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Archer/Hacienda Path Vacation RECORDINGREDUESTED~RY TO BE R, ECORDED WlTttIOUl l,.J~: S~:CTION 6103 GOVERNMENT CODE AT THE REQUEST Of: CITY OF CAMPBELL WHEN RECORDED MAIL TO: City Clerk's Office City of Campbell 70 N. First Street Campbell, CA 95008 DOCUMENT: 13499887 ~001 ~499887~ Titles:l / Pages: Fees .... · No Fees Taxes... Copies.. AHT PAID BRENDA DAVIS RDE ~ 884 SANTA CLARA COUNTY RECORDER 10/29/1996 Recorded at the request of l:09 PM City ( SPACE ABOVE THIS LINE FOR RECORDER'S USE ) Resolution No. 9150 DOCUMENT TITLE SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6 RESOLUTION NO. 9]_50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SUMMARILY VACATING EXCESS STREET RIGHT-OF-WAY PEDESTRIAN WAY BETWEEN ARCHER WAY AND HACIENDA AVENUE WHEREAS, pursuant to the Public Hearing of September 3, 1996, the City Council authorized staff to initiate procedures for the vacation of the pedestrian way between Archer Way and Hacienda Avenue; and WHEREAS, numerous residents in the vicinity of this subject excess street right-of-way have requested that the City close the pedestrian way and vacate the excess street right-of-way; 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 WHEREAS, the property to be vacated is described on the attached legal description "Exhibit A" and on the attached Plat "Exhibit B"; and WHEREAS, the property to be vacated constitutes excess street 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 vacated no longer constitutes a public street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the excess right-of-way being the pedestrian way between Archer Way and Hacienda Avenue, authorizes the Public Works Director to execute the Quitclaim Deed and/or the required legal documents for vacation of this property, authorizes the City Clerk to record this Resolution and/or Quitclaim Deed and other required legal documents with the County Recorder's Office, and waives the regular processing fees associated with vacations. PASSED AND ADOPTED this 21st day of October, 1996, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Conant, Watson, None None Furtado, Dougherty APPROVED: ANNE BYBEE, CITY CLERK EXHIBIT A 11,25543 October 10, 1996 CL DESCRIPTION 6' Pedestrian Way as shown on Map of Tract 4303 to be vacated. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being all of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' pedestrian way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, to a point on the southeasterly boundary of Tract 4303; thence along said southeasterly boundary S23°09'45"W 161.99 feet to a point on the northerly line Hacienda Avenue (60 feet wide); thence along said northerly line S76°49'45"W 7.45 feet to the intersection of said northerly line with the easterly line of lot 54 of said tract; thence along said easterly line and the easterly line to Lot 29 N23°09'45"E 162.62 feet; thence N41°17'16"W 83.58 feet to a point on the southerly line of aforementioned Archer Court; thence along said southerly line, from a tangent bearing N48°42'44"E along a curve to the left with a radius of 40 feet through a central angle of 8037'37'' for an arc length of 6.02 feet to the POINT OF BEGINNING. Excepting therefrom, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot PSE also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Also excepting therefrom, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.034 Acres more or less. This d esc rip rio n~p_.!