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E-685 Vacation of Public Utility Easement N Quintero & Carmen, Retaining Ingress/Egress w• N• PROOF OF PUBLICATION Filing Stamp (2015.5 C.C.P.) PROOF OF I ITS INTENTION TO ORDER VACATION OF A PORTION State of California I OF CARMEN ROAD L.0- C®unty of Santa Clara r i CATED NORTH OF CA R TERNO COURT,.. ,CA ^'--+— MER ROAp,RETAINING' INGRESS,AND`EGRESS EASEMEq_rAND PUBLIC . UTILITY•EASEIVIENTs ASS I am a citizen of the United States and a I PROVIDED IN SECTION 8320:ET SEQ.OF THE resident of the Count aforesaid: I am over STREETS AND HIGHWAYS Y l CODE�OF THE STATE OF I CALIFORNIA,FIXINGTIME' the age of '18 years, and not party to or AND PLACE FOR'PUBLIC HEARING-AND PROVIDING interested in the above entitled matter. I am FOR,NOTICE:THEREOF '( WHEREAS,that portion of a city street known'a.s the principal clerk of the printer of the: Carmen Road'and more- particularly.described:'in The Cupertino Courier, 20465 Sliverado tache pheretod map';at- tached.hereto andi made . part Hereof as Exhibiis."A"' I Ave., Cupertino California a newspaper of and"B",respectively,is unnecessary for present or general circulation, printed every Wednesday prospective public'Street purposes andrWH�EREAS it is the nt inte to retain an._ in the City of San Jose, State of California, ingress and..egress ease 4ment and publlcyutility,,,� i County of Santa Clara, and which newspaper -______ easement; d°WHEREW''� the City Council eiects f RESOLUTION NO.1385 _ proceed pursuant to_the has been adjudged a newspaper of general A RESOLUTION•OF`THE provisions of 5ectiop,83.20 CITY COUNCIL OF THE CITY' I et seq of the Streets and circulation by the Superior Court of the OF CUPERTINO`DECLARING` High-waysCodeofthe I State.of California and I WHEREAS-it-is deemed to County of Santa Clara, State of California, be irkHe public interests tfiat the•City.Council:;etects Case Number CV328150 that the notice of — to proceed,td orde`said' vacation. NOW,THEREFORE,BE IT which the annexed is a printed copy (set in �� RESOLVED'that the City". 1;Z1 Council hereby declares its. type not smaller than nonpareil), has been intention'-to vacate'the aforesaid portion of city,: I published in each regular and entire issue of street. p g `' � I BE IT FURTHER RESOLVEDt'i 1 said Newspaper and not in any supplement "` I That the 5th day of '� i September;1995;- at6 45 p.m.;in the thereof on the following dates, to wit: , Council Chamber; �� City Hall;10300 Torre Avenue,Cupertino,- °r California,is the time and place fixed for-hearing on the above proposed vacation. '2. That the_aforesaid date is not less'than 15 days i from passage of this reso- lution pursuant to law. . all In the year of 1995 3. That the�City'Clerk shall,' cause a certified copy of certify (or declare) under penalty of perjury this resolution to be pub- ' lished in the manner pre- scribed by law,and shall;. that the foregoing is true and correct. I cause certified copies - I be posted along the line-of said property proposed to <.--f°" be vacated-at Ieast.10 Dated: i d k ' _ days:before the date of " hearing and no rriore`thap t 300 feet-apart with a mini- mum of 3.-being posted at San Jose, California :PASSED'AND=ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of July,-1995,by the followings vote: Vote Members of the City 1 Council 4 AYES: ti 4 S �� � � � �•;�a�.i..�.; .;�„) Bautista,-Burnett,Koppel;,-,I Kathy Wrightson Sorensen,Dean NOES: None' ABSENT: t None i ABSTAIN:; `None APPROVED:- /s/1NaIly� ean/ `rte '° � Mayor' iW7o D f Cupertino ATTES+T,` /s/Kimberay Smith City,Clerk'` (Pub CC►�7�26)�� � , v - RESOLUTION NO. 9385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF CARMEN ROAD LOCATED NOk,'TH OF QUINTERNO COURT AND CARMEN ROAD, RETAINING INGRESS AND EGRESS EASEMENT AND PUBLIC UTILITY EASEMENT.