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E-806 Vacating a Portion of Cordova Rd RESOLUTION NO. 15-027 ., 46 RECORDING REQUESTED BY - DOCUMENT: 22946552 Pages; 13 City of Cupertino 'ass. . . . * No Fees Taxes. . . Copies. . WHEN RECORDED MAIL TO AMT PA 1 D City Clerk's Office REGINA ALCOMENDRAS RDE # 026 City of Cupertino SANTA CLARA COUNTY RECORDER 5/08/2015 10300 Torre Avenue . Recorded at the request of 3: 16 PM City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 VACATING A PORTION OF CORDOVA ROAD CUPERTINO, CALIFORNIA RESOLUTION NO. 15-027 Original 0 For Fast Endorsement JL RESOLUTION NO. 15-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO VACATING A PORTION OF CORDOVA ROAD AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS,that portion of a City street at 10645, 10655, and 10665 Cordova Road and more particularly described in legal description and map attached hereto and made part hereof as Exhibits "A" and "B" for each of the three properties, is to be vacated to each adjacent property separately; and WHEREAS, THE City Council did, on 17th of March 2015, adopt a resolution of intention to vacate the aforementioned portion of street, 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, a new right-of-way dedication in fee title and a 10' public utility easement are to be dedicated and recorded concurrently, superseding the existing roadway easement being vacated; and WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the City Council finds, from all the evidence submitted, that the public street described in the notice of hearing is unnecessary for present or prospective purposes after conditions have been satisfied; and WHEREAS, it is deemed-to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby vacates the aforesaid portion of City roadway easement, as shown and described on the attached map and description, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cupertino that the City Clerk is hereby authorized, upon notification from the Director or Public Works that the developers of the abutting properties have met all precedent conditions, to record the executed original Resolution in the Office of the Recorder of the County of Santa Clara. Resolution Igo. 15-027 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of April, 2015,by the following vote: Vote: Members of the City Council AYES: Sinks, Chang, Paul, Vaidhyanathan and Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED- 01 PPROVED•0 Grace Schmidt, City Clerk Rod G. Sinks, Mayor, City of Cupertino w EXHIBIT "A" Legal Description of the Street Vacation of Cordova Road over Lot 1 as per ;l..Qr rl`���r�` LLA 11760522 0.R. Cupertino, California ;? All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a strip of land across the easterly portion of said parcel of land described as Lot 1, as shown on that Lot Line Adjustment which was recorded as Instrument Number 11760522, on February 3, 1993, in Santa Clara County Official Records, and being more particularly described as follows: Beginning at the most Northerly corner of said Lot 1, said point also being on the centerline of Cordova Road, thence, along the centerline of Cordova Road, and along the easterly boundary of said Lot 1, South 37038'07" East, 27.13 feet, (formerly shown as South 37052'00" East, 26.70 feet), to an angle point in the center line of Cordova Road and the easterly boundary of said Lot 1, as shown upon said Lot Line Adjustment; Thence, continuing along centerline of Cordova Road and the easterly boundary of said Lot 1, South 10041'55" East, 35.07 feet, (formerly shown as South 9049'00" East, 35.29 feet), to the southeast corner of said Lot 1, as shown upon said Lot Line Adjustment; Thence, leaving the centerline of Cordova road, and along the southerly boundary of said Lot 1, as shown upon said Lot Line Adjustment, South 71059'36" West, 20.16 feet, (formerly shown as South 72033'00" West), to a point on a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road; Thence, leaving the southerly boundary of said Lot 1 , northerly along the last mentioned parallel line, North 10041'55" West, 32.84 feet; Thence, northerly continuing along a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road, North 37038'07" West, 29.47 feet, to a point on the northerly