CC Resolution No. 9694 RESOLUTION NO. 9694
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS
INTENTION TO ORDER VACATION OF A PORTION OF PENINSULA
BOULEVARD AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA, RETAINING PUBLIC
UTILITY EASEMENT
WHEREAS, hearing on Resolution of Intention No 9632 was held on September 3, 1996, at a
regular meeting of the City Council at 10300 Torte 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 in the best
interest of the city to vacate the hereinafter described potion of a city street; and that said portion of said
city street is unnecessary for present or prospective public street purposes, but is necessary to be retained
as public utility easement.
WHEREAS, existing streets are adequate to handle present and future projected traffic; and
WHEREAS, vacation is in conformation with the city's General Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said portion of city street be and hereby are
overruled and denied;
2. That said portion of Peninsula Boulevard described and shown in Exhibits "A" and "B"
attached hereto and made part hereof, be and hereby is vacated, but is retained as Public Utility Easement.
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is instructed and directed to caused 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
3rd day of September, 1996, by the following vote:
Vote Members ~the City Council
AYES: Baut±sta, Chang, Dean, Sorenaen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
· -- ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
EXHIBIT A
DESCRIPTION FOR THE ABANDONMENT OF A PORTION OF PENINSULA BLVD.
WITHIN THE CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA
Ail that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being that portion of
Peninsula Boulevard lying southerly of Lots 10, 11 and 12, Block
3, as shown on "Map of Monta Vista First Addition" (hereinafter
referred to as "Map"), which map was filed for record in Book P
of Maps at Page 23, Santa Clara County Records, described as
follows:
Beginning at the most westerly corner of said Lot 10, Block
3 of said Map; thence along the southwesterly boundary line of
said Lots 10, 11 and 12, Block 3, also being the northeasterly
line 9f.Peninsula Boulevard as shown upon said' Map, and along a
curve to the left having a radius of 587 feet through a central
anglelof 7'56'50" an arc length of 81.42 feet'to the southerly
corner common to Lots 12 and 13, Block 3 of said Map; thence
along the southwesterly extension of the boundary line common to
said Lots 12 and 13, S30'42'30"W 20.11 feet; thence along a non-
tm~gent curve to the left having a radius of 248 feet (a radial
line of said curve through said point bearing S58'36'27"W) through
- a central angle of 19'48'09" an arc length of 85.71 feet to the
point of beginning (a radial line through said point b~aring
S38'48'lS"W).
Containing 528 square feet or 0.0121 of an acre, mor. e or
less.
Refer to EXHIBIT B, PLAT, which is hereby made a part of
this description.
Date: May 28, 1996