E-906 Vacation of a Portion of McClellan Rd North of Madrid Rd...L293PAGE1135 10459976
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RESOLUTION NO. 8068 -
A RESCIUMCN OF THE cIM COUNCIL OF THE 'TTY OF : " ` J i Y
CUPERTiNO L r, ? '' I , c
ORDERING VACATION OF A PORTION OF 1DLEL,Im ROAD NOM OF NAZRIDr1'� F; D D R
ROAD AS PROVIDED IN SECTION 8320 ET SEQ. OF = SIRj= AND HI EE YS
CODE OF THE STATE OF CALIFa IA, RETADM4G IT AS PUBLIC UTIr Ty
EASE MEM, PUBLIC SERVICE EASEMEn, SANITARY SEWER EASE.*NFr, •O 9
AND PACIFIC BELL EASII�Fr
WHEREAS, hearing on Resolution of Intention No. 8048 was held March
19, 1990, at a regular meeting of the City Council at 10300 Torre Avenue,
Cupertino, California; and
WfE✓RFEAS, it appears that notice thereof was duly given as re`nzi�red by
law; and
WAS, from the evidence presented, both oral and d=m-entary, it
appears to be to the best interest of the City to vacate the hereinafter
described portion of a City street is unnecessary for present or
Prospective public street purposes, but is necessary to be retained as
public utility easement„ public service easement, sanitary sewer
easement, and Pacific Bell easement as follows:
EXCEPTIW' AND FROM PURSUANT TO niE PROVISIONS OF
Section 8340 of the Street and Highways Code and for the benefit of
Pacific Bell, the permanent easement and the riot at any time or from
time to time to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cable, wires, poles and other
convenient structures, equipment and fixtures for the operation of
telegraphic and telephone lines and other commuucations facilities,
including access and the right to keep the property free from
inflammable materials and wood growth, and otherwise protect the same
from all hazards, in, upon, over and across that portion of McClellan
Road or parts thereof.
WH�, existing streets are adequate to handle present and future
prujected traffic; and
WHERFAS, vacation is in conformance with the City's General Plan;
1. That all or any protests against the vacation of said portion of
City street be and hereby are overruled and denied.
2. That said portion of McClellan Road described and shcxm in
Exhibits "A" and "B" attached hereto and made part hereof, be and hereby
is vacated, but is retained as aforementioned easements.
THIS IS TO CERTIFY THP.T THE VVITWN
INSTRUMENT IS ATRUE AND CORRECT CAP'
OF THE ORIGINAL ON FILE IN THIS OFFICE
�/'�'� 2 I) 0
ATTEST
I
�� i ��� CITY C ER OF THE CITY OF CU/PIERTINO
I� F ! jjjj���!!ll���� BY
/^ , �� CITY CLEF K
L 293PlGE 1 136
RESOIU CN NO. 8068
BE IT FUR= RESOLVED that the City Clerk be and hereby is instructte1 and
directed to cause a certified coy 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 CoL=il of the
City of Cupertino this 19th day of March 1990, by the
following vote:
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABS=: None
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of Cupertino
L 2 9 3 ruG E 1137
I � 0 C', '- "" I E'S
N' LY LINE
OF LOT 2E
CD TO BE DEDICATED
FOR STREET PURPOSES
Q
356 -08 -028
LOT 26
o M MAP OF COLONY
TRACT MONTA VISTA"
BOOK P OF MAPS,
PAGE 21
N
OffCV
Z
W'L.Y LINE
OF LOT 26
ry0
o �
�����;tQ•. 654 Sq Ft., d
24.40
"EXHIBIT A"
W
u
WEST
`S'LY LINE
r• , r� OF LOT 26
PROPOSED 'ABANDMENT
OF
A PORTION OF
McCLELLAN. ROAD
CITY OF CUPERTINO, CALIFORNIA
Jennings -McDermott• Heiss, inc.
civil engineers and - land planners
SAN JOSE CALIFORNIA
"EXHIBIT..B" L293Pa6E1138
•� DESCRIPTION
e
BEING A PORTION OF MCCLELLAN ROAD AS SHOWN ON THAT CERTAIN MAY ENTITLED
"MAP OF COLONY TRACT MUNTA VISTA', WHICH WAS FILED FUR RECORD 1N THE-UFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA,''9TATE OF CALIFORNIA, ON
APRIL 11, 190, IN BOOK P OF MAPS, AT PAGE 21 AND BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 26; THENCE WEST ALONG THE
WESTERLY EXTENSION OF SAID LOT 26, 24.40 FEET TO A P01NT ON THE ROUTHEASTERLY
PLAN LINE OF McCLELLAN ROAD, 6U FEET WIDE, SAID POINT LYING ON A CURVE BEING
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 280.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13020'35" AN ARC LENGTH.OF 65.21
FEET TO THE ORIGINAL EASTERLY LINE OF McCLELLAN ROAD, 40 FEET WIDE, ALSO
BEING THE WESTERLY LINE OF SAID LOT 26; THENCE SOUTH ALONG SAID AFORE
MENTIONED WESTERLY LINE 60.31 FEE'!' TO THE POINT OF BEGINNING AND CONTAINING
APPROXIMATELY 654 $QUARE FEET.
J.M.H. #3093
JANUARY 1990
McCLELLAN ROAD ABANDONMENT
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