Marathon Dr. (TR 3906/4185)
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RESOLUTION NO.
BEING A RESOLUTION AND ORDER OF THE CITY
COUNCIL OF THE CITY OF CM4PBELL OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
VACATING CERTAIN PUBLIC SERVICE EASEMENTS
WITHIN TRACT NO. 3906 AND TRACT NO. 4185
SITUATE WITHIN SAID CITY.
WHEREAS, the City Council of the City of Campbell, County
of Santa Clara, state of California, pursuant to the provisions
of the Public Service Easement Vacation Law of the State of
California, namely, Title 5, Division 1, Part 1, Chapter 2,
Article 5, Section 50430, et sequens, of the Government Code
of the State of California, did heretofore on the 8th day of
May , 19 67 , pass and adopted its Ordinance
No. 598 , being an Ordinance of Intention to vacate certain
public service easements situate within said subdivisions; and
WHEREAS, this 12th day ni= June , 1967, at
the hour of 8 ~ 00 0 I clock_ P~, in the City Council
Chambers in the City Hall, 75 Nor~h Central Avenue, Campbell,
California, is the time and th~ place fixed for hearing all
persons interested in or having obj ecti.ons to said proposed
vacation: and
WHEREAS, at said hearing evidence was presented by persons
interested in said proposed vacation, and no persons appeared in
objection thereto; and
WHEREAS, said City Council does find, determine, and affirm
from the evidence submitted to it that those certain public
service easements described upon said Ordinance of Intention is
unnecessary for present or prospective public uses; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Campbell that those certain public service easements
hereinafter described be, and they are hereby ordered vacated,
abandoned, and closed from public uses, and that those certain
public service easements hereinabove referred to are situate
within the City of Campbell, County of Santa Clara, State of
California, and more particularly described as follows:
Those certain public service easements situate within
Tract No. 3906, Westmont Estates Unit 1, the map of which
Tract No. 3906 was recorded June 2, 1966, and filed in Book
210 of Maps, at Page 36, in the office of the County Recorder,
County of Santa Clara, State of California, described as
follows:
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PARCEL ONE:
That certain public service easement, two (2) feet in width,
contiguous to the easterly line of Lot 24 and within said
Lot 24.
PARCEL TWO:
Those certain public service easements, two (2) feet in
width, contiguous to the common boundary line of Lots 20 and
21 and situate within said Lots 20 and 21.
Those certain public service easements situate '"ithin
Tract No. 4185, Westmont Estates Unit 2, the map of which
Tract No. 4l85,was recorded June 2, 1966, and filed in
Book 210 of Maps, at Pages 38 and 39, in the office of said
County R9corder, described as follows:
PARCEL THREE:
Those certain public service easements, two (2) feet in
width, contiguous to the common boundary line of Lots 55 and
56 and situate within said Lots 55 and 56.
PARCEL FOUR:
Those certain public service easements, two (2) feetin
width, contiguous to the common boundary line of Lots 59 and
60 and situate within said Lots 59 and 60.
PARCEL FIVE:
That certain public service easement, four (4) feet in width,
contiguous to the northerly line of Lot 64 and with said Lot 64.
PASSED AND ADOPTED this
by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
day of
, 19
APPROVED:
l-1ayor
ATTEST:
City Clerk
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AFFIDAVIT OF POSTING
NOTICE OF PUBLIC SERVICE EASm-n;NTS
VACATION
#4)...57
state of California )
) ss.
County of Santa Clara )
I, WILLIAM GQ WREN, being first duly sworn, deposes and
says:
That I am a citizen of the United States of America and
am over twenty-one years of age:
That for and on behalf of the City Clerk of the City of
Campbell I posted Notice of Public Service Easement Vacation,
pursuant to Ordinance No. 598 , being an Ordinance of
Intention to vacate, passed upon and adopted on the 8th day
of May _, 19 67 , by the City Council of
said City of Campbell;
That said Notices of Public Service Easement Vacation were
posted along the lines of the easements where such are
proposed to be vacated at not more than three hundred (300)
feet and that not less than three (3) such notices were
posted for each separate easement, and that said posting was
fully completed on the 26 day of May , 19~,
and that a copy of said notice is hereto attached, and by
reference made a part hereof.
Subscr ibed and sworn
to before me this .2t?
day, of 7J2-.tji.
19~.
(~(~(/.J ~ ~A1A~
Notary Public in and for
the County of Santa Clara,
State of California.