~a~_~repa rSad1 ~n R C~1 - 97 ~ by me or under my direct Land Surveyors Act. Date Prepared by the firm of MACKAY & SOMPS San Jose, California supervision, in EXHIBIT B 55 A=8~37'37'' L=6.02' '30 6' PEDESTRIAN WAY TO BE VACATED AREA= 0.034~ AC. 0 SCALE IN FEET $0 1" = 50' 100 S 76'49'45" W 7.45' PLAT TO ACCOMPANY DESCRIPTION CAMPBELL 6' PEDESTRIAN WAY TO BE VACATED CALIFORNIA CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN dOSE, CA. 95126 (408) 985-0960 CJL 1 "=50' DRAWN BY SCALE 10-8-96 J 112555 DATE dOB NO. 10-10-1996 I h 20:21 /jobs4/pp/11255/describ/composite To: From: Date: Subject: MEMORANDUM Marlene Pomeroy, Secretary, DPW Jan~emsley, Deputy City Clerk Sun~9, 1997 Quitclaim Deed - Archer Way Vacation of Excess Right-of-Way RECEIVED .... ~C WORKS ADMINISTRATION Please find attached copy of recorded original Quit Claim Deed to William and Rebecca $oley in relation to the Archer Way vacation of excess right-of-way. I have filed the original recorded documents in the vault. Recording Requested by ? When Recorded Mail To: City of Campbell City Clerk 70 N. First St. Campbell, CA 95008 DOCUMENT: 13711954 ~0015711954~ Titles:l Fees ... Taxes .. Copies.. AHT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Grantee / Pages: 13.00 4.138 17.00 RDE ~ 003 5/20/1997 4:18 PM 3 ~ (Space Above This Line For Recorder's Use) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF CAMPBELL does hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO WILLIAM AND REBECCA SOLEY the real property in the City of Campbell, County of Santa Clara, State of California, described in "Exhibit A" plat and description attached hereto and made a part hereof. I P ff Ho5- 3-o6-7 Said property contains 0.006-t- acres, more or less, and is generally shown on the attached Plat Map. STATE OF CALIFORNIA the undersigned, a Notary P~bljc in and for said State, personally appeared ~n~/'~' JC!$.~ personally ~own to me (or ~r:ved to me cn ~: b~s~s of s~_t!sf~cte~ e~e) to be ~e person(~ whose name) is/~ subscribed m ~e wi~in instrument and ac~owledged to me ~at he/~y executed ~e sine in his/~ ~r au~orized capaciW(~, and ~at by his/~erL ~r signamre(~ on ~e ins~ment ~e person(~, or · e entiW upon behalf of which ~e person(~ acted, executed ~e ins~ment. WITNESS m~/an~d official sea~ Signature __ _~___, _ Name (typed or printed) SIGNATURE Tygled or Printed Typed or Printed #/_' ~ Comm~slon ~ ] ~6~ ~ ~~3 Nota, Public -- Cal,orn~ This area for official notarial seal. h:\archer.vac(mp)wp 11,255-0 October 11, 1996 CL DESCRIPTION Portion of Vacated 6' Pedestrian Way as shown on Map of Tract 4303 to be Quitclaimed to Lot 30. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' Pedestrian Way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, a point on the southeasterly boundary of Tract 4303. Thence along said southeasterly boundary S23°09'45"W 3.32 feet; thence N41°17'16'' W 88.91 feet, said course being parallel with and 3 feet distance from aforementioned common line, to apo. int on above said southerly line of Archer Court; thence along said southerly line, from a tangent bearing N44°23'56"E along a curve to the left with a radius of 40 feet through a central angle of 4°18'49'' for an arc length of 3.01 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot "PSE" also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Containing 0.006 Acres more or less. This description was prepared by me or under my direct supervision, in 1 Land Surveyors Act. Ben B. ' Date Prepared by the firm of MACKAY & SOMPS San Jose, California EXHIBIT A CO dg% R=40' A=4°18 L=3.01' N 4~ ,~NDS TO BE ITCLAIMED TO LOT 30 AREA= 0.006+ AC. ',9 S 23'09'¢5" W 3.32' SCALE IN FEET 30 60 1" = 30' PLAT TO ACCOMPANY DESCRIPTION PORTION OF VACATED 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 30 OF TRACT 4303 CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN dOSE, CA. 95126 (408) 985-0960 CdL 1"=50' 10-8-96 [ 11255 DRAWN BY SCALE DATE [ dOB NO. I0-10-1996 I h' 20:40 /jobs4/pp/11255/describ/composite .o~ CITY OF CAMPBELL Public Works Department November 12, 1996 William Soley 1190 Archer Way . Campbell, CA 95008 Re: Quitclaim Deed - Pedestrian Pathway Dear Mr. Soley: Enclosed please f'md a fully executed Quitclaim Deed reflecting the City's release of property associated with the closure of the pedestrian pathway. You may now have this document recorded with the County Recorder's Office located at 70 W. Hedding Street in San Jose. If you have any questions, please do not hesitate to contact me. Sincerely, Michelle Quinney City Engineer Enclosure cc: City Clerk h:\pedpath.ltr(mp)wp 70 North First Street . Campbell, California 95008. 