CC Resolution No. 6770
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RESOIU~ION N0. 6770
A RESOIUrI~I OF ~ CriPY OC7UNQL OF RI3E CrPY OF QJPF.ffI'INO
~ VACATI~I OF A PORTI~1 OF BOLT~IGII2 FAAD AT ZI~
SWI4~IESP OOFdJII2 OF I~ FC?E Ig2IVE AS F~TILIED IN SF)CI~iON
8320 ET SDQ. OF ~ S2RF~PS AND FiIC~YS OODE OF 'Ii~
STATE OF CAI~IFCU2NIA, R~TAItTaIG A POKPION AS A PIJBLIC VIZ-
LI'PY FASFr~3TP AND RJSLIC SF1iVICE EASF2~2dP
4d~REAS, hearit~g on Resolution of Intention No. 6760 was held on
FebruaLy 3, 1986 at a regular meetit~q of the City Cauncil at 10300 Zbrre
Avenue, Cvpertiryo, California; a~l
Wf~2EAS, it appears t2~at notice thereof c~s duly giv~n as
required by law; arid
WF~tEAS, frcmn the evide~ce presented, both oral and doc~mm~tarY~
it appears to be to the best interest oE the City to vacate the
hereinafter de.scribed portion of a city str+eet; ar~d that said portion of
said City street is uru~eoessaiy for present or prospective public street
p~uposes, but that portion as descz~ibed in F~ibit A, under Parcel B is
necessazy to be retained as a public utility easeznent; artil for the benefit
of Pacific Hell, as a public service ease~nent as follcxrs:
"E~{~IldG AND RESIIZV~IG TF~I P[JRSlJANP TO Tf~ PRl~JISIONS OF
Section 8340 of tha Street ar~d Highways Code ard for the benefit
of Pacific Bell, the pernanent easement a~l the right at any time
or fran time to time to construct, maintain, operate, replace,
r~nove, renew aryd enlarge lines of pipe, wrx2uits, aable, wires,
poles arrd other oa~venient structures, equi~.nnent and fixtures for
the operatio¢~ of telegraphic arxi telephone lines and other
oai¢mu~ication facilities, including aooess and the riyht to keep
the pro~erty free from inflatr¢nable materials ar~d ~~uod growth, arxi
othaxwise protect the saaie frc~ all hazaYds, in, upon, over and
across that portion of Bollix~ger Raad or gart thereof."
Fk~2EA.S, existing streets are adeqik~te to har~dle presettt dIxi
Puture pro~jected traffic; and
WF~RREAS, vacation is in oonforrtNnce with the City's Gerieral Plan;
I3C7W. ~RE~ SE IT RESOL~7ID:
1. Rhat all or az~y protest against the vacation of said portion
of City street be and hes~eby are overruled ani denied:
2. Zhat said portion of Bollinger Road described and shaun in
F~d11b1ts nAn alld ngn attached hsreto atxi made part hereof,
be arid her~l7y is vacated, but is retained as a public
utility easement, and as a public sesvice easernent as
desaibed hereinabwe.
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BE IT FL7~ F2ESOLUID:
22~at tha City Clerk be and hereby is instructed ar~d directed to
causa a certified oopy of this resolution, attested to and sealed with the
official seal of the City, to be z+eoozded with the Caunty Reco2der of the
Caunty oP Sar?ta Clara, California, forthwith.