My Commission expires
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~'~:n:niss;on Expires OctoLcr 1. 1967
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NOTICE OF PUBLIC SERVICE h~ f
EASEMENT VACATION
NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 598 ,
being an Ordinance of Intention to vacate, abandon, and close
to public uses those certain public service easements situate
within Tract No. 3906, Wes~ont Estates Unit 1, and those
certain public service easements situate within Tract No. 4185,
westmont Estates Unit 2, public service easements situate in
the City of Campbell, County of Santa Clara, State of California,
passed upon and adopted on the 8th day of May ,1967,
by the City Council of the City of campbell, the 12th day of
June ,1967, at the hour of 8:00 o'clock P.M.
of said day, at the City Council Chambers in the City Hall,
75 North Central Avenue, Campbell, California, have been set
as the ttme and the place for hearing all persons interested
in said vacation or having objections thereto.
Reference is hereby made to the description, together with the
map thereof, which is on file in the office of the City Clerk
of the City of Campbell at City Hall for further particulars.
The following are the descriptions of those certain public
service easements Which are proposed to be vacated:
Those certain public service easements situate within
Tract No. 3906, westmont Estates Unit 1, the map of which
Tract No. 3906 was recorded June 2. 1966, and filed in Book
210 of Maps, at Page 36, in the office of the County Recorder,
County of Santa Clara, state of California, described as follows:
PARCEL ONE:
That certain publiC service easement, two (2) feet in width,
contiguous to the easterly line of Lot 24 and within said Lot 24.
PARCEL TWO:
Those certain public service easements, two (2) feet in
width, contiguous to the common boundary line of Lots 20 and
21 and situate within said Lots 20 and 21.
Those certain public service easements situate within
Tract No. 4185, westmont Estates unit 2, the map of which
Tract No. 4185 was recorded June 2, 1966, and filed in Book 210
of Maps, at pages 38 and 39, in the office of said County
Recorder, described as follows:
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PARCEL THREE:
Those certain public service easements, two (2) feet in
width, contiguous to the common boundary line of Lots 55 and
56 and situate within said Lots 55 and 56.
PARCEL FOUR~
Those certain public service easements, t'Y'O (2) fee'l: in
width, contiguous to the common bound:lry line of Lots 59 and
60 and situate within said Lots 59 and 60.
PARCEL FIVE:
That certain public service easement, four (4) feet in
width, contiguous to the northerly line of Lot 64 and with said
Lot 64.
Dated: May 26, 1967
CITY COlJNCIL
CITY OF C~~BELL
by Dorothy Trevethan, City Clerk
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ORDIDNCB HO.---,;;:.r
BaING AN OR1)INANCB OF INTENTION OF THE
.-e.ITY COUNCIL 01' '1'HB Cl'l'Y OP CAMPBELL
To VACATE TB)SB CBRTAIN PUBLIC SBRVICE
EASDlEm.'S SI'lUA'R WITHIN TRACT NO. 3906
AND TRACT NO. 4la5~ HBUINAFTBR DESCRIBED,
LYING WITHIN 'l'HB CITY OP CAMPBELL, A
MUNICIPAL CORPORATION OF THE STATE OF
CALIPORNIA, AND SBTTING A TIME AND A
PLACE OF THE BlARING THBRBON AND
GIVING NO'J.'ICB THEREOF.
WHEREAS. the City of campbell, a municipal corporation of 'the
state of California, did, by v1rtueof that certain map of
Tract Ho. 3906. Westmont Estatea Unit 1, recorded June 2, 1966,
in Book 210 of Maps, at Page 36, in the office of the County
Recorder of the County of Banta Clara. State of California, and
that certain map of Tract No. 4185, Weetmont Estates Unit 2,
recorded JUne 2, 1966, in Book 210 of Maps, at Pages 38 and 39,
in the office of the County Recorder of the County of santa
Clara, state of California, acquire those certain public service
easeJDents, a description of whichi together with a map thereof,
is on file in the office of the City Clerk of 8aid City of
CUlpbell, at City Hall, 75 North Central Avenue, Campbell, Calif-
ornia; and
WHBRBAS, 8aid City Council does find, determine, and affirm
that saiel public service eas..nts or any parts thereof have
not been used for 'the purpose for which they were dedicated; and
WHBRBAS, said City Council does find, determine, and aff1rm,_~
that the period cluring which aiel publiC service easements or any
parts thereof have not been usea 18 that certain per ioO frail .~::"
June 2, 1966, to May 8, 1967 , inclu8ive; and .
