving the boundary of the aforementioned annexation Mann/Addana 80-32 and
continuing along said boundary of annexation Mann 80-3 S00°00'00'W 30.00 feet more or
less to a point on the Southerly boundary of said annexation Mann 80-3; thence continuing
along said Southerly boundary N90o00'00"W 296.73 feet more or less to a point on the
Easterly boundary of said annexation Mann 80-3; thence along said Easterly boundary
SO0°00'00"W 30.00 feet more or less to a point on the boundary of aforementioned
annexation Mann/Adriana 80-32; thence leaving the Easterly boundary of the
aforementioned annexation Mann 80-3 and continuing along said Eastedy boundary of said
annexation Mann/Adriana 80-32 S00o00'00"W 298.12 feet more or less to a point on the
Northerly boundary of Granada Avenue and the Southerly boundary of said annexation
Mann/Adriana 80-32; thence leaving the Eastedy boundary of annexation MannlAddana
80-32 and continuing along the Southerly boundary of annexation Mann/Adriana 80-32
N90°00'00"W 205.30 feet more or less to a point on the Westedy boundary of annexation
Mann/Adriana 80-32; thence leaving the Northerly boundary of Granada Avenue and
proceeding along said .boundary of annexation Mann/Addana 80-32 N00°00'OO"W 198.12
feet more or less; ther, N90°00'00"W 100.12 feet more less; thence S00°00'00'W
lgS. 12 feet more or less to a point on the Northerly boundary of Granada Avenue; thence
continuing along said Northerly boundary N90°00'00"W 300.45 feet more or less; thence
leaving the Northerly boundary of Granada Avenue and proceeding along the boundary of
annexation "Mann/Adriana 80-32" N00°00'00"W 328.15 feet more or less to a point on the
monument line of Old Stevens Creek Blvd. as shown on that certain Parcel Map recorded
May 26, 1983 in Book 513 of Maps at page 19, Santa Clara County records; thence
continuing along said monument line and said boundary line of annexation Mann/Adriana
80-32 N90°00'00"W 220.00 feet more or less to a point on the monument line of Byme
Avenue as shown on said Parcel Map and the boundary of the annexation to the City of
Cupertino entitled "Byme 78-2"; thence leaving the boundary of the aforementioned
annexation Mann/Addana 80-32 and continuing along said boundary of annexation Byme
78-2 N90°00'00"W 20.00 feet more or less to a point on the Westerly boundary of Byme
Avenue; thence continuing along said Westedy boundary S00°00'00"W 290.00 feet more
or less; thence continuing along the boundary of said annexation Byme 78-2 N90°00'00"W
305.33 feet more or less to the Northwest comer of Lot no. 31 as shown on that certain
map entitled "Tract No. 150, Stevens Creek Subdivision Map No. 2," as recorded in Book 5
of Maps at pages 4 and 5 Santa Clara County records, said point also being on the
Easterly boundary of the annexation to the City of Cupertino entitled "Blackberry 91-0";
thence leaving the Southerly boundary of the aforementioned annexation Byme 78-2 and
continuing along said Westedy boundary of said Tract Map and the Easterly boundary of
said annexation Blackberry 91-O the following courses and distances: S03°03'00"E 101.84
feet, S06°43'30"W 126.05, S15o04'00"E 95.58 feet, SO1041'30'E 92.22 feet, S06°15'00"E
48.91 feet, S28°53'00"E 140.96 feet, S04°26'30"E 139.81, S03°16'30"W 109.72,
S08°29'30"E 101.39 feet, S46°15'30"E 47.28 and S00°00'00"W 462.56 feet more or less to
a point on the Southwest comer of Lot no. 11 as shown on said Tract Map and the
Northerly boundary San Fernando Avenue; thence continuing along said Northerly
boundary and along the Southeasterly boundary of the aforementioned annexation
Blackberry 91-0 S57°30'00"W 165.98 feet more or less to the Westerly boundary of San
Femando Avenue; thence continuing along the Westerly boundary of San Femando
Avenue and the Southeasterly boundary of the aforementioned annexation Blackberry 91-0
S00°O0'00"W 30.00 feet more or less to the Northeast comer of Lot 59 as shown on that
certain map entitled "Tract No. 211 Stevens Creek Subdivision Map No. 4' as recorded in
Book 7 of Maps at page 31 Santa Clara County records; thence leaving the Westerly
boundary of San Femando Court and proceeding along the boundary of the
aforementioned annexation Blackberry 91-0 and the Northerly boundary of said Lot 59
