E-745 Vacation of a Portion of Peninsula Ave at the Northeast Corner of Stevens Creek Blvd and Peninsula Ave, Resolution 8518 and 8490, Retaining it as a Public Utility Easement, Public Service Easement, Sanitary Sewer Easement%HZWM . hearing on Resolution of Intention No . 8490 was held on
Wtober 7, 1991, at a regular nieeting of the City Council at 10300 Thrre
Avenue. Cq:)erti
RESOLUTION NO* 8518
' 5
BE IT RESOLVEM.
That the City Clerk be and hereby is instructed and directed to muse
a certified copy of this resolution, at tested to and - s.e&led with the
official seal of the City, to be recorded with the County Remrder of the
Colmty of santa clam, California,, forthwith .
pmsa, AND ADOPTED at a regular meeting of the City Council of the
�:f % '' of ' - December � 1,991 ..by �, 6 .�
vote
Note Menbexs of the Cif Council
W II�
AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NOES: Dane
ABSENTO None
None
MST
Isl Dorothy Cornelius
City Clerk
s La ralee Sorensen
mayor, City of CLTertino
w
1 _
1
RESOLUTION NO* 8518
' 5
BE IT RESOLVEM.
That the City Clerk be and hereby is instructed and directed to muse
a certified copy of this resolution, at tested to and - s.e&led with the
official seal of the City, to be recorded with the County Remrder of the
Colmty of santa clam, California,, forthwith .
pmsa, AND ADOPTED at a regular meeting of the City Council of the
�:f % '' of ' - December � 1,991 ..by �, 6 .�
vote
Note Menbexs of the Cif Council
W II�
AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NOES: Dane
ABSENTO None
None
MST
Isl Dorothy Cornelius
City Clerk
s La ralee Sorensen
mayor, City of CLTertino
14.
T �:G"r
DESCRIPTION Fo THE ABANDONMENT of A PORTION of
PENINSULA AVENUE WITHIN
THE C I'C'Y of CUPERTINO. CALIFORNIA
All that cent in real prop rty situated within the City of
Cupertino, Counter of Santa Clara, S .ate of California,, being a
portion of Peninsula Avenue as shown upon the reap entitled "MAP
OF MONTA VISTA FIRST AB I IC T' , filed in Bock P of Map's at Page
23,, Santa Clara County Records, and also as 'shown upon the map
of 'bract No.'6919 Amended filed in Book 499 of Maps at Pages
9 and 10o, Santa Clara County' Records described as follows
Beginning at the intersection of the monument line of
Peninsula Avenue, as relocated, w-i -ch the monum nt line of Stevens
Creek Boulevard, a. said monument lines are shown upon record of
Survey filed in Book 310 of Maps'' at Page 15, Santa Clara County
co thence fir � said point ;� . g� ���ng i-o � said -S t en
Cr k monument 11n e. - Fast 21-9.00 feet; thence- 1'eavir�g said line
at, right angles' North 4,5..00 feet to "che true point of beginning
of the herein described. parcel .
Thence from said true point of beginning and parallel with
said Stevens Creek monument lime Wes# 70-04 feet to the intersec --
tion thereof with the Southwesterly line of Peninu,a Avenue, 40
feet in width; thence along a ran- tangent curve to the right
having a radius of. 627 feet (a radial line of said curve through
said point bearing .-1' 13 ' 04 " , through a central angle of
11 0.1 42 an arc length of 120.6 3 Beet a radial line through
said end of said curve hearing N2 " 14 ' 6 "E ; thence along a
non - tangent curve to the left having a radius of 312.60 feet
radial line of said curve through said paint bearing S66 *44'42 "w,
through a central angle of 6048'59' are arc length of 37.19 feet
radial lime through said end said end of said curve bearing
S59' 55 * 23 "w , thence .leaving said curve non-- tangentiaily and
along the Southwesterly prolongation of the Northwesterly lime
of Lot 13, Block 3. of the hereinabove mentioned "MAP of MONTA.