WHBRBAS, saia City Council does find, c1etermine, and affirm
that said public service easements or any parts thereof are not
necessary for anYpIE"esent or prospective public uses; and
WHEREAS, said City Council does hereby elect to proceed in
accordance with the provisions of the Public Service Easement
Vacation law of the State of california, namely, Title 5, Division
1, Part 1, Chapter 2, Article 5, section 50430. et sequens of the
Government Code of the state of California;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL
DOES ORDAIN AS FOLLOWS:
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SECTION ONE:
SIC'l'ION TWO:
That it is the intention of ~e City Council
of the City of campDell to vacate, abandon"
and close to public use those certain public
service easements, a description of which,
together with a map thereof, is on file in the
office of the City Clerk of the City o~ Camp-
bell, *t City Hall, 75 North Central AVenue,
Campbell, California.
Notice is hereby given that on Monday
the 12th of June , 1967, at
the hour of 8: 00 0' clock PM of said
day, in the City Council Chambers in the City
Hall, 7S North Central Avenue, campbell.
California, is herebyfixec1 as the time and
the place for hearing all persons interested
in or having objecti.ons to the proposed vacatJa1.
,
SECTION THREE: IT IS HEREBY ORDERED AND DIRECTED that a
copy of this Ordinance be forthwith published
t.wice, once each week for two successive weeks,
Which latter publication shall be made not
less than fifteen (15) day. prior to the elate
of the hearing, in the Campbell Press, a
newspaper of general circulation, printed and
published in aaid City of Campbell, and that
notices of the pUblic service easements'
vacation be posted conspicuously along the
line of the easements or parts thereof
proposed to be vacated at least fifteen (15)
days prior to the date set for the hearing.
said notice shall be posted not more than
three hundred (300) feet apart, but at least
three (3) such notices shall be posted for
each separate easement. Said notices shall
sta te the passaqe of this ordinance of
Intention and notify of the tilDe, date, and
place of the hearing on the proposed vacation.
SECTION FOUR: That the following is the description of the
public service easement Which is proposed to
be vacated:
Those certain public service easements situa~e
within Tract No. 3906, westmont Estates Unit 1, the map of
which Tract No. 3906 was recorded June 2, 1966, and filed
in Book 210 of Maps, at Page 36, in the office of the
County Recorder, County of Santa Clara, state of California,
described as follows:
PARCEL ONE:
That. cert.ain public service easement, two (2) feet in width,
contiguous to the eaaterly line of Lot. 24 and within said
Lot 24.
2 of 3
PARCBL TWO:
Those certain public service easements, two (2) feet in
width, contiguous to the common boundary line of Lots 20
and 21 and situate within ea1d Lots 20 and 21.
Those certain public service easements situate within
Tract No. 4185, Wrastmont Estates Unit 2, the map of which
Tract No. 4185 was recorded June 2, 1966, and filed in
Book 210 of Maps, at Pages 38 and 39, in the office of
said County Recorder, described as follows:
PARCEL THREE:
Those certain public service easements, two (2) feet in
width, contiguous to the CClIlIftOn boundary line of Lots
55 and S6 and situate within said Lots S5 and S6.
PARCEL FOUR:
Those certain publiC service easements, two (2) feet in
width, contiguous to the CORDon boundary line of Lots 59
and 60 and situate within said Lots 59 and 60.
PARCEL FIVE:
That certa1n publiC serv1ce easement, four (4) feet in
width, contiguous to the norther ly line of Lot 64 and
situate within said Lot 64.
PASSED AND ADOPTED this 8th day of May, 1967, by the
following vote:
AYES:
NOES:
ABSENT:
Councilmen:
Councilmen:
Councilmen:
Doetsch, Hyde, Rose, Smeed, Rogers
None
None
APPROVED:
ATTEST:
Edward J. Rogers, Mayor
Dorothy Trevethan, City Clerk
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PACIFIC GAS AND ELECTRIC COMPANY
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86 SOUTH THIRD STREET. SAN JOSE, CALIFORNIA 95114 . TELEPHONE 298-3333
March 1, 1967
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The Honorable City Council
City of Campbell
City Hall
Campbell, California
Attention: City Engineer's Office
Abandonments in Tracts No.
3906 and 4185 - File 640
Gentlemen:
This Company has no objections to the abandonment of the two foot
public service easements in lots 20, 21 and 24 of Tract No. 3906
and in lots 55, 56, 59 and 60 of Tract No. 4185.
This abandonment was requested by Mr. William E. Heiss of J ennings-
McDermott & Heiss, 601 North First Street, San Jose, California
zip code 95112.
Any questions or correspondence should be directed to ~~. Jason
Walker of our San Jose Division Land Department at 20065 Stevens
Creek Boulevard, Cupertino, California 95014, 253-2010, e.x:t. 29.
