E-718 VACATION OF A ROADWAY EASEMENT, TRACT 9335-WALLIN CT, Resos 01-183 and 01-225 i
City Hall,
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone:-(408)777-3223
CITY OF FAX: (408)777-3366
CUPEkTINO gi-ace;@cupertiiio.org
OFFICE OF THE CITY CLERK
MEMORANDUM
DATE: August 21, 2001
TO: Ralph Qualls, Director of Public Works
FROM: Grace Johnson, Deputy City Cler-1<:
SUBJECT: POSTING OF VACATION RESOLUTION NOS. 01-183 AND 01-184
Please have Kevin Rieden post the attached Resolution Nos. 01-183 and 01-184 and return signed
memo to this department.
Attached are three (3) certified copies of the resolutions, which are to be posted no later than Friday,
August 24, 2001.
Thank you.
r
Posted by:
r
Date: U/
Printed on Recycled Paper
RESOLUTION NO. 01-183
A RESOLUTION OF THE CITY COUJ�'CIL 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; TRACT 9335--WALLIN COURT
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 8320 et seq. of the Streets
and Highways Code of the State of California, Code of the State of California; and
WHEREAS, it is in the public interests 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 September, 2001 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.
PASSED AND ADOPTED at a regular meeting; of the City Council of the City of Cupertino this 20th
day of August 2001,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/ Sandra James
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 01-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A ROADWAY EASEMENT WITHIN THE CITY OF
CUPERTINO PURSUANT TO SECTION 8320 ],-�T SEQ. OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA; TRACT 9335--WALLIN COURT
WHEREAS, hearing on Resolution of Intention No. 01-183 was held on September 17, 2001, at a
regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California;
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 in the best
interest of the City to vacate the hereinafter described portion of roadway easement; that said portion of
said easement is unnecessary for present and prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED:
1. That any and all protests of the vacation of said portion of roadway easement be and
hereby are overruled and denied.
2. That that certain portion of roadway easement described and 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, attested 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
15th day of October, 2001,by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/ Sandra.James
City Clerk Mayor, City of Cupertino
Grace Johnson
0
From: Grace Johnson
Sent: Wednesday, August 29, 2001 3:00 PM
To: Cupertino Courier(E-mail)
Subject: Wallin Reso Notice; Publish 9/5/01 (faxed pages will follow)
Importance: High
RESOLUTION NO. 01-183
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; TRACT 9335--`JVALLIN COURT
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 8320 et seq. of the Streets and Highways
Code of the State of California, Code of the State of California; and
WHEREAS, it is in the public interests 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 September, 2001 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of August
20015 by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/ Sandra Tames
City Clerk Mayor, City of Cupertino
City of Cupertino
(Publish 9/5/01)
l
Ar
Ar-
SCALE 1"=20'
-P. I B. -
V�I A
I ' N CT
L WALL
1 - -
-� -
1.9"001 N 3 58 21 W
u � �r
N 3 58 27. w
R.=S i. 7.51 �
6: No 02' 31 �r ,,
R=42 L=11.57
d- 15�47'o7r`
NB9a5�1�'2 «E ,
R= 20' L= 22 64r
a=64 05l' 2i
' i N0°00`..58" W
Z o T P.U.B.--"
X44. 35 i S. F. .
cc Z
0
1
.1 1 rrr
3!31!05
KIRKEBY ENGINEERING PLAT TO ACCOMPANY DESCRIPTION SCALE: iN- 20'
3249 STEVENS CREEK BLVD.SUITE 101 DATE:AUG.912001
SAN JOSE, CA 95117 (408) 984-0331 STREET ABANDONMENT JOB N0. 20 03
,.- 3
LEGAL DELS(CRIPTION
STREET ABANDONMENT
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California described as follows:
Beginning at the intersection of the center lines of Milky Way and Orion Lane as shown
on that certain Map entitled, "Tract No. 933:5", filed for record in Book 740 of Maps at
pages 54 and 55, Santa Clara County Records:; thence along the said center line of Orion
Lane N 89°59'02"E 60.62 feet; thence leaviu-ig said center line N 0°00'58" W 30.00 feet
to the northerly line of Orion Land and the southerly line of Lot 4 as shown on said Map
to the TRUE POINT OF BEGINNING; thencle along the prolongation of the said
northerly line of Orion Lane S 89°59'02" W 18.26 feet; thence along a tangent curve to
the right thru a central angle of 86°02'31" with a radius of 5.00 feet for an arc length of
7.5.1 feet; thence northerly along the southerly prolongation of the easterly line of Wallin
Court as shown on said Map N 3°58'27" W )[6.55 feet, said point being on the westerly
line of said Lot 4;thence leaving said easterly line of Wallin Court and the said westerly
line of Lot 4 along a curve to the right from EL tangent which bears S 25°09'32" E thru a
central angle of 15°47'07" with.a radius of 4:2.00 feet for an are length of 11.57 feet;
thence along a reverse curve to the left thru a.central angle of 64°51'26"with a radius of
20.00 feet for an arc length of 22.64 feet to the TRUE POINT OF BEGINNING.
Said parcel of land containing 144.351 square feet, more or less.
Q0 S
O
Marvin D. Kirkeby
R.C.E.1�1'o. 14001 y -� z
Expires 3131/2005 W 0.14001
Exp. 3131/05
sq�F CIVIL
OF C
�r
la- a