PASSID AND ADOPTED at a regular meeting oE the, City Oau?cil of
ttle City of Cl]pe.rtitlo this 18th ~~r pp February , 1986 by thB
follawing vote:
Vote ~nbers of the Citv Owncil
~ AYES: Gatto, Johnaon, Plungy, Rogera
, NOFS: None
ASSENT: Sparka
AffiTAa1: None
I a~s~T:
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III ~ ~
• ~ EXHIBIT "A"
ABANDONFIENT
Of A Portion of Bollinger coad
All thnt certain real property situate in [he City of Cupertino, County of Santa
Claru, more particularly described as followa:
A portion of Deed of Right Of Way Erom Jnck 0. Lind granted [o Santn Clarn County
whicli deed was recorded in Book 7202 of Officinl Records, Page 22. Snnta Clara
Coun[y Records:
Beginning ut northeust corner of Lot 1 of Tract No. 7213 which map wne recorded in
Hook 530 of Mapa a[ Pagea 6 6 7, Santa Clara Coun[y Records;
Thence S. 14°OS'41" W., 30.00 feet along the easterly line of said Lot 1 to a point
on the exiating righ[ of way of Bollinger Road;
Thence from a tanqent bearing of S. 75°22'27" E., nlong a tangent curve to the left
having a radiua of 545.00 feet, through a central nngle of 11~48~36", for an arc
length of 112.34 fee[, to the beginning of a tangent curve to the right;
Thence along said cutve having a radius of 20.00 feet Lhrough a centtal angle of
87°OS'33" for an arc length of 30.40 feet;
Thence ulong [he nor[herly prolongation of the westerly line af the UeFoe Drive,
N. 0°05'30" W., 30.04 feet, to the beginning of a tnngent curve to the left;
Ttience along suid curve having a radius of 20.00 teet through a central angle of
86°55'46" for an nrc length of 30.34 feet, to the beginning of n target curve to
the right;
Thence nlong eaid curve tiaving a radius of 515.00 feet through a centcal angle of
11°40'40" for an arc length of 104.97 feet to the point of beginning.
Contalning 0.088 Acrea, mote or lesa
Excepting therefrom [hat por[ion as described below in Parcel B, for the purpoae of
Public Utili[y Eusemen[.
PARCEL B:
Beginning at the northenst corner of Lot 1 of Tract No. 7213, wliich map was recorded
in Book 530 of Maps at Pages 6 and 7, Santa Clara County Recorda;
Thence S. 14°05'41" W., 10.00 feet along the ensterly line of snid Lot 1;
Thence from n tflngent bearing of S. ~5°21'15" E., atong a tan~en[ curve to the left
having n radiua of 525.00 Eeet, through n central nngle of 11 11'48", for fln arc
length of 102.59 feet, to n point of reverse curvAture;
Then along suid curve to the right having a radiua of 20.00 feet through a central
angle of 86°27'33", for un arc length of 30.18 feet;
Thence S. 0°OS'30" E., 7.08 feet; •
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ABANDONMENT OF A PORTION OF BOLLINGER ROAD EXHIBIT "A" Page 2
Thence ftom a tangent bearing of S. 41°30'43" E., along a tangent curve to
the right hnving a radius of 20.00 fee[, through a central angle of 41°25'13",
for an arc length of 14.46 feet;
Thence N. 0°05'30" W., 30.04 feet to the beginning of a[angent curve to the
left;
Thence along said curve having a radiua of 20.00 feet through a central angle
of 86°55'46" for an arc length of 30.34 feet, to a point of reverse curvature;
Thence along a said curve to the right having a radius of 515.00 feet through
a central angle of 11°40'40" for an arc length of 104.97 feet to the point of
beginning.
Containing: 0.032 Acres, More or l.esa.
~ ~
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~T TO ACCOMPAN~(
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' CUPERTINO SANITARY DIS~ICT
,
SANTA CLARA COUNTY
~ DIBTNICT MANA~LR•[NOINL[N 20065 BTEVEN9 CREEK 70LILCVARD DOARDOFOIMlCTOR9
JOMN fLCMINOO~ CUPERTINO. CA 55014 OR.JOSEPNf.BiIOWN.Pn[f.