VISTA, FIRST ADDITION" , N30842'301"E 19.40 feet to a point on the
Northeasterly ,lime of Peninsula Avenue, 4 0 , feet' in width; thence
Southeasterly along' said line of Peninsula. A:7ennle aloe _.a non-
ax gen -curve to-the left having radius of 587 feet a radial'
-line of said curare through said point tearing N31 ° oS ' 06 "E) L Lrough
a central angle of 1' ' 02 "' an arc length of 193.81 feet to a
point of cusp radial line through said end of said curve
bearing N12' 13 ' 04 "E ; . thence leaving said curve non - tangentially
and along a Southwesterly lane . of the hereina ove mentioned snap
of Tract No. 6919 Amended 27044'E 18. 64 feet to the most South-
erly corner thereof; thence South 8.70 feet to the true paint.
of beginning.
Containing 0.172 of an acre, more or less.
August 23, 19 9 1
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1. E - 719
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions is made as of the !2e,
day of Z,, �d,IL— , 1991, by NELSON CHAO and INGRID CHAO, husband
and wife, (hereinafter called the "Declarant").
RECITALS
(A) Declarant owns certain real property located at 10022 Peninsula Avenue, Cupertino,
California, (hereinafter called the "Premises");
(B) The City of Cupertino (hereinafter called the "City") proposes to abandon a certain
public street in front of the Premises, (hereinafter called the "Abandonment Area");
and
(C) Declarant desires to impose certain Covenants, Conditions and Restrictions to apply
to the Abandonment Area at such time as the City has completed its abandonment.
NOW THEREFOR, Declarant hereby declares that the the Abandonment Area is
and shall be subject to the Covenants, Conditions and Restrictions stated herein, all of
which are declared and agreed to be a plan for the improvement of the Premises and the
Abandonment Area.
(1) The Abandonment Area is that area described on Exhibit "A" attached hereto and
incorporated herein by this reference.
(2) The Premises is that area also described on Exhibit "A".
(3) Declarant hereby grants to the property owners of the parcel immediately adjacent to
the Premises on the West and to the owners of Lots 1, 2 and 3 of Tract 6919
recorded March 11, 1981, in Book 480 of Maps, Pages 44-46, all located on the
East, an easement for ingress and egress over an area eighteen (18') feet wide of the
Abandonment Area, as shown on the attached Exhibit "B". Declarant reserves all
further rights to the remaining portion of the Abandonment Area, specifically
including but not limited to the right to park vehicles on such remaining portion.
(4) Declarant shall maintain, landscape and improve to City of Cupertino standards the
Abandonment Area and shall, subject to the agreement of the adjacent property
owners to the West and East [as defined in paragraph (3) above], enter into an
agreement for joint maintenance of the areas being abandoned by the City of
Cupertino in front of all three (3) parcels.
(5) This Declaration shall become effective upon the completion of the City's
abandonment of the Abandonment Area, but shall become null and void if the
City's abandonment is not completed by March 1, 1992. This abandonment is
based upon the understanding and belief that the adjacent properties to the West and
to the East [as defined in paragraph (3) above] are legally obligated to grant
reciprocal ingress -egress rights to Declarant. In the event that it is determined by
the City of Cupertino, or by a Court of competent jurisdiction that the adjacent
property owners are not so legally obligated, then this Declaration shall be
immediately and without further action revised by eliminating herefrom any rights
which are not so reciprocated by such adjacent property owners.
r
(6) Declarant understands and represents that this Declaration is executed for the
purpose of inducing the City of Cupertino to vacate the Abandonment Area and the
right to enforce the reciprocal easements is granted to the City, recognizing that the
City will have to duty of such enforcement.
