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CC Resolution No. 9497RESOLUTION NO. 9497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AT 19140 STEVENS CREEK BOULEVARD RETAINING A 15 FOOT PUBLIC UTILITY EASEMENT WHEREAS, hearing on Resolution of Intention No. 9459 was held on November 6, 1995 at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and 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 to the best interest of the City to vacate the hereinafter described public utility easement, that said easement is unnecessary for present or prospective purposes. NOW, THEREFORE, BE IT RESOLVED: I. That all or any protests against the vacation of said portion of roadway easement be and hereby are overruled and denied. 2. That 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. 3. That a 15 foot public utility easement be retained. 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 6th day of November , 1995, by the following vote: Resolution No. 9497 Page 2 Y= AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Bautista, Burnett, Koppel, Sorensen, Dean None None None APPROVED: WGGC.�! Mayor, City of pertino June 27, 1995 Job NO. 1311 -95 LEGAL DESCRIPTION OF EXISTING STREET/ROAD EASEMENT (6476 0.4. 117) TO BE ABANDONED BY THE CITY OF CUPER77NO AT 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPER- TINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD, AS SAID BOULEVARD IS DELINEATED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "RECORD OF SURVEY, BEING A PORTION OF QUITO RANCHO, CUPERTINO, CAL- IFORNIA-, FILED FOR RECORD MARCH 29, 1965, IN BOOK 192 OF MAPS AT PACE 51, RECORDS OF SAID SANTA CLARA COUNTY, DISTANT THERE- ON NORTH 89031'50" EAST, 154.11 FEET FROM THE NORTHEAST CORNER OF THAT CERTAIN 5.221 ACRE PARCEL OF LAND DELINEATED AND SO DESIGNATED UPON SAID MAP; THENCE FROM SAID POINT OF BEGINNING AND RUNNING EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD NORTH 89031150" EAST, 77.00 FEET, THENCE SOUTH 00035110" EAST, 15.00 FEET, THENCE SOUTH 89031150" WEST, 77.00 FEET, THENCE NORTH 00035'10" WEST, 15.00 FEET TO THE POINT OF BEGINNING. it• \Prepared �`� F Hans R. Mu erg `O = a► R.C. E. 13173 40.13173 Exp.3/31197 k , "IV SURVEY CONSTRUCTION STAKING CO., INC.I LAND SURVEYING & CIVIL ENGINEERING I N E— e /q 001 DATE: 6/9/95 DRAWN: BM CHECKED: HRM J(f.T"GY ov n ..........AREA TO BE DEDICATED AS A P.U.E. (Public Utility Easement) SKETCH I[OWING EOSTING STREET/ROAD EASEMENT TO BE ABANDONED 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. SURVEY CONSTRUCTION STAKING Co. , INC. SCALE: I"= 40' Land Surveying Civil Engineering DDB No.: 1311 -95 16760 OAK VIEW CIRCLE MORGAN HILL, CA. 95037 (408) 779 - 3791 SHT. I OF I `- Monument L/ne _- i STEVENS CREEK BLVD. Ex1,501519 Street/Road Esm't. Q1 P.O.B. annd/o/n to be abb 7J �o RAW of Way N89 °31'50 "E 154 85' 79.26 -- -- 74.8.5' ^ ^ /7 _ Tolbl Dis/. /54. // 74.85' 7 S89 031 50 W 154 85 /5'p UE. "'b ,- N4i vi0a O 3 O e a� PARCEL 2 � 8 � e /q 001 DATE: 6/9/95 DRAWN: BM CHECKED: HRM J(f.T"GY ov n ..........AREA TO BE DEDICATED AS A P.U.E. (Public Utility Easement) SKETCH I[OWING EOSTING STREET/ROAD EASEMENT TO BE ABANDONED 19140 STEVENS CREEK BOULEVARD CUPERTINO, CA. SURVEY CONSTRUCTION STAKING Co. , INC. SCALE: I"= 40' Land Surveying Civil Engineering DDB No.: 1311 -95 16760 OAK VIEW CIRCLE MORGAN HILL, CA. 95037 (408) 779 - 3791 SHT. I OF I