MAqK THOMA86CO.INC. ~4081 753•7071 NICN~ROAIELLOWASCCrr
OI~TNICT COUNB[L ROV M RUSNTON
PHILIP D. A8SAF Oi' MAURICEi.L~BFIE
WI~BON, M~RTON. A99A~ 6 Ct1IfTI56MARqISON
~ McELL16~TT
February 1986
File: CuSD - MOP
Abandonment of Streets
Department of Publie Works
City of Cupertino
P.O. Box 580
Cupertino, CA 95015
Re: Proposed abandonment of a
portion of Bollinger Road
at the Southwest corner of
De Foe Drive, Resolution
No. 6735
Gentlemen:
The Cupertino Sanitary District has no existing sanitary sewer
facilities in that portion of Bollinger Road proposed to be
abandoned, or contemplates any future construction within the
proposed abandonment area.
Yours very truly,
MARK THOMAS ~ C0. INC.
District Manager-Engineer
~2~~'~_.~s~'yi ~~~M~~
by William E. McBee
WEMc:lw
SUPPIVING SANITARY 9EWERAGE SERVICES FOR:
CITY O~ CUP[RTINO, PORTIONB O~ TNE CITIE9 OP fiAAAT00~. 9UNNYVAL[ AND L09 ALT09
AND BURROLINDINO UNINCORPORATCO AREA9
° • • PACIFICQ'~BELL.
, , , F'r~
n rec~i,c ta~e,~. comp,~r
January 28, 1986
~
Travice Whitten J
103BH Torce Avenue r~ ~A'~
Cupertino, CA 95814
3
RE: RESOLOTION NO. 6735
AHANDONMENT OF A PORTION OF BOLLINGER ROAD
Deac Mr. Whitten:
This is in referance to your letter dated January 15, 1986,
requesting the proposed vacation of a portion of Bollinger Road
at De Foe Drive, in the City of Cupertino, County of Santa Clara,
State of California.
~tajo= underground communication facilities are located within
that portion of the above-mentioned road which must be retained
for service to the area and beyond. This company, therefore,
requests the following language be incorporated in any resolution
oc ocdinance of vacation of a portion of Bollinger Road at the
Southwest corner with De Foe Drive.
"EXCEPTING AND RESERVING THFREEROM PURSUANT TO THE
PROVISIONS OF Section 8349 of the Street and Highways
Code and for the benefit of Pacific Bell, the pecmanent
easement and the right at any time or from time to time
to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cable, wizes,
poles and other convenient structures, equipment and
fixtures for the operation of telegraphic and telephone
lines and other communication facilities, including
access and the right to keep the property free from
inflammable materials and wood growth, and otherwise
p=otect the same from all hazards, in, upon, over and
across that portion of Bollinger Road or part thereof."
Upon receipt of a copy of the vacating ordinance to the address
above, which should include the foregoing language, this company
shall have no objection to the proposed vacation.
Youcs truly,
1; -MLtiC~~~~_
Peter H. Walde
Right of t9ay Agent
File: Cupel.i
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~ ACIFIC GAS AN~ ELECTRIC COMPANY
it1~'~:~~~"'~l~f lll ALMADEN BOULEVARD • P.O. 80X 15005 • SAN JOSE, CALIfORNIA 95115~U005 •(408) 298~3333
Januazy 31, 1986
City of Cupertino
Office of the City Clerk
10300 Torre Avenue
(.Upertino, CA 95014
Attention: Dorothy Cornelius
Re: Proposed abandornnent of a portion
of Bollinger Road at the southwest
aorner of DeFoe Drive, APN 352-22-35,
City of Cupertiuw
Our File 641
Dear Ms. Cornelius:
In response to your recent letter, this Ca~any has r» objections, ar:
hereby consents, to the abandormient of the portion of Bollinger Rr~ad at
the subject location as shawn outlined in red on the attached drawing.
As a condi.tion of this consent, we request that our San Jose Regional Land
Departrnent be supplied with a certified copy of the final resolution of
abandotvnent by the City.
Should you have any questions concerning this abandorm~ent, please contact
Mr. Mahyar Kangarlou of our Land Department, at 282-7401.
Sincerely,
~ ~ • ENGL~~
LAREtY E.
Regional iarri Superintendent
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