E-692 Vacation of Portion of Ricardo Rd and a Portion of Miramonte Rd. \1
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RESOLUTION NO. 9835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION
OF MIR.AMONTE ROAD LOCATED AT 10980 MIRAMONTE ROAD,
RETAINING 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 TJOTICE THEREOF
WHEREAS, that portion of a City street known as Miramonte 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 the 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 16th day of June, 1997, 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 okays before the date of hearing and no more than
300 feet apart with a minimum of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of May, 1997, by the following vote:
Resolution No. 9835
Page 2
Vote Members Qf Jhg Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ John Bautista
City Clerk Mayor, City of Cupertino
r
^ LEGAL DESCRIPTION FOR STREET VACATION
i
A STRIP OF LAND TWENTY FEET (20.0') WIDE IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AS
SHOWN ON A PARCEL MAP RECORDED FEBRUARY 10TH, 1982 IN
BOOK 496, PAGE 21: OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SANTA CLARA COUNTY. THE SOUTHERLY LINE OF
SAID TWENTY FOOT (20.0') STRIP MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY
PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL C OF
SAID PARCEL MAP WITH THE CENTERLINE OF RICARDO ROAD
FORTY FEET (40.0') FEET WIDE AS IT APPEARS ON SAID MAP.
THENCE NORTH 880 05' 17" EAST 150.83 FEET TO THE
INTERSECTION OF THE SOUTHEASTERLY PROLONGATION OF THE
NORTHEASTERLY LINE OF SAID PARCEL C WITH THE CENTERLINE
OF SAID RICARDO ROAD.
THE NORTHERLY LINE OF SAID STRIP TO BE LENGTHENED OR
FORESHORTENED SO AS TO TERMINATE AT THE SIDELINES OF
SAID PARCEL C.
RESERVING HEREFROM FOR THE (:OUNTY OF SANTA CLARA, CITY
OF CUPERTINO OR ITS SUCCESSOR, AGENCIES AND ASSIGNS
THE UTILIZATION OF THE DESCRIBED AREA FOR PUBLIC UTILITY
PURPOSES.
SAID PUBLIC UTILITY EASEMENT (PUE) TO BE KEPT OPEN AND
FREE FROM BUILDINGS AND ANY STRUCTURES EXCEPT LAWFUL
FENCES, WALLS, OVERHANGS AND IRRIGATION LINES.
SAID DESCRIPTION SHOWN ON THE ATTACHED EXHIBIT B AND BY
REFERENCE MADE A PART HEREOF.
BRUCE R. STORRS L.S. 6914
MY LICENSE EXPIRES SEPTMEBER 30,1997
THIS DOCUMENT WAS PREPARED
BY ME OR UNDER MY SUPERVISION.
TS/NOWACK CONSULTANTS, INC.
2775 PARK AVENUE
SANTA CLARA, CA 95050, ;
(408) 243-4066
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ISO -
EXHIBIT B I
• SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL
TO BE VACATED IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
'SJ'9
� \RICr I
PARCEL MAP -9O
BK 496 PG 21 '
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SOUTHWESTERLY LINE
OF PARCEL C
NORTHEASTERLY LINE
OF PARCEL C \
ARCF
10980 MIRAMONTE 20
APN 356-01-021
o ;
N
N88 05 1
' 7"E 1 50 .83'
RICARDO ROAD
N
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1" = 40' I
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1 V 0 ti tl AC K = AREA TO BE VACATED i
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C O N S U L T A N T S AREA OF VACATION = 3017 SO. FT.
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CIVIL ENGINEERS/SURVEYORS/PLANNERS
2775 PARK AVENUE, SANTA CLARA, CA 95050, 408.243.4066 j
SAO
PROOF OF PUBLICATION Filing Stamp
(2015.5 C.C.P.) PROOF OF PUBLICATION
State of California
County of Santa Clara
RESOLUTION NO.9835
A RESOLUTION OF THE CITY
I am a citizen of the United States and a COUNCIL OF THE CITY OF
CUPERTINO DECLARING ITS
INTENTION TO ORDER VA-
resident of the County aforesaid: I am CATION OF A PORTION
OF MIRAMONTE ROAD LO-
over the age of 18 ears, and not art to CATED AT 10980 MIRA-
g Y party MONTE ROAD, RETAINING
PUBLIC.UTILM EASEMENT
or interested in the above entitled AS PROVIDED IN SECTION
8320 ET SEQ. OF THE
STREETS AND HIGHWAYS
matter. I am the principal clerk of the CODE OF THE STATE OF
CALIFORNIA, FIXING TIME
printer of the: The Cupertino AND PLACE FOR PUBLIC
HEARING AND
PROVIDING FOR NOTICE
Courier, 20465 Silverado Ave., THERE WHEREAS, that por-
tion of a City street known as
Miramonte Road and more
Cupertino California a newspaper of particularly described in de-
scription and map attached
general circulation, printed every hereto and made part hereof
as Exhibits A and B,respec-
tively,'Is unnecessary for pre-
Wednesday in the City of San Jose, State sent or prospective public
street purposes; and to
of California, County of Santa Clara, and WHEREAS, it is the intent
retain the public utility ease-
ment;and WHEREAS,the City
which newspaper has been adjudged a Council elects to proceed i
suant to the provisions of of
Section 8320 et seq. of the
newspaper of general circulation by the Streets and Highways Code
of the State of California;and
WHEREAS,it is deemed to be
Superior Court of the County of Santa in the public interests that
the City Council elects to pro-
ceed to order said vacation;
Clara, State of California, Case Number NOW,THEREFORE BE IT RE-
SOLVED that the City Council
CVloo6 that the notice of which the hereby declares its i"tentioh
37 to vacate the aforesaid por=
tion of City street.
annexed is a printed copy (Set in type not BE IT FURTHER RESOLVED:
printed type 1.That the 16th day of June,
1997, at 6:45'p.m., in the
smaller than nonpareil), has been ' Council Chamber,City Hall,
„. 10300 Torre Avenue,
Published in each reular and entire �' Cupertino, California,.e xef is the
b g time and place fixed for hear-
':,i ing on the above proposed
issue of said Newspaper and not in any I,J vacation;
2:That the aforesaid'date is
supplement thereof on the following ``Hbt less than 15 days from
passage of this resolution
dates t0 wit: pursuant to law;
3.That the City Clerk shall
cause a certified copy of this
May 14 resolution to be published in
the manner prescribed by
all in the year of 1997
,,,.law,and shacause certified
nte
Ih copies to be posted alon the
line of said property proposed
to be vacated at least 10
certify (or declare) under penalty of days before the date of hear-
ing and no more than 300
Pperjury that the foregoing is true and feet apart with a minimum of
1 Y g b 3 being posted.
PASSED AND ADOPTED at a
correct. regular meeting of the City
Council of the City of
Cupertino this 5th day of
May, 1997, by the following
vote:Vote Members of the
City Council AYES: Burnetti
Dated.• May 14, 1997 City Dean, Sorensen,
Bautista NOES:NonABSENT:
at San Jose, California None ABSTAIN: None AT-
TEST:APPROVED:/s'/
i Kimberly Smith /s/ John
Bautista City Clerk Mayor,
City of Cupertino/KIMBERLY
— -- � SMITH/CITY CLERK CITY OF
CUPERTINO(Pub CC
5/14%97)
Denise Laguna L/
I