E-742 Vacation of Roadway Easement, North Side of Stevens Creek Blvd, North of Janice Ave, Resolution 9287, 9245BY
RECORDING REQUESTED B
City of Cupertino
WHEN RECORDED MAIL TO: "
CITY CE CUPERTINO
10300 TORRE AVENUE
CUPE TINO, CA 95014
t`c
PA;GE.
CltY OF CUPERTINO
DEC 13 24 AM
335
FFIGIA s 0--i
SANTA CLARA COUNTY �
DAVIS
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
VACATION OF ROADWAY EASEMENT 5 NORTH -SIDE OF STEVENS CREEK BOULEVARD I NORTH
DOCUMENT TITLE F JAN ICE AVENUE
SEPARATE PAGE, PURSUANT TO GOVT: CODE 27361.6
9) 3149
RESOLUTION NO. 9287` '� 3 ?A GE
A RESOLUTION of THE CITY COUNCIL of THE CITY of CUPER.TINo
ORDERING VACATION of A ROADWAY EASEMENT WITHIN THE CITY
OF CUPERTINO PURSUANT To SECTION 50430 ET SEQ. of THE
GOVERNMENT T CODE of THE STATE of CALIFORNIA, NORTHERLY
SIDE of STEVENS CREED BOULEVARD, NORTHERLY OF JAN ICE E AVENUE
WHEREAS, hearing on Resolution of Intention No. 9245 was held on February 6, 1 995, at a
.regular adjourned meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and
VMER AS, it appears that notice thereof was duly given as required by law; and
WHEREAS, from the evidence presented, both oral and documentary, it appears to he to the
best interest of the City to vacate the hereinafter described roadway easement; that said easement is
unnecessary for present or prospective public purposes.
STOW, THEREFORE, BE IT RESOLVED:
i . That all or any protests against the vacation of said roadway easement b ' and
hereby are overruled and denied;
2. That that certain roadway easement described and shown in Exhibits "A" and
"B" attached hereto and made part hereof, he and hereby, is vacated.
BE IT FURTHER RESOLVED:
That the City Cleric be and hereby is instructed and directed to cause a certified copy of this
resolution, attested to and sealed with the. official seal of the city, to be recorded with the County
Recorder of the County of Santa Clara, Califomia, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 6th day of February ..._.. � 1995, by the following vote:
Vote Members of the City, Council
AYES :. Bautista., Burnett, Koppel, Sorensen., Dean
NOES: : None
ABSENT. Nona
ABSTAIN: None
ATTEST:
Isl Kim Marie Smith
City Clerk
FAI V U
Isl Wally Dean
Mayor, City of Cupei.�'ino
THIS IS TO CrERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT 013PY
0 ' THE ORI I I� 13N FILE IN THIS MFFICED
`T T L , 1
I` O O THE � Y 1C13F CUPERTINO.
CITY QLERK
.
H:XH I a I rip yk
THE NORTHERLY SIDE OF DESCRIPTION OF THE ABANDONMENT F A PORTION
STEVENS NS CREEK
NORTHERLY OF JAN ICE AVENUE
CITY UP RT . CALIFORNIA
All that certain real property situated
Cupertino, � the City of
County of Santa Clara, State of California,
portion Stevens Creek being a
Boulevard as said roadway existed on
or prior to August 15, 1994, and heir or
"'�"�P INSPIRATION portion o dot �4 of
o� o I� �" , filed for record
Boob ���# of daps at 1 �n
Santa Clara ouanty Records, more
particularly described as follows:
Beginning at a point on the Southerly line
(now abandoned � o ��� �rax� way
a shown upon said Map at the dividing `
between Lots 2 and line
o said Map; thence along said South-
erly line of Sylvan Way ` ' 1 ' " 78.11 feet; k
said .i 579 � theme leaving
w 12 . 3 feet; thence along a line which
Parallel with the- oanu ent line a of s
Stevens ns Creep Boulevard, as
shown upon Record of Surrey filed n Book 469
Sant of 'Maps at Page
Santa Ciar County and distant therefrom
feet night angle measures s S 9' 1' 3 "' o, 2 feet to the
intersection thereof with the
. . Southerly e
�e�s�o. of the diidin
dividing-line between Lots 2 and 23
above referred' to
thence along said line N ' of ' w 2.34 feet t the a point of
beginning..
