E-708 Vacation of Roasdway, Rainbow Dr and Weymouth DrRESOLUTION NO. 00-055
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 8320
ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND
PROVIDING FOR NOTICE THEREOF; RAINBOW DRIVE AND WEYMOUTH DRIVE
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 the provisions of Section 8320 et seq. of
the Streets and Highways Code of the State of California; and
WHEREAS, it is deemed to be 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 6th day of March, 2000, at 6:45 p.m., in the Council Chamber, City Hall, 10300 Torre
Avenue, Cupertino, California, is the time and place fixed for heating 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th
day of February, 2000, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPRO'~ED: ~
;GINEERING
Consulting Engineering, Planning
Surveying · Lend Development
I.EGAL DESCRIt'TION
FOR
PUBLIC STREET VACATION
ALL THAT CERTAIN REAL PROPERTY SI'I*UATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CAI.IFORNIA, AND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOU'HtEASTERLY CORNER OF PARCEL I AS
SHOWN ON SAID PARCEL MAP RECORDED ON JIII,Y 21, 1999 IN BOOK 71 g OF
MAPS, AT PAGE 7, SANTA CLAIL-% COUNTY RECORDS, SAID POINT OF
BEGINNING ALSO LIES AT THE F. XlS'['ING RIGHT-OF-WAY LINE OF
RAINBOW DR I V E, TI IENCE FROM SA1D POINT OF BEGINNING. AND
RUNNING ALONG TIlE RIGIIT-OI:-WAY LINE OF RAINBOW DRIVE S89
$4'30"W, A I.)ISTANCE OF 87.23 FEET; THENCE THROUCiH A CURVE TO 'tHE
RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 89 58'51",
AND AN AR('', I.ENGTH OF 31.41 FEET: TI. YE, NCE RUNNING ON A LINE THAT TS
Till:'.' PROI .ONGATION OF THE RI(il iT-OF-WAY OF WEYMOUTH DRiVE
S 00 04'21" E A DTS'I'ANCE O1" 19,86 FEET; THENCE RUNNING THROUGH A
CURVE TO TIlE LEFT HAVING A RADIUS OF 20.00 FEET; A CENTRAL ANGLE
OF 88 IYI6", AND AN ARC LENG'I'iI OF 30.80 FEET; THENCE THROUGH A
CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE
OF 16 51'02". AND AN ARC ! .ENGTH OF 50.00 FEET; THENCE THROUGHT A
CURVE TO THE RIGHT }lAVING A RAf)IU$ O1.' 230,00 FI:;ET, A CENTR.AL
ANGLE OF 09 54'18", AND AN ARC LENGTH OF 39.76 FEET; THENCE
N 00 05'08" E 3.89 FEET TO *['HE POINT OF BEGINNING.
CONTAINING 1535 SQLIARE FEET MORE OR LESS.
1475 Saratoga Ave.. Suite 240 · San Jose, CA 95129 (408) 255-5661 Fax (408) 255-5662
s ,
PROOF OF PUBLICATION PROOF OF PUBLICATION
Filing Stamp
(2015.5 C.C.P.) '
State of California j
County of Santa Clara
am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled matter.
am the principal clerk of the printer of
the: The Cupertino Courier, 20465
Silverado Ave., Cupertino
California, 95014 a newspaper of
general circulation, printed every i
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, Case Number
CV1oo637 that the notice of which the
annexed is a printed copy (-yet in type not
smaller than nonpareil), has been ;
published in each regular and entire issue
of said Newspaper and not in any -�
supplement thereof on the following ti
dates, to wit: �.
f
In the year 2000
certify (or declare) under penalty of
perjury that the foregoing is. true and
correct. ►
Dated:
at San Jose, California
M�� I
Kathy W ightson !
