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CC Resolution No. 06-202 RESOLUTION NO. 06-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO V ACA TING A PORTION OF CITY RIGHT OF WAY ON DOLORES AVENUE AT BYRNE AVENUE WHEREAS, Allen K. Hsu and Cindy S. Hsu, husband and wife as joint tenants, made application to the City of Cupertino to develop land at 21926 Dolores Avenue; and WHEREAS, Allen K. Hsu and Cindy S. Hsu, husband and wife as joint tenants, also made application to the City to vacate public road right of way adjacent to the land at 21926 Dolores A venue, 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; 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 the 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 vacates the portion of public road right of way adjacent to the land at 21926 Dolores A venue, 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 public street or highway. Resolution No. 06-202 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, K wok, Lowenthal, Mahoney, Sandoval None None None ATTEST: APPROVED: l:!t J1~i{A /1 (--1-h-it:il City Clerk r' j / "EXHIBIT A" PROPOSED STREET VACATION 21926 DOLORES AVENUE CUPERTINO, CALIFORNIA SEPTEMBER, 2006 All that certain real property situate in the Cmmty of Santa Clara, State of California, more particularly described as follow: All the property line adjustments are contained in Lot 155 as shown upon the Map of Subdivision" A "Monte Vista, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of Califomia, on April 11 th , 1917 in Book "P" of Maps, Page 20, and a Resolution No. 03-075 of the City Council of the City of Cupertino making determination and approving the Annexation of territory designated "Dolores A venue 02-04" and more pa11icularly described as follow: Beginning at the point of the Northeast comer of Lot 155 as shown on said subdivision; Thence from said point of beginning West 70.15 ft along the Northerly boundary of said Lot 155. Thence along a tangent curve to the left having a radius of 20 feet, with a central angle of 90 0 00' 00", for an arc length 31.42 feet to a point on the Westerly boundary of Lot 155, also Easterly sideline of Byme Avenue ( 50 feet wide ). Thence along the Westerly boundary of Lot 155 North 5.00 feet. Thence along a tangent curve to the right having a radius of20 feet, with a central angle of 900 00' 00", for an arc length 31.42 feet to a point on the Southerly sideline of Dolores Avenue ( 50 feet wide). Thence East 70.15 feet along the Southerly sideline of Dolores Avenue to a point of the prolong Easterly bOlmdary of said Lot 155. Thence South 5.00 feet along the prolong Easterly boundary of Lot 155 to the Point of Beginning. A.P.N.: 357-14-015 Containing: 450.75 square feet, more or less 0.01 acres, more or less 7~~b ~ ""+$ - AtN 357-14-015~ of c:s-: ti 1014L '. q 375 +i2. + ~ a ~~ o. 2'2Ac(t:!:~f 2t1 ~ ~ FI I ~ "~,L_~'N loT ~~~; ~ I'~~W' ~~T 40, /13/ DO LOt<:E SAVE: R::20.00' ::\ t I f ~~~~' ~~ /~~~~~~~/'..S.:.. /// W~7T 70./51 --J. r' 11 / R':.20.00' li '=40"00'00" L =.-3 r ,4-z ' LoT 1:;,5 UJ ~ In ':Z, cL >- en 20' 30 ' LE6E ND J "' '" l!\ 1;'4 ... Ll) N p. o. a- 'TOli'\L 4; 0,7S ft'l N 0.01 Aaest <. --- c:::EJTER lI~E OF STREET .c-.,.;...---- ..- PROPERTY LI~E N w > <( w w > () <( z w SITE <( 0:: Z 0 n::: >- rn ALCAZAR AVE DOLORES AVE Me CLELLAN RD. ~ :c ~ -\ at VICINITY MAP NO TO SCALE EXHIBIT 13 P'RoP05ED S71<r:1=T . VACA TI ON ~TE: BY : - f:O. aax q/2c>/o6 SCALE: 111=40' .J- L . RE\/ : ES C. CHE"i1 C,E') S.E. 20302. ~ JOSE/~ o::f'S160