E-712 VACATION OF EMERGENCY VEHICLE ACCESS, PARCELS 2, 3, 22831 MERCEDES RD DOCUMENT: 15114834 Titles: l / Pages' 4
RECORDING REQUESTED BY
Fees. . . . No Fees
Taxes. . .
City of Cupertino
A0015114 ,?,4A Copies. .
WHEN RECORDED MAIL TO AMT PAID
BRENDA DAVIS RDE # 009
City Clerk's Office SANTA CLARA COUNTY RECORDER 1/07/2000
City of Cupertino Recorded at the request of 8:20 AM
10300 Torre Avenue City
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
RESOLUTION NO. 99-360
ORDERING VACATION OF AN EMERG',IENCY VEHICLE ACCESS EASEMENT
PARCELS 2 AND 39 22831 MERCEDES ROAD
WITHIN THE CITY OF CUPERTINO
yOriginal
r�n For Fast Endorsement
U
RE, SOLUTION NO. 99-360
r
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF CUPERTINO
ORDERING VACATION OF A EMERGET�fCY VEHICLE ACCESS EASEMENT WITHIN
THE CITY OF CUPERTINO PURSUANT TO SECTION 50430 ET SEQ. OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA,PARCELS 2 AND 3,
22831 MERCEDES ROAD
WHEREAS, hearing on Resolution of Intention No. 99-325 was held on December 6, 1999,
at a regular meeting of the City Council at 10300,Torre Avenue; Cupertino; and
WHEREAS, 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 be to the
best interest of the City to vacate the hereinafter described emergency vehicle access easement; that
said portion of said easement is unnecessary for present or prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacation of said emergency vehicle access easement
be and hereby are overruled and denied.
2. That that certain emergency vehicle access easement located on Parcels 2 and 3 at 22831
Mercedes Road, described as shown ;in Exhibits "A and "B" attached hereto and made
part hereof, be and hereby is vacated.
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed and directed
to cause a certified copy of this resolution, attest(,d to and sealed with the official seal of the City, to
be recorded with the County Recorder of the County of Santa Clara, California forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of December, 1999, by the following vote: ,
Vote Members of the City ouncil '
y THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT Copy
OF THE ORIGINAL ON FILE IN THIS'.OF6�ICL
AYES: Burnett, Chang, James, Lowenthal. Statton P
NOES: None A7 STATE, d- j0.0 `=� -
OW CLERIC OF THE CITY OF CUPER4lty®
ABSENT,: None `
ABSTAIN: None ®�
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
JEGiuliand & Kull , Inc .
Surveyors
Cupertino - Oakdale - Auburn
iAnIBIT A
Legal Description for Abandonment of Emergency vehicle Access Easement
All that certain real property located in the Ciry of Cupertino, County of Santa Clara, State of
California, Described as follows:
An Emergency Access Easement lying within Parcels 2 and 3, as described in that certain Parcel
Map recorded in Book 563, Page 3, Official Records, County of Santa Clara. Said Emergency
Access_Easement being more particularly described in that certain Deed recorded in Book L019,
Page 1544, Official Records, County of Santc-1 Clara.
and,
An emergency access easement lying within Parcel 3, as shown upon that certain Parcel Map
recorded in Book 563, Page 3, Official Records, County of Santa Clara.
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OF SHEET
City Hall
f � 10300 Torre Avenue
Cupertino,CA 95014-3255
CITY OF Telephone: (408)777-3223
CUPEkTINO Websi FAX: (408)777-33.66
_ te: www.cupertino.org
OFFICE OF THE CITY CLERK
MEMORANDUM
DATE: February 9, 2000
TO: Bert Viskovich, Director of Public Works
FROM: Marie Preston, Administrative Cle ,�„/%�(• f ,
SUBJECT: POSTING OF RESOLUTION NO. 00=055
Please have Kevin Rieden post the attached Resolution No. 00-055 and return signed memo to this
department.
Attached are three (3) certified copies of the resolution, which are to be posted no later than Tuesday,
February 22, 2000.
Thank you.
