CC Resolution No. 9835RESOLUTION NO. 9835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION
OF MIRAMONTE 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 NOTICE 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 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. 9835
Page 2
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
APPROVED:
jS/o~7~'y of Cupertino
LEGAL DESCRIPTION FOR STREET VACATION
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 88° 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 COUNTY 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
?ARCEL
P)
EXHIBIT
'B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF A PARCEL
TO BE VACATED IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
PARCEL MAP
BK 496 PG ~-1
SOUTHWESTERLY LINE
OF PARCEL C
NORTHEASTERLY LINE
OF PARCEL C
?ARC~L C
10980 MIRAMONTE 20'
APN 556-01 -021
RICARDO ROAD
N88o05' 17"E
150.83
1" = 40'
OWACKI]
CONSULTANTS
CIVIL ENGINEERS/SURVEYORS/PLANNERS
2775 PARK AVENUE, SANTA CLARA, CA 95050, 408.243.4066
= AREA TO BE VACATED
AREA OF VACATION = 5017 SQ. FT.