boundary of said Lot 1, as shown upon said Lot Line Adjustment; Thence, along the northerly boundary of said Lot 1 , North 71059'36" East, (formerly shown as North 72033'00" East), 21.23 feet, to the POINT OF BEGINNING. Sheet 1 of 2 Sheets Sheet 2 of 2 Sheets Street Vacation over Lot 1 of Cordova Road Containing an area of 1,245 square feet, more or less. End of Description. Attached to this legal description, is a plat graphically showing this street vacation, which is hereby made a part hereof. Basis of Bearings: The Bearing of South 26°53'41"West, being the centerline of Cordova Road, as shown as found in the field, and as shown upon that certain Record of Survey which was filed for record in Book 764 of Maps, at Page 3, in Santa Clara County Records, as taken as the Basis of Bearings for this description. y Ln w� POINT OF w BEGINNING M. o S7422'06"W 118.41' S71*59'36"W 117.79' N 96.49' -21.2�N LA WLn 2�L CN cD c0 CP /f ii LOT i s W ) N �- 9' S71'5936"W 138.1 1�� 20.16' I h 564.46' W �� cr LOT 2 o 120.0o' o A 2 I 1 S7159'36"W 76.15' �- i 20.16' QD 1 pG.a7 f i) C6 N 556.4y,47:w / 7) N 1 N� �Ll 01W w LOT 3 / �� @' 01p rj 59/ q o LAN D N5126 A $�1���'rP�'e oca 6 a � SCALE. 1"--40' 12 1 N0. L7078 EXP. 12-31-16 O6 s�9 � ro OF CA11��4 g SCALE: 1"=40' PLAT TO ACCOMPANY Giuliani & Kull., nc. DATE: 1/15-15 LEGAL DESCRIPTION DRAWN: E.T. STREET VACATION 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. LOT 1 (11760522 O,R,) (408) 615-4000 Fox (4-08) 615-4004 JOB NO.: 14174_ EXHIBIT B Auburn ® San Jose • Oakdale SHEETS: 1 OF 1 _ CUPERTIN®, CALIFORNIA F1\2014\14174\dwg\14174PLAT.dwg 1/15/2015 12,01,44 PM PST EXHIBIT "A" V 70T8 Legal Description of the Street Vacation of Cordova Road over Lot 2 as per LLA 11760522 O.R. ` Cupertino, California All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a strip of land across the easterly portion of said parcel of land described as Lot 2, as shown on that Lot Line Adjustment which was recorded as Instrument Number 11760522, on February 3, 1993, in Santa Clara County Official Records, and being more particularly described as follows: Beginning at the most Northerly corner of said Lot 2, said point also being on the centerline of Cordova Road, thence, along the centerline of Cordova Road, and along the easterly boundary of said Lot 2, South 10041'55" East, 60.16 feet, (formerly shown as South 10041.'55" East, 60.53 feet), to the southeasterly corner of said Lot 2, as shown upon said Lot Line Adjustment; Thence, leaving the centerline of Cordova Road, and continuing along the southerly boundary of said Lot 2, as shown upon said Lot Line Adjustment, South 71059'36" West, 20.16 feet, (formerly shown as South 72033'00" West), to a point on a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road, Thence, northerly along the last mentioned parallel line, North 10041'55"West, 60.16 feet, to a point on the northerly boundary of said Lot 2, as shown upon said Lot Line Adjustment; Thence, along the northerly boundary of said Lot 2, North 71059'36" East, (formerly shown as North 72033'00" East), 20.16 feet, to the POINT OF BEGINNING. Containing an area of 1 ,203 square feet, more or less. End of Description. Attached to this legal description, is a plat graphically showing this street vacation, which is hereby made a part hereof. Sheet 1 of 2 Sheets Sheet 2 of 2 Sheets Street Vacation over Lot 2 of Cordova Road Basis of Bearings: The Bearing of South 26°53'41"West, being the centerline of Cordova Road, as shown as found in the field, and as shown upon that certain Record of Survey which was filed for record in Book 764 of Maps, at Page 3, in Santa Clara County Records, as taken as the Basis of Bearings for this description. N wJ c 0 S74 22'06"W 118.41' S71 59'36"W •79' 96.49' Z 21.23' N Ol ^j tJ W �p tC CA LA- Ln ri 20.00' 0 2 LOT 1 Z L� � p 2 rN�I M a m 138.19' S7159'36"W �� '20 16" „W 78.32' Lc7 � / -46135"W I ip/j"•✓i N ° f/J%�•� W II LOT 2 cr o LL �✓20.00';: a 00 41. S715936"W 76.15' , ' 20.16' ;? Q cn o ^i O ir1 N LLQ LOT 3 1 \ 59/ �.0 06 LAND g A. SCALE. 