CC Resolution No. 06-201
RESOLUTION NO. 06-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
VACATING A PORTION OF CITY RIGHT OF WAY ON
MCCLELLAN ROAD AT MADRID ROAD
WHEREAS, Roger Low and Jinling Low, husband and wife, made an application to the
City of Cupertino to pursue a future parcel map at 21988 McClellan Road; and
WHEREAS, Roger Low and Jinling Low, husband and wife, also made application to the
City to vacate public road right of way adjacent to the land at 21988 McClellan Road, as shown
and described on the attached map and description, both of which are made a part hereof; 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; and
WHEREAS, the City Council did, on the 6th day of November 2006, 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 thc
notice of hearing is unnecessary for present or prospective street purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby conditionally vacates the portion of public road right of way adjacent to the land at 21988
McClellan Road, as shown and described on the attached map and description, reserving and
excepting therefrom a public utilities easement, including the easement and right as set forth in
Sections 8340 and 8341 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 public street or highway.
Resolution No. 06-201
2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of December 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
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Portion of McClellan Road Rights of Way to be Vacated
All that real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows'
Beginning at the street monument at the center of cul-de-sac of Madrid Road a shown on
the Parcel Map recorded in Book 510 of Maps at Page 2, Santa Clara County Records;
thence along the centerline of Madrid Road North 0 Degrees 00 Minutes 25 Seconds
East a length of90 12 feet, thence leaving said centerline North 89 Degrees 45 Minutes
50 Seconds East a length of 25.00 feet to the easterly rights of way line of Madrid Road;
thence along said rights of way line North 0 Degrees 00 Minutes 25 Seconds West a
length of 66.46 feet to the True Point of Beginning; thence along continuation of the
easterly rights of way North 0 Degrees 00 Minutes 25 Seconds West a length of 23,96
feet to the beginning of tangent curve to the right; thence 1 1.13 feet along the curve,
said curve having a radius of20,00 feet and delta 31 Degrees 52 Minutes 55 Seconds to a
point of reverse curve; thence 18 58 feet along a reverse curve to the left, said curve
having a radius of285.00 feet and delta 3 Degrees 44 Minutes 10 Seconds; thence
leaving the prolongation of easterly right of way line North 89 Degrees 59 :Minutes 35
Seconds East a length of 18.70 feet to the existing easterly rights of way line; thence
along said rights of way line South 0 Degrees 00 Minutes 00 Seconds West a length of
22.44 feet to the beginning of tangent curve to the rights; thence 22.40 feet along the
curve, said curve having a radius of20.00 feet and delta 64 Degrees I I Minutes 30
Seconds; thence South 64 Degrees 11 1\1inutes 05 Seconds West a length of 18,04 feet to
the beginning of tangent curve to the left; thence 4.20 feet along the curve, said curve
having a radius of 1500 feet and delta 16 Degrees 00 Minutes 38 Seconds, to the True
Point of Beginning of this description.
7
Containing L 156 sq. ft, more or less,
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LENGTH RADIUS
11.13 20.00
4.19 15.00
16.81 15.00
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ROW TO BE
VACATED
1,156 sq. ft.
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589'45 50 W 200.25
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POINT OF BEGINNING
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2005- 085