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E-693 Vacation of Portion of Ricardo Rd, 22530 Ricardo Rd. Retaining Public Utility Easement, Resolotion 9834 b _r Y RESOLUTION NO. 9834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO O:R .DER VACATION OF A PORTION OF RICARDO ROAD LOCATED AT 2:2530 RICARDO 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 PUBBLIC HEARING AND PROVIDING FOR NOTICE. THEREOF WHEREAS, that portion of a City street known as Ricardo 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 days 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. 9834 Page 2 Vote Members Q 111g-Sim 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 4 e LEGAL DESCRIPTION FOR STREET VACATION A STRIP OF LAND THIRTY (30.0°:) FEET WIDE, IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF 9TH ADDITION MONTE VISTA" RECORDED APRIL 11, 1917 IN BOOK P OF MAPS,- PAGE 16 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SANTA CLARA COUNTY. THE MOST NORTHERLY LINE OF SAID THIRTY FOOT (30.0') WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF A LINE PARALLEL WITH AND TWENTYSEVEN FEET (27.0') EASTERLY FROM THE WESTERLY LINE OF SECTION (LOT) 61 AND THE CENTERLINE OF RICARDO ROAD AS SHOWN ON SAID MAP, THENCE NORTH 88° 05' 17" EAST 145.7 FEET ALONG SAID CENTERLINE TO THE EASTERLY BOUNDARY OF SAID MAP. THE SOUTHERLY LINE OF SAID THIRTY FOOT (30.0') STRIP OF LAND 1S TO BE LENGTHENED OR FORESHORTENED SO AS TO TERMINATE WESTERLY AT SAID LINE PARALLEL WITH AND TWENTYSEVEN FEET (27.0') FEET E=ASTERLY FROM THE WESTERLY LINE OF SAID SECTION (LOT) 61 AND TO TERMINATE EASTERLY AT THE EASTERLY BOUNDARY OF SAIID MAP. RESERVING HEREFROM FOR THE COUNTY OF SANTA CLARA, THE 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 A AND BY REFERENCE MADE A PART HEREOF. BRUCE R.STORRS L.S.6914 - MY LICENSE EXPIRES SEPTMEBER 30,19137 THIS DOCUMENT WAS PREPARED M-, BY ME OR UNDER MY SUPERVISION. TS/NOWACK CONSULTANTS, INC. 2775 PARK AVENUE SANTA CLARA, CA 95050 (408) 243-4066 J j r ' EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL TO 8E VACATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA O o ti ti rI �` �F `� �o RICARDO ROAD " N88°05' 17"E 145.7' + 0 N •- I IMOST WESTERLY LINE ------ 30.0' OF SECTION (LOT) 61 I PER BOOK P PAGE 16 22530 RICARDO RD. OF MAPS I APN 356-001 -008 I —� 27.0' I ' I I 1" = 40' 1 V 0 tl V A C K = AREA TO BE VACATED C O N S U L T A N T S AREA OF VACATION = 4371 SO. FT. CIVIL ENGINEERS/SURVEYORS/PLANNERS 2775 PARK AVENUE, SANTA CLARA, CA 95050, 408.243.4066 PROOF OF PUBLICATION Filing Stamp (2015.5 C.C.P.) - PROOF OF PUBLICATION State of California County of Santa Clara am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and.not party to _ RESOLUTION NO.9&U or interested in the above entitled I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS matter. I am the principal clerk of the 1NTENTION TO DOOR VACA- TION OF A PORTION^OF RI- printer of the: The Cupertino CARDO ROAD LOCATED AT 22530 RICARDO ROAD,RE- TAINING PUBLIC UTILITY Courier, 20465 S i l v e r a d o Ave., EASEMENT AS PROVIDED IN SECTION 8320 ET SEQ. Cu ertino California a newspaper of OF THE STREETS AND HIGH- p WAYS CODE OF THE STATE i OF CALIFORNIA, general circulation, printed every FIXING PUBLIC EHEARING AND PROVIDING FOR NOTICE Wednesday in the City of San Jose, State THEREOF WHEREAS, that portion of a City street known of ounty of Santa Clara and as Ricardo Road and more California,, � particulaH'rl described in de- scription and map attached which newspaper has been adjudged a hereto and made part hereof as Exhibits A and B, respec- tively,is unnecessary for pre- newspaper of general circulation by the sent or prospective public street purposes; and WHEREAS. it is the intent to Superior Court of the County of Santa retain the public utility ease- ment;and WHEREAS,the City ClaraState of ase Number Council elects to proceed pur- > California,> suant to the provisions of Section 8320 et seq.of the CV1oo637 that the notice of which the I Streets and Highways Code of j the State of California;and WHEREAS,it is deemed to be annexed is a printed copy (set in type not I in the public interests that the City Council elects to proceed smaller than nonpareil), has been I to order said vacation;NOW. THEREFORE BE IT RESOLVED ' that the City Council hereby published in each regular and entire declares its intention to va- cate the aforesaid portion of City street.BE IT FURTHER RE- issue of said Newspaper and not in any SOLVED: 1That the 16th day of June, 1997,at 6:45 p.m., supplement thereof on the following in the Council Chamber,City Hall, 10300 Torre Avenue, Cupertino,California. is the dates to wit: time and place fixed for hear- t ing on the above proposed va- cation; May 14 j 2.That the aforesaid date is not less than 15 days from passage of this resolution pur- all in the year of 1997 i suant to Iaw;3.That the City Clerk shall cause a certified certify r declare under penalty opy of this resolution to be y ( ) p Y of published in the manner pre- scribed by law, and shall ' perjury that the foregoing is true and cause certified copies to be posted along the line of said property proposed to be va- correct. cated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. PASSED AND ADOPTED at a Dated: May 14, 1997 regular meeting of the City Council of the City of Cupertino this 5th day of May, at San Jose, California 1997. by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES:None ABSENT: None --------- — — ABSTAIN: None ATTEST:APPROVED:City Clerk Denise Laguna Mayor,City of Cupertino/KIM- BERLY SMITH/CITY CLERK CITY OF CUPERTINO(Pub CC 5/14/97)