1"--40' 12��6 N0. L707B * EXP. 12-31-16 ,,36 / 5OF CAL1��4 r ' SCALE: 1"=40' PLAT TO ACCOMPANY Giuliani & Kull,Inc. DATE: 1/15-15 LEGAL DESCRIPTION "IMEW • DRAWN: E.T. STREET VACATION 4880 Stevens Creek Blvd. Suite 205 Son Jose, CA. 95129 CHECKED: M.H. LOT 2 (11760522 O.R.) (408) 615-4000 Fax (408) 615-4004 JOB NO.: 14174 EXHIBIT B Auburn San Jose 0 Oakdale I SHEETS: 1 OF 1 CUPERTINO, CALIFORNIA F:\2014\14174\dwg\14174PLAT.dwg 1/15/2015 12:01:44 PM PST EXHIBIT "A" � 1 B . Legal Description of � tx}D Street Vacation of Cordova Roadl rA over Lot 3 as per �� F CW�q �` LLA 11760522 O.R. Cupertino, California All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a strip of land across the easterly portion of the parcel of land described as Lot 3, as shown on that Lot Line Adjustment which was recorded as Instrument Number 11760522, on February 3, 1993, in Santa Clara County Official Records, and being more particularly described as follows: Beginning at the most northerly corner of said Lot 3, said point also being on the centerline of Cordova Road, thence, along the centerline of Cordova Road, and along the easterly boundary of said Lot 3, South 10°41'55" East, 29.22 feet, (formerly shown as South 09°49'00" East, 29.40 feet), to an angle point in both the centerline of Cordova Road and the easterly boundary of said Lot 3, as shown upon said Lot Line Adjustment; Thence, continuing along the'centerline of Cordova Road and the easterly boundary of said Lot 3, as shown upon said Lot Line Adjustment, South 26053'41" West, 117.15 feet, (formerly shown as South 27056'17" West, 118.92 feet), to an angle point in both the centerline of Cordova Road and the southeasterly boundary of said Lot 3, as shown upon said Lot Line Adjustment; Thence, along the southeasterly boundary of said Lot 3, as shown upon said Lot Line Adjustment, South 39011'06"West, 51 .26 feet, (formerly shown as South 39015'00"West, 50.40 feet), to the most southerly corner of said Lot 3, Thence, leaving the centerline of Cordova Road, and continuing along the southwesterly boundary of said Lot 3, as shown upon said Lot Line Adjustment, North 40050'00" West, (formerly shown as North 40035'50" West), 20.31 feet, to a point on a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road; Thence, leaving the southwesterly boundary of said Lot 3, and along the last mentioned parallel line, North 39011'06" East, 45.59 feet; Thence, northerly continuing along a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road, North 26°53'41" East, 108.19 feet, Sheet 1 of 2 Sheets Sheet 2 of 2 Sheets Street Vacation over Lot 3 of Cordova Road Thence, northerly continuing along a line parallel, and 20.00 feet distant, measured at a right angle, with the centerline of Cordova Road, North 10041'55" West, 19.85 feet to a point on the northerly boundary of said Lot 3; Thence, along the northerly boundary of said Lot 3, North 71 059'36" East, (formerly shown as North 72033'00" East), 20.16 feet, to the POINT OF BEGINNING. Containing an area of 3,713 square feet, more or less. End of Description. Attached to this legal description, is a plat graphically showing this street vacation, which is hereby made a part hereof. Basis of Bearings: The Bearing of South 26°53'41"West, being the centerline of Cordova Road, as shown as found in the field, and as shown upon that certain Record of Survey which was filed for record in Book 764 of Maps, at Page 3, in Santa Clara County Records, as taken as the Basis of Bearings for this description. uw w o� S74 22'06"W 118.41' S71 5936"W 117.79' 96.49'— w 21.23'N N J � 4 M O m 20.00' LOT 1 o S71'59'36"W 138.19' N— I 20.16' 4'46��W L7 2 S6 ) N N Q I ^ o U, LOT 2 o I h .moo � % z d• C5 L-0 20.00' I p� �- S71 59'36"W 76.15' POINT OF iq 20.16' BEGINNING � N 5584g'47/ 7) N 1 N 10 ` SMEET VACATION � �� �0, y AREA=3,7131 S.F. LOT 3 LA /'eV1. / � oO 9/ •o 5 �1�9/ A Hlsljo� NO � a � SCALE: 1"--40' k 16 N0. L7078 12 EXP. 12-31-16 06 9T p4� OF CALM iSCALE: 1"=40' PLAT TO ACCOMPANY Giuliani Kull,Ince DATE: 1/15-15 LEGAL DESCRIPTION ® o DRAWN: E.T. STREET VACATION 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. LOT 3 (11760522 O.R.) (408) 615-4000 Fax (408) 615-4004 JOB NO.: 14174 EXHIBIT B Auburn a San Jose a Oakdale SHEETS: 1 OF 1 CUPERTINO, CALIFORNIA Fi\2014\14174\dwg\14174PLAT.dwg 1/15/2015 12:01,44 PM PST VERIFICATION I have reviewed this Agreement and to the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 8th day of April, 2015, at Cupertino, California. ,ce.-I Andrea Sar ers Senior Office Asistant