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 Carmen Road 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, it is the intent to retain an ingress and egress easement and public utility easement; 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 hereby declares its intention to vacate the aforesaid portion of city street. BE IT FURTHER RESOLVED: 1. That the 5th day of September, 1995, 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 proposed 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 more than 300 feet apart with a,minimum of 3 being posted. a 6 ' RESOLUTION NO. 9385 PAGE 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of July, 1995, by the following vote: Vote. Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kimberly Smith City Clerk a - VACATION OF A PORTION OF CARMEN ROAD LEGAL DECiCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the northwesterly corner of Parcel A as said Parcel is shown on that certain , ' Parcel Map recorded in Book 508 of Maps at pages 45 and 46, Santa Clara County Records, said point being on the easterly line of Carmen Road; thence along the westerly line of said Parcel A S 00'08'54" W 100.24 fleet; thence along a tangent curve to the left from a tangent which bears N 00°08'54" E thru a central angle of 73°23'54" with a radius of 35.00 feet for an arc length of 44.84 feet to the center line of said Carmen Road; thence along said center line N 00°08'54" E 39.78 feet; thence leaving said center line S 89°51'06" E 25.00 feet to the POINT OF BEGINNING. ,..� oFESS� NO.14001 w - rn j;cc EXP z f I �t PREPARED BY: v► MARVIN D. KIRKEBY .T`` R.C.E. No. 14001 EXPIRES 3/31/97 i P.O.B. N89.51'06'w 25,A/ 0 X m e M W/ Vacated I,216 >,.F, N M SCALE;1" 20' p 0.0 2 8, ± o c. f6 0 ° � 6 . z A M � o PGA•5p8 0 \ - P. ' 0 PORTION 0 CARMEN \ = 73.23°54" `d R ' ROAD PRE IOUSLY\ 35 W) VACATED Y \� \\ = 44,84 0. RESOLUT N \` o \ NO 59 \\ N89.5106"W z 4 6\ \�\\\\ +1CLQSZ+. \ � \ \ \\\,� N \ W 1 0 -- I o QUINTERNO COURT Q z 0 __ N89.51'06"W Z ( Private Street) v KIRKEBY *ENGINEERING CORP. 10950 N. Blaney Ave, Cupertino, CA. 95014 (408)252-9690 r!AT' TO ACCOMPANY QESCRI)67 0 N 0 Scale: 1" = 20' Dane; JUNE 1995 Job No. 95019 AFFIDAVIT OF POSTING RESOLUTION NO. 9385 DECLARING INTENTION TO VACATE A PUBLIC UTILITY EASEMENT o ` being first duly sworn, deposes and says: That he/she is a citizen of the United States and over the age of twenty-one years; That at the instance of and for and on behalf of the City Clerk of the City of Cupertino, he/she posted Resolution No. 9122. at not more than 300 feet apart, and not less then three in all; that said posting was fully completed on the day of AjAus+ 1995; that a copy of said resolution is hereto attached, marked Exhibit "A", and by reference made a part hereof. Subscribed and sworn to before me this .t-.day of , 1995. deputy City Clerk. RESOLUTION NO. 9385 A RESOLUTION OF THE CITY COUNICIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF CARMEN.ROAD LOCATED NORTH OF QUINTERNO COURT AND CARMEN ROAD, RETAINING INGRESS AND EGRESS EASEMENT AND PUBLIC UTILITY EASEMENT AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME Ali l) PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, that portion of a city street known as Carmen Road 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, it is the intent to retain. an ingress and egress easement and public utility easement; 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 hereby declares its intention to vacate the aforesaid portion of city street. BE IT FURTHER RESOLVED: 1. That the 5th day of September, 1995, 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 proposed 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 more than 300 feet apart with a minimum of 3 being posted. THIS IS TO-CERTIFY THAT TH.E WITHIN INSTRUMENT:IS ATRLIE AN CORRECT COPY OF THE ORTG:INAL C N .FILE IN THIS°OFFICE. ATTEST- CITY CL 1�,OF THk CITY OF-CUPERTINO BY� wc,�`— CITY -C L E R K `J RESOLUTION NO. 9385 PAGE 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of ,Tuly , 1995, by the following vote: Vote Members of the City Council AYES: Bautista, Burnett Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kimberly Smith City Clerk 4