S69°11'30"W 124.90 feet more or less to an angle point on the Northerly boundary of said
Lot 59; thence continuing along the boundary of said subdivision as shown on the
aforementioned Map for Tract No. 211 and the boundary of the aforementioned annexation
Blackberry 91-0 the following courses and distances: S83°09'00"W 239.08 feet,
S42°55'00"W 138.86 feet, S36o42'00"E 47.56 feet, S33°31'00"E 93.06 feet, S30°31'00"E
79.45 feet and S45°33'00"E 189.70 feet more or less to the Southwest comer of Lot 43 as
shown on aforementioned Map for Tract No. 211; thence along the Easterly boundary of
the aforementioned annexation "Blackberry 91-0" the following courses and distances:
S12°00'00"E 61.34 feet, S24°04'30"E 92.58 feet and S12°51'30"W 172.35 feet more or
less to the Southwest corner of Lot 4 as shown on that certain map recorded in Book 649
of Maps at pages 41 and 42, Santa Clara County Records, said point also being on the
Northern boundary of the annexation to the City of Cupertino entitled "D'Amico 72-6A";
thence leaving the boundary of aforementioned annexation "Blackberry 91-0' and
continuing along said boundary of annexation "D'Amico 72-6A" and the Northerly boundary
of McClellan Road N90°00'00"E 351,37 feet more or less to a point on the Easterly
boundary of aforementioned annexation "D'Amico 72-6A"; thence leaving the Northerly
boundary of McClellan Road and continuing along the Eastedy boundary of aforementioned
annexation "D'Amico 72-6A" S00°00'00"E 40.00 feet more or less to a point on the
Southerly boundary of McClellan Road; thence continuing along said boundary of
McClellan Road and said boundary of aforementioned annexation "D'Amico 72-6A" along a
non-tangent curve to the left with a radial beadng of N00°00'00"E, a radius of 15.00 feet an
internal angle of 90° and an arc length of 23.56 feet to a point of tangency on the Easterly
boundary of said McClellan Road; thence continuing along said boundary of McClellan
Road and the Easterly boundary of aforementioned annexation "D'Amico 72-6A"
S00°00'00"E 205.24 feet more or less to a point on the Northerly boundary of the
annexation to the City of Cupertino entitled "McClellan 70-6"; thence leaving the Eastedy
boundary of the aforementioned annexation "D'Amico 72-6A" and the Easterly boundary of
the aforementioned McClellan Road and proceeding along said Northerly boundary of said
annexation "McClellan 70-6" N90°00'00"E 164.00 feet more or less to a point on the
Eastedy boundary of aforementioned annexation "McClellan No. l-A"; thence leaving the
Northerly boundary of aforementioned annexation "McClellan 70-6" and proceeding along
said boundary of aforementioned annexation "McClellan No. l-A" N00°00'00"E 240.24 feet
more or less to a point on the center line of aforementioned McClellan Road; thence
continuing along said center line of McClellan Road and said boundary of aforementioned
annexation "McClellan No. I-A" N90°00'00"E 861.62 feet; thence leaving said center line
and proceeding N00°00'00"E 30.00 feet more or less to a point on the Northerly boundary
of McClellan Road and the Eastedy boundary of Orange Avenue; thence leaving the
Northerly boundary of McClellan Road and continuing along said Eastedy boundary of
Orange Avenue and the boundary of aforementioned annexation "McClellan No. l-A"
N00°00'00"E 339.90 feet more or less; thence leaving the Eastedy boundary of Orange
Avenue and continuing along the boundary of aforementioned annexation "McClellan No.
l-A" N90°00'O0"E 130.00 feet more or less; thence NO0°00'OO"E 50.00 feet more or less;
thence N90°00'00"E 168.25 feet more or less; thence N00°00'O0'E 100.00 feet more or
less; thence N90°00'00~E 161.87 feet more or less; thence N00°00'00'E 170.50 feet more
or less; thence Ng0°00'00"E 330.00 feet more or less; thence N00°O0'00'E 1,782.75 feet
more or less; thence continuing along the boundary of aforementioned annexation
"McClellan No. l-A" N20°30'09"W 159.13 feet more or less to the point of BEGINNING of
this description.
The parcels to be annexed within the above described boundary have a total area of 43.41
acres more or less and lie entirely within the County of Santa Clara, State of Califomia.
Revised 9-18-03
J:LlOBStCup-Monta Vista annexationV_egalstOveralI-Revg-18, doc