j
RESOLUTION N0.00-055. Abstain:None CLARA,,STATE OF CALIFOR- RAINBOW DRIVE,-THENCE PROLONGATION QF THE ANGLE OF 16 51'03,AND
A RESOLUTION OF THE NIA, AND' DESCRIBED AS- FROM--'SAID' POINT t)F RIGHT OF-WAYt`GF WEY= AN�'ARC LENGTH,OF 50.60
CITY COUNCIL OF-THE--CITY- APPROVED: FOLLOWS, ''' BEGINNING,AND'RUNNIAIG AAOUTH DRIVEdS�00�04'21"�IFEEET;THENCE THROUGHT
.r
OF CUPERiTINO DECLAR=:/s/Kimberly Smith ,BEGINNING AT 1'HELMOST JALONGaTHE�RIGHT.OE=WAY.',S A DISTANCE OF 19.86: A, CURVE TO_`: THE
.ING, ITS INTENTION TO,; /s/lohn_Statton _.SOUTH_EASTERLY CORNER LINE OF,RAINBOW DRNE,' FEET; TRHENCEi RUNNING:'RIGHTHAVING•k RADIUS
�.y .-y
ORDER VACATION; OF A .Cit Clerk , OF PARCEL AS�SHOWN 58954 30"W,.A DISTANCE •THROUGH;A CURVETO THE OF_230 OO:�FEET, A t
�_ Y
ROADWAY EASEMENTr' Mayor CIty of Cupertino ON SAID PARCEL MAP OF 87:23 FEET, THENCE LEFT HAVING A RAQIUS'OF T, '"ANGLEOF 09 54'18",
WITHIN THE CITY OF EXHIBIT A_ RECORDED„ON JULY 21, THROUGH A CURVE TO THE 20.00;FEET, A-•CENTRAL •AND AN ARC LENGTH OF'
CUPERTINO PURSUANT .LEGAL, DESCRIPTION;FOR 1999�ANI-BOOK 71&OF "RIGHT',!HAVING A';RADIUS ANGLE OF;88 13'16";,AND' 39:76 FEET;THENCE N,00-
T0._SECTION`8320ET SEQ: PUBLIC STREET VACATION .MAPS AT PAGE 7, SANTA OF 20:Q0.':FEET,A,CENTRAL AN;ARC OF LENGTH OF .05'08"F._3.89 FEET,TO THE,
THE STREETSF AND::ALL_,THAT, CERTAIN.REAL CIARA;1OUNTY`RECORDS; ANGLErOF"89°58'51°;AND 30;80,._ .FEET,: :;THENCE POINT OF BEGINNING:
___
HIGHWAYS`CODE O�F THE PROPERTY SITUATE'IN THE, -SAIDyP01NT OF BEBINNING yA�N ARC;LENGTH;OF 3i 41 THROUGH A CURVE TO THE' CONTAINING' 1535,
STATE 'OF CALIFORNIA;=CITY' OF ' LUPERTINO,. ALSO�'LIESAT""THE'-EXIST-" FEET,µTHENCE'RUNNING. LEFTiHAVING'A RADIUS OF"-'-SQUARE,,. MORE OR`'
FIXING TIME:AND' PLACE .COUNTY ODF � SANTA 1NGRIGHT-O•F.-WAYUNE.OF: cON� LINE THAT.IS THE 170.00'.FEET, A.CENTRAL:. LESS. .
FOR PUBLIC HEARING AND
PROVIDING_FOR NOTICE -
THEREOF,._. . RAINBOW •> 3
DRIVE•AND WEYMOUTH _
DRIVE. Z
WHEREAS, -that .certain.
roadway easement more.
particur=lady described in
!, description and _map v T
attached hereto and made
part hereof as Exhibits'A" Ei a(1 t
and"B",is deemed,unnec
RA/Ned W D {r�r • <.
essary for present and `
prospective use;and
WHEREAS,:the City-Council= Y.lCINITY hr1AP
elects to proceed-pursuant
to the,provisions of,Section K89`55'23'E
832Q et sel of the�Streets , —_ __ _
and Highways Code of the •o, 20' I
State of California;and
•
. WHEREAS,it is deemed to ` (!
be in the public interests
that the J
City Council initiates the
vacation.ofaaid,easement;, l
NOW, THEREFORE,--"6E- IT. o I
RESOLVED that.then CGt
J 1 '•i` S7�dh1•.lr�3r
t.
r Co_unuhh
f mYentidi to vacate.
aforesaid roadway ease-
ment.
BE IT FURTHER RESOLVED: J
That the 6th.Day of March; .. T-
2000, at 6_:45.-p:m, in C
Council Chamber;City Hall, —I" ( :�.; PARCEL`S 1
10300 Torre Avenue; PAM 3118/7
Cupertino,California;is the c.time and place fixed for p m 8�°685 '
hearing on the above pro '20.0 , c "
o L .. .31.41
posed vacation; �t
"That the aforesaid date is ;, p o°
not less than 15 days.from I S8g 54 30w,,�87�Z$ L 3A9
passage of thi resolution
pursuant to law;
That the City Clerk.shall I L
cause a certified copy, of
this resolution to be pub R ' ZQ.DO', _}
... r,
lished in the manner pre L a so•8o SIS s,A'30'E 127.15' °• m 09
scribed b law, and""shall'
cause certified copies to be, _ R 1�-3- 00'
}
30.
posted along,the,line of NSS'St'3od8 00' _ O tG'61 OZ 9.7
said property proposed Y 1ZAINB 170-00'00. .
.r .
be vacated at least i0 d' s . OW DRIVE
before the date of hearing _
and no more than 300 feet m
P.
ATV
apart with a,.minimum of 3 A �1�1� A A , DES
being posted:
PASSED AND ADOPTED-at --.
a regular meeting of the
City Council of the City of
oAENGINERING Gig�.Cupertino this 7h`d
JOB NO 99 9 IZ0
February, 1,000; by the
vote e�egtneering.planning. Surveying., DATE. JA1V 6,001 I
Vote Members of'the City ' 1475'SA�2ATO;A A° 'SU TE-l'9Q SCALE
Council' SAN J CALI ,� r
AYES: .Burnett, - Chang, JOSE _�'Q R1 DRArTd�NBY
lames,Loventhal,Statton - HONE( 08)2SS�Sbhl FAX 411X'l SS 56
-.NOES None ti _� s '
Absent:None a: g
'rn-< 1=;{Y4'.1-7•� k a',.'• `'. Aft� 41�:.' � �