Loading...
09. Vacation intention 22605 Ricardo RdCUPERTINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM I AGENDA DATE June 1, 2010 SUBJECT AND ISSUE Adopt a Resolution expressing the Intent to Vacate a Portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road. BACKGROUND The owner of the parcel at 22605 Ricardo Road petitioned the City to vacate a portion of the existing Stevens Canyon Road right of way adjacent to his property that is no longer needed for roadway purposes. Harold "Bud" Barclay applied to the City of Cupertino requesting that the City consider vacating a portion of the existing Stevens Canyon. Road public road right of way. Once vacated, the area would become part of the Barclay parcel at 22505 Stevens Canyon Road. The resulting Stevens Canyon Road right of way after the requested vacation will create a better alignment to the existing roadway. Because there are utility facilities within the requested vacation area, a public utilities easement over the appropriate portion of the area of the requested vacation is being reserved. If Council adopts the resolution of intention to vacate the aforementioned right of way, the City will post and publish appropriate notice of that intention, as well as the date, time, and place of the public hearing to consider that intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. If the City Council finds after due consideration of the all the evidence submitted that the right of way described in the notice of hearing is unnecessary for present or prospective street purposes, then it may adopt a resolution vacating that right of way, reserving and excepting therefrom a public utilities easement, pursuant to Section 8324 of the California Streets and Highways Code. Adoption of the resolution will authorize the City Clerk to record the executed original resolution in the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no longer be a public street or highway, but will contain a public utilities easement retained by the City. 9 -1 FISCAL IMPACT There is no fiscal impact. STAFF RECOMIVENDATION Adopt Resolution No. 10 — (D 5 expressing the Intent to Vacate a Portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager Attachment A: Resolution 9 -2 Attachment A RESOLUTION NO. 10-105- DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO EXPRESSING THE INTENT TO VACATE A PORTION OF CITY RIGHT OF WAY ON STEVENS CANYON ROAD AT RICARDO ROAD WHEREAS, Harold "Bud" Barclay made application to the City of Cupertino to vacate right of way on Stevens Canyon Road at 22605 Ricardo Road as shown and described on the attached map and description, both of which are made a part hereof as Exhibit A and Exhibit B; and WHEREAS, the Director of Public Works has determined that there will be no further public need for said right of way if a public utilities easement over said right of way is reserved as a condition of the vacation of said road right of way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby expresses its intent to vacate the portion of public road right of way adjacent to the land at 22605 Ricardo Road, as shown and described on the attached map and description. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby directed to publish notice of this resolution and set a date for a public hearing as required by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1 St day of June 2010, by the following vote: Vote Members of the Qi1y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor,, City of Cupertino 9 -3 X4 Grant Deed All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California more particularly described as follows: Beginning at the most Northerly corner of that 23,898 square foot parcel of land as said parcel is shown on that Record of Survey Map, recorded in Book 739 of maps at page 54, Santa Clara County Records; thence Southwesterly along the Northwesterly boundary of said parcel, the following courses: S 20 °36'33" W, 32.32 feet, S 30 °36'25" W, 106.55 feet, S 38 °0916" W, 73.76 feet to the beginning of a tangent curve to the'left, thence Southwesterly, Southerly and Easterly along said curve having a radius of 15.00 feet, a central angle of 130° 02'25" and an arc length of 34.04 feet to the Northerly line of Ricardo Road as said road is shown on last said Record of Survey Map; thence S 88 0 06'51" W, leaving said Northwesterly boundary along the Westerly prolongation of the Southerly line of said parcel and Westerly prolongation of said Northerly line of Ricardo Road, 18.33 feet to the beginning of a tangent curve to the right; thence Westerly, Northerly and Northeasterly along said curve having a radius of 25.00 feet, a central angle of 133° 58'31" and an arc length of 58.46 feet to a line parallel with and distant 17.00 feet Southeasterly, measured