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CC Resolution No. 9245 RESOLUTION NO. 9245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER V ACA TION 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: I. 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. I 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: ~ AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Koppel, Sorensen, Dean None None None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk 2 EXHIBIT A DESCRIPTION OF THE ABANDONMENT OF A PORTION OF: THE NORTHERLY SIDE OF STEVENS CREEK BOULEVARD NORTHERLY OF JANICE AVENUE CITY OF CUPERTINO, CALIFORNIA - - - - - - - - - - - - - - - - - - - - - - - - - - All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being a portion of Stevens Creek Boulevard as said roadway existed on or prior to August IS, 1994, and being a portion of Lot 34 of "MAP OF INSPIRATION HEIGHTS, MONTA VISTA", filed for record in Book "P" of Maps at Page 18, Santa Clara County Records, more particularly described as follows: Beginning at a point on the Southerly line of Sylvan Way (now abandoned) as shown upon said Map at the dividing line between Lots 22 and 23 of said Map; thence along said South- erly line of Sylvan Way N89°51'35"W 78.11 feet; thence leaving said line S79°23'W 12.53 feet; thence along a line which is parallel with the monument line of Stevens Creek Boulevard, as shown upon Record of Survey filed in Book 469 of Maps at Page 55, Santa Clara County Records, and distant therefrom 42.00 feet, right angle measure, S89°51'35"E 90.42 feet to the intersection thereof with the Southerly extension of the dividing line between Lots 22 and 23 above referred to; thence along said line NooOl'W 2.34 feet to the point of beginning. Containing 197 square feet, more or less. Refer to EXHIBIT B, PLAT, which is hereby made a part of this description. Date: August 16, 1994 Prepared by: E.J. Hahamian, RCE 13,318 Expires: March 31, 1997 EXHIBIT 8 PLA T OF PROPQSéP PUBLIC ROADWAY AðAAlOONMéNT O~ A pORTlðNOÇ Tflé NORTHERLY SlOE o,c: STEVENS CREEK BLVD. c ITY O~ CUPERTltoJO, C AU t='ORt..l I A DATE': AUGUST 16" 994. 5CALE: I~ 30' ..... , ..- . -. r I I I I I I ~ I ~ _1..__ _ ___ _ __ _ _ _ _ __ ~ o , ~ ;::.. ;:. ...... .... :.~... -:i c ----- 'vJ S 1<3°t·~\'Z.53 "'9·SI'~'w 7,!" ç - ;~·51'.35"E 9Q42 ~ ~ t1\ 1:, ~ 1 ä .1/'1<0 ," -' ~ ~~ o ~ o 111 N ..,: ~ '<t ~ I ~""Ö 1111 · I" 0 -t"2: I Ñ 89°.5\'.3,S"W t MOnLineuper" ~O.S.469M55 -- STEVENS CRE.EI< BLVD. (Farmerl'j Perman-cntc. ~d,) 12.74 -- ~I\Ù Z~> .... _, . A' ~ i Þ>t. ,u,(.·..'-!l$$O ..,...." _ ~. ..,- "OJ.J "'_ " .. ..X ,!.of t. .' .~:t ..7'"';'''; ... E)(.is1in'3 rï':lnt of WCL'; line' per" il8~ O. R. /37 '\.. '\. "\. " Proposed (i<3htofwQ.~ pe.... RO.s. 4~S Maps P.SS Är'eC1. to b~ AbQndoned Cl.no to be retained as CL 'PI-Lblic. Service E"Clseme.n t-.