Containing 197 square . feet, more r less. Re
EXHIBIT Be � Refer t
which i hereby made a pant of this description..
Date. August 1* 1994
Prepared by:. E.J. Hahamian, RC .13 , 318
Expires: March ch 31 , 1997
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5TEVEN5 CREEK BLVD:
CITY OF CUPER71NO, CAUPOR41A
DATE: AUGUST 16, 1'994 5CALEt l' 30'
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a �wl ��w I p ,Area. +o be AL)QnJor7ecl and to be refs +reed
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�--7 `f )^--
RESOLUTION NO. 9245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A ROADWAY
EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION
50430 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, FIXING TIME AND PLACE FOR HEARING AND
PROVIDING FOR NOTICE THEREOF; NORTHERLY SIDE OF
STEVENS CREEK BOULEVARD, NORTHERLY OF JANICE AVENUE
WHEREAS, that certain roadway easement more particularly described in
description and map attached hereto and made part hereof as Exhibits "A" and `B", is
deemed unnecessary for present and prospective use; and
WHEREAS, the City Council elects to proceed pursuant to Section 50430 et seq.
of the Government Code of the State of California; and
WHEREAS, it is in the public interest that the City Council initiates the vacation
of said easement;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby declares
its intention to vacate the aforesaid roadway easement;
BE IT FURTHER RESOLVED:
1. That the 17th day of January, 1995, at 6:45 p.m. in the Council Chamber,
City Hall, 10300 Torre Avenue, Cupertino, California, is the time and place fixed for
hearing on the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be
published in the manner prescribed by law, and shall cause certified copies to be posted
along the line of said property proposed to be vacated at least 10 days before the date of
hearing and no more than 300 feet apart with a minimum of 3 being posted.
1
RESOLUTION NO. 9245
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of December , 1994, by the following vote:
Vote Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kim Marie Smith
City Clerk
2
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
PROOF OF PUBLICATION
(20M5 C.C.P)
STATE OF CALIFORNIA
County of Santa Clara
I ani a citizen of the United States and a resi-
dent of the county aforesaid; I am over the age
of eighteen years, and not party or interested in
the above -titled matter. I am the principal clerk
of the
CL'PE EN -0 COURIER
20465 Silverado Ave., Cupertino, Ca_''ornia, a
newspaper of general circulation, printed every
Wednesday in the city of Los Altos, California,
County of Santa Clara; and which newspaper
has been adjudged a newspaper of general cir-
culation by the Superior Court of the County of
Santa Clara, State of California, Case Number
328150; that the notice of which the annexed is
a printed copy (set in type not smaller than non
pared), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
�.'_1 in the year 19
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated Cupertino, California, this
I 1907�
Signafare -�
'11 -lis space is for the Co ui-,ty Clerk's Filing
stamp:
PROOF OF PLBLICAXTON OF
C� r:
1 �� _ r
CITY OF CUPERTINO
NOTICE OF PUBLIC
HEARING
VACATION OF ROADWAY
EASEMENT
NOTICE IS HEREBY
GIVEN that at their regular
meeting of Monday, January
17, 1995, the Cupertino City
Council will conduct a public
hearing to consider vacation of
a roadway easement within
the City of Cupertino pursuant
to Section 50420 et seq. of the
Government Code of the State
of California. The property is
located on the northerly side of
Stevens Creek Boulevard,
northerly of Janice Avenue.
Council meets at 6:45 p.m.,
City Hall Council Chamber,
10300 Torre Avenue, Cuperti-
no, California. Interested par-
ties are invited to attend and
be heard.
If you wish to challenge the
City Council's action in court,
you may be limited to raising
only those issues you or
someone else raised at the
public hearing described in this
notice, or in written correspon-
dence delivered to the City of
Cupertino City Hall at, or prior
to, the public hearing.
KIM M. SMITH
CITY CLERK CITY OF CU-
PERTINO
Pub: 1-4-95
841-C