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E-737 Vacation for Portion of City Right of Way. McClellan Rd at Madrid • RECORDING REQUESTED BY DOCUMENT : 19236490 Pages' 5 City of Cupertino Fees • No Fees Taxes. WHEN RECORDED MAIL TO Copies AMT PAID City Clerk's Office City of Cupertino REGINA ALCOMENDRAS RDE a 012 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 12/21/2006 Cupertino, CA 95014-3255 Recorded at the request of 2 07 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 VACATION FOR PORTION OF CITY RIGHT OF WAY ON • MCCLELLAN ROAD AT MADRID ROAD RESOLUTION NO. 06-201 ROGER LOW AND JINLING LOW 21988 McClellan Road Pi Original 0 For Fast Endorsement 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 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 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 6`h day of December 2006, by the following vote: Vote Members of the City Council AYES: Wang, Kwok, Lowenthal, Mahoney, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: eo- ail (/ City Clerk Ma .r, City of Cupert. o G44mil' A. • 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 of 90.12 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 11.13 feet along the curve, said curve having a radius of 20.00 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 of 285.00 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 of 20.00 feet and delta 64 Degrees 11 Minutes 30 Seconds; thence South 64 Degrees 11 Minutes 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 15.00 feet and delta 16 Degrees 00 Minutes 38 Seconds, to the True Point of Beginning of this description. Containing 1,156 sq. ft. more or less. g�o'�'N0 SU i • �o�_�4`P �O o •Z+ 9 "67 M.4853 E 12,3147 ar 9TH Or CA�`FpP WESTFALL ENGINEERS, INC ' • IFD. STD. CITY MONUMENT In l T O • O O CURVE TABLE *z CURVE LENGTH RADIUS DELTA Cl 11.13 20.00 31'52'55' v C2 4.19 15,00 16'00'38' f M FD. 3/4'1.P. OPEN C3 16.81 15.00 64.11'30' il C4 22.40 20.00 64'11'30', 27.87' (2). C5 18.58 285.00 3'44'10' 1 / 27.88' 30.00• o°. ° 1 " = 40' Q. o / Ic'4 3 0 in oo ROW TO BE .‘-l',. 51 Z VACATED ,��, F2' 1,156 sq. ft. .p�. ' C5 A / n 589'59'35"W 164.25' FD. STD. CITY MONUMENT v 181.7. V � t j o _ N / c' C1 ' J� ;Q C4 1 �• i C3 ,. C2 N 0b0'25"W ''-8 23.96' �, __ _N89'45'50'E 200.02' -- E. , 691' I 195.26—- h�5�' r` " 4.76' N 0 2 In N • •lal I O • Ci O F,0.00'P _ 195.25' Q 8 589'45'50"W 200.25' co 0 Ct J • 4` y�0 SAND so9L ,�; •)r: 1•.tr _b rti No 4953 I 'try!,Po>:,r?a P^Vx. r+1gr tarot Exp.121-07 U FD. STD. CITY MONUMENT POINT OF BEGINNING * 2 �,-$. -"co i T OP GAS •,�.--. :w•.. A P1 1.1 TQ ` ACCOMPANY A DESCRIPTION WESTFALL ENGINEERS, INC. 2005-085 2,t•f•••'-- 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 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 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: Wang, Kwok, Lowenthal, Mahoney, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/Kris Wang City Clerk Mayor, City of Cupertino