~dI
S. E. Howatt
District Manager
cc : W. E. Heiss
61-9671
COpy FOR MR. WH. G. w...,N
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THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
SOUTH BAY DIVISION
.
855 LENZEN AVENUE. SAN JOSE, CALIFORNIA 95126
AREA CODE 408
288-9000
E C. ELWOOD
DIVISION PLANT MANAGER
rebruary 23, 1967
Miss Dorothy Trevethan
City Clerk
City Hall
Campbell, California
Dear Madam:
At the request of .Jennings-McDermott & Heiss, Civil Engineers,
601 North Fir.t Street, San Jose, California 95112, this ("Dmpany hereby consents
to the abandonment of the following described pubHc service easements located
on Lot. 20, 21 and 24, Traet No. 3906, Weltmont Eltates, Unit 1, Campbell,
California, and Lots 55, 56, 59 and 60, Tract No. 4185, Westmont Estates,
Unit 2, Campbell, California.
a. AU of that certain 4 foot P.S.I. lying equally on each side of
the COll'I1lIOn boundary line COIlltlOn to said Lots 20 and 21 of said
Tract and extending from the southerly boundary line of Gale
Drive southerly 95 feet to the northerly line of that certain
5 foot P.8.E. lying northerly of and eontiguous to the southerly
boundary line of said Lots.
b. All of that certain 2 foot P.S .E. lying westerly of and contiguous
to the easterly boundary line of said Lot 24 of said Traet and
extending from the southerly boundary line of Gale Drive southerly
95 feet to the north line of that certain 5 foot P.S.I. which ltes
northerly of and contiguous to the southerly boundary line of said
Lot.
e. All of those certain 4 foot P.S.E'. lying equally on eaeh side of
the cOUlllOn boundary Hnes COl1IDOn to said Lots 55 and 56 and 59 and
60 of said Tract and extending from the southerly boundary line
of Gale Drive southerly 95 feet to the north Hne of that certain
5 foot P.8.1. which lies northerly of and contiguous to the
southerly boundary lines of said Lots.
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Said easements to be abandoned are not neces8ary, u8eful or occupied
by telephone facilities.
If further information il desired, please direct correspondence to
Mr. E. R. Church, Right of Way Supervisor, 1190 Coleman Avenue, Room 154,
San JOle, California 95110.
Yours truly,
f~' )C)I>
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~V TO: City Council
q~1..,l~C. CS~
Date: 9/20/66
FROM: Planning Commission
Recommended conditions of approval of tentative resubdivision
of Lots 19 through 24, Tract #3906, and Lots 55 through 64 of
Tract #4189, as imposed by Planning Commission at the regular
meeting September 19, 1966.
1. Utilities are to be placed underground.
(Sec. 9110.6, Campbell Municipal Code)
2. Street lighting system to be redesigned to conform
to standard illumination for new zoning.
3. Electrolier energy costs to be recomputed for new design.
4. Improvement plans for Tract No. 3906 and Tract No. 4185
to be revised to show underground utilities and new street
lighting design.
5. Existing public utility easements adjacent to Lots 20 and 21,
Tract 3906; adjacent to Lots 55 and 56, 59 and 60 of Tract
No. 4185 to be abandoned. Subdivider to pay for all cost
necessary to accomplish abandonment.
6. Subdivider to pay all costs of reapportionment of
existing assessments, if any.
7. Cost of removal of existing electrolier bases to DC borne
by subdivider.
CITY OF CAMPBELL, CALIFORXiA
PLANNING COMMISSION
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R. V". IIogan,/ccretary
Ratified by
City Council
9/26/66
CITY COUNCIL, CITY OF CAMPBELL
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-:"CT""\
RECEIPT
CITY OF CAMPBELL
CAMPBELL. CALIFORNIA
CAL PAC BUILDERS, INC.
NAME 1142 WINCHhSlbK BLVD.
SAN JOSE, CALIF.
ADDRESS
FOR TRACT NOS. 3906 & 4185
~ap Filing Fee (361-A)
~eappor~loning of (390-G)
Assmt. L.I.D. 13 Tr. 3096
Process vaca~lon of
Existing Easements
Yr. 3906 & 4185 (39U-u)
$64.00
390.00
500.00
$954.00
REVENUE ACCOUNT NO.
FUND NUMBER
DATE
AMOUNT
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
MY -If-67 101 ****9511.00
MY -If-67 90 001 G "*890.00
MY -If-67 61 001 A "**6.,.00
:IIiff/d
q CHECK
o MONEY ORDER
o CASH
No. 442 0
Thank You
CITY OF CAMPBELL
!!t~ con ccm
BY
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