DATED: �a — , 1991
DATED: .l'� . , 1991
INGRID E O -
STATE OF CALIFORNIA
) ss
COUNTY OF SANTA CLARA
On PP—cofte.( �ti.0 1991, before me,
a Notary Public in and for said State, personally appeared NELSON CHAO and INGRID
CHAO, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacity, and that by their signatures on
the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
OFFICIAL NOTARY SEAL
~ CARL D. MASCHINO
NotaryPublic— California
SANTA CLARA COUNTY
My Comm. Expires SEP 03,1994
(SEAL)
(i1JeLi4&_4_
Notary Public
State of California
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10300 Torre Avenue Cupertino, CA 95014 (408) 252-4505
Summary
AGENDA ITEM 17 AGENDA DATE December 2, 1991
SUBJECT AND ISSUE
ABANDONMENT OF A PORTION OF PENINSULA AVENUE
BACKGROUND
The Council continued the public hearing of October 7, 1991, to this
meeting for the following reasons:
1. Although two parcels; namely, Brown, Use Permit 21-U-83; and Rex,
Use Permit 23-U-79; were conditioned to provide reciprocal
easements for ingress and egress, the Chao property has not yet
been conditioned.
2. Require a Declaration of Covenants, Conditions, and Restrictions,
(CC&R) from the Chao property to assure that access will remain for
both adjacent properties when the right-of-way is abandoned.
The CC&R has now been received. On this basis, the City Council may
decide to abandon the right-of-way and be assured that no one property
owner adjacent to the abandoned portion could close off access to other
property owners in need of that easement.
Attached is the staff report of the meeting of October 7, 1991.
STAFF RECOMMENDATION
1.
2.
BJV:sm
Attach.
Subitt
That the City Council adopt Resolution No. 8518 and abandon the
City's interest in the roadway fronting the Brown, Chao, and
Periclis parcels.
Accept the CC&R from the Chao property.
Blrt ,Y- �i-skoVich Lks
D rector of PublicW
Appr4ve4 f
Dobrdl\d D. fBrliwn
City Manager
ission:
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STEVENS
s
STEVENS CREEK
3nEK
37 71�
o2j_TJ►q-7q
TRACT N° 6919
AMENDED
W
TR. N2 7616
BLVD.
RESOLUTION NO. 8490
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF
PENINSULA AVENUE AT THE NORTHEAST CORNER OF STEVENS CREEK
BOULEVARD AND PENINSULA AVENUE AS PROVIDED IN SECTION 8320
ET SEQ. OF THE STREETS AND HIGHWAYS 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 Peninsula Avenue at
the northeast corner of Stevens Creek Boulevard and Peninsula Avenue, 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 prospective 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 of the City of
Cupertino hereby declares its intention to vacate the aforesaid portion of
City street.
BE IT FURTHER RESOLVED:
1. That the 7th day of October, 1991, 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 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
mor than 300 feet apart with a minimum of 3 being posted.
RESOLUTION NO. 8490
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 3rd day of September—, 1991 by the following
vote:
Vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Roberta A. Wolfe
City Clerk, Deputy
/s/ Barb Koppel
Mayor, City of Cupertino
THIS IS TO CERTIFY THAT T�-!E WITHIN
IN GTRUMChIT ISA TRUE AND CORRECT COPY
OF THE ORIGIN L ON FILE IN THIS OFFICE.
ATTESTCITY J
19
CITY CLER 03 THE ❑F CUPERTINO
BY _
u CI C;ERK
PROOF OF PUBLICATION
(2016.6 C.C.P.)
STATE OF CALIFOnNIA.
County of Santa Clare
1 em a citizen of the United States and a resi-
dent of the County aforesaid; I am over the
age of eighteen years, and not a party to or in-
terested In the above -entitled matter. I am the
principal clerk of the printer of the_
CUPERTINO COURII
10950 N. Blaney Ave., Vupefto, Ca1,
S: of general circulation, pprinted
day In the city of CuperUno, Calllornl(
to Clara) and published to the clty of I
forma, County of Santa Clara; and w -
been has adjudged a newspaper of `errbI OZ
by the Superior Court of the County ,H3dI D
State of Callfornls, Case Number i
nolke of which the amexed is a prin4SHV3
type not smaller than eon-parell), hss0A
in each reoar and entire Issue of said
a --9D
W"s"ta"
is for the County C'lerk's
mp
days from passage of this
pursuant to law;
Page 15, Santa Clara
; theninee
County Records;
resolution
3. That the City Clerk
from said oint ging
Creek
shall cause a certified copy
of this resolution to be pub-
along said Sevens
monument line East 219.00
thence leavingsaid
lished in the manner pre-
scribed by law, and shall
be
feet; orth
line at right angles
feet to the true point
cause certified copies to
along the line of
45.00
of beginning of the. herein
posted
said property proposed to
described parcel.
