Loading...
Exhibit CC 09-07-2010 No. 33 I?JIJH S SIT HTHXJ CC / - ) /to �� ∎i RESOLUTION NO. 10- # 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO Ai VACAT A PORTION OF CITY RI OF WAY ON /`0 /,,\ STEVENS CANYON ROAD AT RICARDO ROAD CUPERTINCJHEREAS, 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 both a five-foot wide pedestrian access easement, along Stevens Canyon Road, and a public utilities easement over said right of way are reserved, as a condition of the vacation of said road right of way; and WHEREAS, the City Council did, on the :3rd day of August 2010, adopt a resolution of intention to vacate the aforementioned right of way, and the City Clerk has posted signs and published notice declaring said intention, and the date, time, and place of a public hearing to consider said intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code; and WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the City Council finds, from the all the evidence submitted, that the right of way described in the notice of hearing is unnecessary for present or prospective purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby vacates the portion of public road right of way adjacent to the land at 22605 Ricardo Road in Cupertino, as shown and described on the attached map and description, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby authorized 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 city right of way. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September 2010, by the following vote: Vote Members of the City Council ` -. - AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT "A" Grant Deed for Vacating Roadway 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 it 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 °09'16" 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 °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 23/25, Santa Clara County Records; thence N 42 °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 °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 it 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 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 5,734 square foot parcel; Also, reserving therefrom a strip of land 5.00 feet in width, measured at right angles, an easement for sidewalk purposes, the Northwesterly line of said strip of land being 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 23/25, Santa Clara County Records, said strip being a portion of the above described 5,734 square foot parcel; Also, reserving there from a strip of land 4.00 feel 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 + 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 °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 °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 follows: 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 °27'57" 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 terminus of said 4.00 foot strip of land. Prepared By ,v , i f No. 20372 Ifi J oe L. Akers, Civil Engineer ' o t / 4 RCE 20372 ..- , (2) Q i i ', / 0 50 1 SCALE 1 " =50' / .^ O ) ' REF. (1) RECORD OF SURVEY V / 742 M 23/25 0 �^ ^ M , (2) FD MON. `4 � LS 5797 = o ^ / r 4i (NO PUNCH) Q o,0 N USED TIES (I) ,. / Z ) 5 .4 ) ' � (3) FD MON. __ // //• /( " 5. A.'3/ 17.05' 532'18'53 "E RCE 20372 I O --- ----- P.O.B. i /bt �( `, 4' P.U.E PROPERTY LINE CURVE TABLE 4' P.U.E CURVE RADIUS DELTA LENGTH "/ 320 26'33 "W Q 15.00' 130'02'25" 34.04' 5' SIDEWALK i EASEMENT 4' / (3) 0 25.00' 133'58'31" 58.46' © 567.00' 16'51'26" 166.82' © 5 � � QD 550.00' 0'37'30" 6.00' ) ' ' i i il ® 550.00' 15'27'57" 148.46' / / CY/fr , %. " Z ) 1 /�' / h�� • vs STA 38 +86.28 �" ' i 4 ' �, 742 M 23/25 >� � / ARE = 5,734 SF± (2)01 ,' RICARDO ROAD (E) 5' ROADWAY EASEMENT P 404 OR 1425/1432 j O, ' 4 , P ///,���"�_;,.. - (3) cO . / r:V/� R 4' P.U.E 2 1�ti hR.O� -PROPOSED NEW PROPERTY LINE `, u 0� ti ,,�� �� ^). LANDS OF BARCLAY o , . o ROS 739/54 1 oP . G `, � �a'� / /�� 6 0 0 �O' „.(55) ' i ( 5' P.I.E \l-� ''4'4' `l' � ��� O Qf 5' EASEMENT FOR ROADWAY PURPOSES �C/ , �^p� of , �. _ _ -- - �� P ��o ` '` fi e � Q 18.33' 223.54' N o w `L e _588'06'51 "W --- --------------- O . — — — ------------------ (E) 5' PUE P 404 OR 1419/1424 c//' ��'• A.,7 � EXHIBIT B LANDS OF BARCLAY CUPERTINO, CALIFORNIA ( (2) SANTA CLARA COUNTY, CALIFORNIA SCALE: I " =50 MARCH 2010 AKERS AND ASSOCIATES, INC. CIVIL ENGINEER - 830 BAY AVE. STE. E, CAPITOLA, CA. 95010 - (83 I) 475 -6557 REV: 9.02.10 10875 /0 . 0 '\ ' ` )(1>p x . 4. Op yD` 25 ,�4 ti p ir V. ' ' 'fil''' 1 4. • { 1yyt.5 X� N S $ �� . ( � ^ + am , „. • :p . .., . ,_, -,..1 , , ,,, ,.. „„ Y n s will p5 ,..: v J- f` 4 t a * S i f i Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo N C Road. N N fizi.,. "F'., ,''' N Recommended Action: Adopt resolution. c. c 717 Ito Grace Schmidt From: Aarti Shrivastava Sent: Tuesday, September 07, 2010 8:59 AM To: City Council Cc: David Knapp; Carol Korade; City Clerk; Gary Chao Dear Councilmembers, After reviewing the meeting minutes, tape and documents of March 7, 2005, the last time we amended the Fence Ordinance, it is clear that the ordinance was to be amended to make section 16.28.045 apply to ALL gates. Consequently the title of the section was changed from "Vehicular Electronic Security Gates" to "Roadway and Driveway Gates ". The first sentence of the ordinance paragraph was changed from "Vehicular electronic security gates may be approved through a fence exception..." to "Roadway and driveway gates may be approved through a fence exception..." I believe it was inadvertent that the reference to "electronic" in the later part of the same ordinance paragraph was left in. All references to "electronic" should have been deleted to fulfill the intent of the ordinance revision. This was the Planning Commission's recommendation and the Council decision did not change the Commission's recommendation with regards to amending the ordinance to apply to all gates (electronic and manual). Therefore, I believe that we can update the ordinance by deleting two instances of the word "electronic" as noted in the September 7, 2010 staff report administratively. The item will not have to go back to the Planning Commission for discussion. Aarti Shrivastava 1