Council Reports/ResolutionsMEMORANDUM
CITY OF CAMPBELL
To:
From:
Subject:
Chuck Gomez Date: October 10, 1994
Pu~Works Department
Ja~-He~sley
Ci~ Clerk's Office
Vacation of Excess Right-of-Way East Side of Abbott Avenue, 500' South
of Hacienda Avenue
At its regular meeting of October 4, 1994, the City Council adopted
Resolution No. 8733 summarily vacating excess street right-of-way,
East side of Abbott Avenue, 500' South of Hacienda Avevnue. Please
find certified copy of this Resolution attached for your records.
This office understands that you will be following up on this vacation
with the households involved. To further this~ I have made further
copies (8) of the Resolution for distribution to the applicable households.
Would you please ensure that this office receives a copy of the letters
you send to the households involved in the vacation.
IIE C J 1¥'E D
00T10 1 J4
PU~ILIC
ADMINISTRATIOi~
RESOLUTION NO. 8733
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL SUMMARILY
VACATING EXCESS STREET RIGHT-OF-WAY
WHEREAS, pursuant to the San Tomas Neighborhood Plan adopted by the City Council
on December 16, 1993, excess right-of-way exists on the east side of Abbott Avenue south from
Hacienda Avenue; and
WHEREAS, property owners adjacent to this subject excess right-of-way, namely:
Alan D. Ahlstrand and Mary K. Donahue, husband and wife as communit~ property (1441
Juanita Way); and Kenneth L. Campbell and Hazel A. Campbell, husband and wife, as joint
tenants (1440 Juanita Way); and David Duwayne Dickson and Margo M. Dickson, husband and
wife; and John Duwayne Dickson and Lois M. Dickson, husband and wife, all as joint tenants
(1430 Abbott Avenue); and Hank J. Kearns, Sr., and Susan A. Kearns, husband and wife, as
joint tenants (1350 Abbott Avenue); and Michael L. Henry and Georgia A. Henry, husband and
wife, as joint tenants (1462 Hacienda Avenue); and Kenneth L. Campbell and Hazel A.
Campbell, husband and wife, as joint tenants (1440 Juanita Way), have requested that the City
vacate the right-of-way and grant it to them; and
WHEREAS, this vacation is made pursuant to Chapter 4 Summary Vacation of Part 3
of Division 9 of the California Streets and Highway Code; and
and
WHEREAS, the properties to be vacated are described on the attached legal description;
WHEREAS, the properties to be vacated constitute excess right-of-way not required for
street or highway purposes; and
WHEREAS, from and after the date that this resolution is recorded, the street portion
or portion thereof no longer constitute a public street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby vacates excess right-of-way on Abbott Avenue, grants the excess right-of-way to the five
adjacent property owners, and authorizes the City Clerk to record this resolution and Grant
Deeds with the required legal documents with the County Recorder's Office.
BE IT FURTHER RESOLVED that the City of Campbell hereby reserves unto itself a
public service easement upon that certain five feet wide strip of land, the westerly line of which
is a line parallel with and 20.00 feet easterly, perpendicularly and/or radially, from the
centerline of said Abbott Avenue.
PASSED AND ADOPTED THIS 4th
following roll call vote:
day of October
, 1994, by the
AYES:
Councilmembers: Conant, Ashworth, Burr, Watson
NOES: Councilmembers: None
ABSENT: Councilmembers: Dougherty
Anne Bybee, City'Clerk
APPROVED:
n~'tte Watson, Mayor
U
h:abbott.res(mp)
Council
Report
Item:
Category: Consent
Date: October 4, 1994
Title: Vacation of Excess Right-of-Way East Side of Abbott Avenue, 500' South of Hacienda
Avenue (Resolution/Roll Call Vote)
RECOMMENDATION
Adopt the attached resolution summarily vacating excess street fight-of-way on Abbott Avenue
DISCUSSION
Pursuant to the San Tomas Neighborhood Plan adopted by the City Council on December 16,
1993, the required half street fight-of-way width on Abbott Avenue is 20 feet together with a 5
feet wide public service easement. The existing half street fight-of-way, on the east side of
Abbott Avenue just south of Hacienda Avenue, varies from 25 feet to more than 50 feet. The
five property owners adjacent to this portion of Abbott Avenue have requested that the City
vacate this excess fight-of-way and grant it to them. Attached is a copy of the request signed
by the five property owners.
Staff has prepared the documents required to vacate the excess fight-of-way and grant the
property to the adjacent property owners. Each property owner will pay the $546 Council
adopted property vacation fee prior to recording the documents.
Staff recommends that Council adopt the attached resolution summarily vacating the excess fight-
of-way and authorize the City Clerk to record the resolution and grant deeds, subsequent to
receipt of the required fees from the property owners.
FISCAL IMPACT: None
ALTERNATIVES
Do not adopt the resolution. Staff does not recommend this as the City would retain the
excess fight-of-way which is unimproved and a liability to the City.
Asst. Fro.. gmeer i~ l:~b. Wks. Dtr.
City Manager
Attachments: Resolution; Letter from Property Owners
File: Abbott Vacations
j:~jmb\cr-Abbott
Jan. 9, 1994
Mr. Mike Fuller
Planning Department, City of Campbell
70.North First Street
Campbell, CA 95008
Dear Mr. Fuller:
This letter is in regard to the strip of vacant land along the
east side of Abbott Avenue in Campbell.
Several years ago, this vacant area was a popular spot for
dumping and reckless driving. People would dump trash in large
quantities and the city of Campbell would have to send someone to
pick it up.
After a car rolled over while driving through the vacant area,
the city installed a barrier of used telephone poles around the
~widest portion of it. This cut down on the reckless driving.
· ,Three of the families along Abbott began maintaining the
· ,'-·.property, mowing, planting trees and flowers, and picking up
~...~%'trash. The incidence of trash dumping has been greatly reduced
.since we began this practice.
~ The reduc'~ion in both of these problems has doubtless saved the
:~city money.
.. Since the San Tomas policy has passed, we understand that this
strip of land is now excess right-of way that could be vacated·to
~ 'adjacent property owners. We would like to have this occur.
· Some of us would like to plant additional landscaping in the
vacant land to screen our yards if the San Tomas school site is
developed with two-story houses. And even though the maintenance
. work is divided among three families, it would seem less of a
.burden if we owned the property.
We think that vacating the vacant strip to the adjacent property
owners be to the advantage of the city as well as to the property
owners. We hope you will move this project up on your list ofI
Priprities-
Sincerely,