be vacated at least 10 days
Thence from said true
b fore the date of hearing
f be inning and par -
bot In im- supplement thereof on thr- _
to M(#
RESOLUTION e oint o
NO. 8490 and no more than 300 feet allet with said Stevens
with a minimum of 3 monument line West
apart Creek
A RESOLUTION OF THE being posted. AND 70.04 feet to the intersec-
CITY COUNCIL OF THE PASSED tion thereof with the South -
CITY OF CUPERTINO ADOPTED at a regular westerly line of Peninsula
DECLARING ITS of the Ciry Council 40 feet in width;
meeting
INTENTION TOof
the City of Cupertino this
Avenue,
thence along a non -tangent
OF AER
PORTION OF PENINSULA 1991 byY of September.
AT THE the following vote:
the
curve to the right having a
radius of 627 feet (a radial
AVENUE
NORTHEAST CORNER Cl
City
Vote, Members of
Council:
line of said curve through
said point bearing N17° 13'
OF STEVENS CREEK
BOULEVARD AND
Goldman, Rog-
Sorensen, Szabo, Kop-
04"E), through a central an -
arc
of 11 ° O1' 42' an arc
oi.of o 01'
��t
811 i11 the ear 19
y
PENINSULA AVENUE AS ers,
PROVIDED IN SECTION Pel
NOES: None; ABSENT:
gle
glelenfeet (a
line through said end of
8320 ET SEO.OF THE
None;
ABSTAIN: None.
dial
N28° 14'
1 ceftify (or declare) udder
STREETS AND HIGH-
WAYS CODE OF THE
OF CALIFORNIA,
ATTEST:
/sl Roberta A. Wolfe
said - the ceealo g a non -
46"E);
tangent curve to the lett
perjury that the foregoing i
STATE
FIXING TIME AND PLACE
Ci Clerk, Deputy
N
APPROVED:
having a radius of 312.60
(a radial line of said
correct.
FOR PUBLIC HEARING
AND PROVIDING FOR
�s� Barb Koppel
Mayor,
feet
curve through said point
bearing S66° 44' 42"W).
NOTICE THEREOF .
WHEREAS, that portion
Ci of Cupertino
h ,
This is to certify that the
through a central angle of
48 59' an arc length of
`�
Dated at Cupertino, Caiiforn]a
of a City street known as
Peninsula Avenue at the
within instrument is a trueof the
and correct copy
6°
37.19 feet (a radial line
said end of said
northeast corner of Stevens
Creek Boulevard and Pen
originalonfile in this office.
through
curve bearing S59° 55'
thence leaving said
avisand
insula Avenue, and more
particularly described in de
and map attached
September 5, •1991
City Clerk of the
Cupertino
2ury
curve non -tangentially
along the S outhwesterly
North -
scription
hereto and made part
as Exhibits "A" and
City of
Ol
By Shirley J. son
prolongation of the
Westerly line of Lot 13,
hereof
"B", respectively, is unnec-
for City Clerk Block 3, of the hereinabove
DESCRIPTION FOR THE "MAP OF
n
essary for present or pro-
spective public street Pur
mentioned
ABANDONMENT OF A MONTA VISTA FIRST
PORTION OF PENINSULA ADDITION", N301 42' 30"E
Sl�ealure
poses; and City
EelectsStot proceed
AVENUE WITHIN THE
CITY OF CUPERTINO,
int on the
North feet to a point
Northeasterly line of
i
council
pursuant to the provisions
CALIFORNIA
cvweir e^
feet
cola Avenue. 40 feet in
�
X55