at right angles, from the Stevens Canyon Road (formerly San Jose Road) monument line, as said line is shown on that certain Record of Survey Map recorded in Book 742 of maps at pages 23/35, Santa Clara County Records; thence N 42 0 05'22" E (N 41'58'39" E), along said parallel line, 52.74 feet to the beginning of a tangent curve to the left; thence Northeasterly continuing along said parallel line and along said curve having a radius of 567.00 feet, a central angle of 16 °51'26" and an arc length of 166.82 feet to the Northwesterly prolongation of the Northeasterly line of said 23,898 square foot parcel; thence S 32 0 18'53" E, along last said prolongation 17.05 feet to the point of beginning. Containing an area of 5,734 square feet more or less Reserving therefrom a strip of land 5.00 feet in width, measured at right angles, as an easement for roadway purposes and being the Southerly 5.00 feet of above described 5,734 square foot parcel. Said strip of land lying adjacent to and parallel with the Westerly prolongation of the Northerly line of said Ricardo Road. Also, reserving therefrom a strip of land 5.00 feet in width, measured at right angles, as a public utilities easement and being the Northerly 5.00 feet of the Southerly 10.00 feet of above described 5,734 square foot parcel. Said strip of land lying adjacent to and parallel with the first above described 5.00 -foot strip of land. Also, reserving therefrom a strip of land 4.00 feet in width, measured at right angles, as a public utilities easement; the Northwesterly line of said strip of land being a line parallel with and 9-4 distant 17.00 feet Southeasterly, measured at right angles from the Stevens Canyon Road (formerly San Jose Road) monument line, as said line is shown on that certain Record of Survey Map recorded in Book 742 of maps at pages 23/25, Santa Clara County Records, said strip being a portion of the above described 5,72 square foot parcel; Also, reserving there from a strip of land 4.00 feE?t in width, measured at right angles, as a public utilities easement; the centerline of which is described as follows: Commencing at the monument on the monument line of Stevens Canyon Road labeled Sta 38 -r 86.28 as said monument line and monument are shown upon said Record of Survey Map recorded in Book 742 of maps at pages 23/25, Santa Clara County Records; thence Northeasterly along said monument line and along a tangent curve to the left having a radius of 550.00 feet, a central angle of 0 °37'30" for an arc length of 6.00 feet; thence S 48 0 32'07" E, along the Southeasterly extension of a radial line of said curve, a distance of 21.00 feet to the true point of beginning; thence continuing S 48 0 32'07 E, 9.00 feet to the terminus of said 4.00 foot strip of land. Also, reserving there from a'strip of land 4..00 feet in width, measured at right angles, 'as a public utilities easement; the centerline of which is described as follov'vs: Commencing at the monument on the monument line of Stevens Canyon Road labeled Sta 38 + 86.28 as said monument line and monument are shown upon said Record of Survey Map recorded in Book 742 of maps at pages 23/25, Santa Clara County Records; thence Northeasterly along said monument line and along a tangent curve to the left having a radius of 550.00 feet, a central angle of 15 0 2757" for an arc length of 148.46 feet; thence S 63 °22'21" E, along the Southeasterly extension of a radial line of said curve, a . distance of 21.00 feet to the true point of beginning; thence. continuing S 63 °22'21 E,. 10.50 feet to the - ,: erminus of said 4.00 foot strip of land. Prepared By: j° • vim. �.. -'� J e 1_. ers, Civil* Engineer NO. 20372 RCE 20372' t 9 -5 (2) Q REF. (1) RECORD OF SURVEY STA 38 +86.28 742 M 23/25 P O �o O� P o f :) c-li M c CT h h ° • ^ � ° �,ryp h VL '� /"� h 532'18'53 "E �"A 17.05' P. 0. B. i i (3) / 4' P.U.E 4' P•U.E / S20'36'33 "W 32.32' O 4' (3) 17' rb 742 M 23/25 (2) FD MON. LS 5797 AREA = 5,734 SF± , (NO PUNCH) USED TIES (3) FD MON. RCE 20372 PROPERTY LINE CURVE TABLE CURVE RADIUS DELTA LENGTH Q 15.00' 130'02'25" 34.04' ® 25.00' 133'58'31" 58.45' © 567.00' 16'51'26" 166.82' QD 550.00' 0'37'30" 6.00' OE 550.00' 15'27'57° 148.46' STA 38 +86.28 742 M 23/25 P O �o O� P o f :) c-li M c CT h h ° • ^ � ° �,ryp h VL '� /"� h 532'18'53 "E �"A 17.05' P. 0. B. i i (3) / 4' P.U.E 4' P•U.E / S20'36'33 "W 32.32' O 4' (3) 17' rb AREA = 5,734 SF± , �• v i ( a l 4' P.U.E PROPOSED NEW PROPERTY LINE �, ^^�� LANDS OF BARCLAY ROS 739/54 V 5' P.U.E 5' EASEMENT FOR ROADWAY PURPOSES � p� 18.33' - - -- 223.54' b N ------------------------- S88'06'51 "IN ------ --• -.— —_ - - -- - - - - -- - RICARDO ROAD .o (2) EXHIBIT B LANDS OF BARCLAY CuFERTINO, CALIFORNIA SANTA CLARA COUNTY, CALIFORNIA9 - 6 5CALE: 1 " =50' MARCH 2010 AKERS AND ASSOCIATES, INC.