Posted by:
Date:
Printed on Recycled Paper
RESOLUTION NO. 00-055
A RESOLUTION OF THE CITY COUN(I'_"IL OF THE CITY OF CUPERTINO
DECLARING ITS INTENTION TO ORDER VACATION OF A ROADWAY
EASEMENT WITHIN THE CITY OF CUPER.TINO 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 intera.st 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 yi.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 hosted 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
THIS IS TO CER".'t ":'T 'A -THE WITHIN
AYES: Burnett, Chang, James, Lowenthal, Statton OF THE ORIGINAL ON FILE IN THIS OFFICE.PY
NOES: None
ABSENT: None ATTEST.(DATE
)�—
CITY C ERK OF THE CITY OF C ERTlNO
ABSTAIN: None BY -c
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
-CIOConsulting Engineering • Planning
Surveying Land Development
ENGINEERING
LEGAL DESCRIP"I'10N
FOR
PUBLIC STRE.11"TVIA CATION
ALL 'rm'r cER*rAIN REAL PROPERTY SJ'I'Uj�'TE IN THE CITY OF CUPERTINO,
COUNTY' L
OF SANTA CLARA, STATE OF CAIFORNIA, AND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST S01fil f EASTERLY CORNER OF PARCEL I AS
SHOW ' ON SAID PARCEL MAP RECORDED ON AILY 213, 1999 IN 1300K 718 OF
MAPS, AT TIAOF 7., SANTA CLAR,1 COUNTY RF(,'(")KDS SAID POINT OF
BFG1N*N I N(� ALSO LIES AT THE' �'X I-STING RIGHT-OF-WAY L11,4E OF
RAINBOW DRIVk,, TIIE CL; FROM SAID P(.)D['F ()F BEGINNING, AND
RUNNING ALONG TTIF TO(MT-OF-WAY LINE, OF RAINBOW DRIVE S89
541301"W, A WSTANCE OF 87.23 FEET; THEN("P.THROUGH A CURVE TO THE
RIGHT HAVING A RADIUS OF 20.00 F •ET., A CENTRAL ANGLE OF 89 58'51"1
ANT) AN AR(' I.I:-N(.','I*H OF 31.41 FEET, TITENC'E.R{TN"NINCIONA LNE TT.-TAT TS
THE PROLONCiATION OF THE RIG11T-(')j-*_WAY OF WEYMOUTH DRIVE
S 00 0.4'21" E A D'rSS"1`AN(,'F_.' O1-' 1916 FEET; THE--,NCF RUNNING THROUGH A
CURVE TO THE LEFTHAVING A RAr)'TfjS0F* 20.00 FEET: A CENTRAL ANGLE
OF 88 13'16", AND AN ARC LENGTH Or. 30.80 FEET; THENCE THROUGH A
CURVE TO THE LEFT HAVING A fW)ILJ.S OF1.70.00 FEET, A CENTRAL ANGLE
OF 16 5 1'02 11, AND AN ARC I X.%*N("'I*H OF 50.00 FEET; THENCE THROUGHT A
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CURVE TOTHE RIGHT HAVING A RADIUS (X` 230.00 FEET, A CENTRAL
ANGLE ()F 09 54'1811 AND AN ARC LENGTH OF 39.76 FEET; THENCE
N-0005'08" F3.89FE'L-*'I''1*0 '1*1.IL., POINT OFBF,(-ITNNTNCi.
CONTAININC, 1535 SQL)ARE '1-_EET MORE OR LESS.
1475 Saratoga Ave.. Suite 240 • San Jose, CA 95129 (408) 255-5661 Fax (408) 255-5662
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IBIT TO ACCaMPANY LEGAL
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DESCROTION-
NA ENGINEERING CO. Jos No.: 1999-120
engineering. planning. surveying. DATE: JAN. 6. 00
1475 SARATOGA AVE., SUITE 190 SCALE: 1"= '
SAN JOSE CALIFORNIA DRAWN BK L S.N.
PHONE(408)255-5661 FAX(4118)255-5662 CHECKED BY: j.I N,.