1423 · TEL 408.866.2150 · FaX 408.379.2572 - TDD 408.866.2790 NEW PW FAX ~ 408-376.095~ DOCUMENT: 135. $48 Recording Requesmd by ) ) ~001~55~548~ When Recorded MailTo: ) City of Campbell ) City Clerk ) BRENDA DAVIS 70 N. First Street ) SANTA CLARA COUNTY RECORDER Campbell, CA 95008 ) Recorded at the request of ) Grantee Titles:l Fees .... Taxes... Copies.. AMT PAID / Pages: 13.00 13.00 RDE n 884 12/16/1996 11:39 AM (Space Above This Line For Recorder's Use) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF CAMPBELL does hereby REMISE, RELEASE .SAND FOREVER QUITCLAIM TO SACHIKO SHIMADA the real property in the City of Campbell, County of Santo Clara, State of California, described in "Exhibit A" plat and description a~zachcd hereto and made a paz~ hereof. Said property contains 0.018--+ acres, more or less, and is generally shown on the attached Plat Map. STATE OF CALIFORNIA On III t Iq6 before me, the undersigned, a Notary Pu~bl$c in and for said State, personally appeared personally ~o~ to me (~ 7rc'.'ed m me ~- me ~e) m be ~e person(~ whose name~ is/~ subscribed to ~e wi~in ins~ment ~d ac~owledged to me ~at he/~ execumd ~e same in his/~zr/ ~ au~orized capaci~(~), and ~at by his/~ ~ signamre~ on ~e i~tmment ~e person(~, or · e enti~ upon behalf of which ~e perso~ acmd, executed ~e instrument. WITNESS my and official seal. Signature ~,,tC,,,x~ ~ Name A'~e BU, be ~ (typed or printed) a:\ arc her. v ac (mp) wp SIGNATURE Typed or Printed SIGNATURE This area for official notarial seal. THE FOREGCING ....... ~f,p, AND ~un,,~', ' ON' FILE :tNi ff~tS[~FFtC~ 11,255-0 October 11, 1996 CL DESCRIPTION Portion of vacated 6' Pedestrian Way as shown on Map of Tract 4303 to be Quitclaimed to Lot 54. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Sarita Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 54 and the "6' pedestrian way" of said Tract 4303 and the northerly line of Hacienda Avenue as shown on said tract; thence from said POINT OF BEGINNING said common line N23°09'45"E 130.34 feet to a point on the northerly line of said Lot 54; thence along the easterly prolongation of said northerly line N76°49'45"E 7.45 feet to a point on the southeasterly boundary of Tract 4303, said southeasterly boundary also being the southeasterly line of above mentioned 6' pedestrian way; thence along aforementioned southeasterly boundary S23°09'45"W 130.34 feet to a point on the above said northerly line of Hacienda Avenue; thence along said northerly line S76°49'45"W 7.45 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.018 Acres more or less. This description was prepared by me or under my direct co~ss~l~l Land Surveyors Act. Ben B. Whit'--e ~ ' Date RCE 1. ~-31-97 Prepared by the firm of MACKAY & SOMPS San Jose, California supervision, in EXHIBIT A N 76'49'45" E 7.45' LANDS TO BE QUITCLAIMED TO ~ ,.~ .~--C~ LOT 54 ,.?' .q..,,- AREA= 0.0184- AC. ~ S 76'4-9'45" W 7.45' SCALE IN FEET 3O 1" = 30' 60 PLAT TO ACCOMPANY DESCRIPTION PORTION OF VACATED 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 54 OF TRACT 4303 CIVIL ENGINEERING,LAND PLANNINGoLAND SURVEY, lNG SAN JOSE, CA. 95126 (408) 985-0960 CJL DRAWN BY 1"=30' SCALE 10-8-96 I 11255 DATE JOB NO. 10-10-1996 I h 20:42 /jobs4/pp/11255/describ/composite CITY OF CAMPBELL Public Works Department November 12, 1996 Sachiko Shimada 1525 Hacienda Avenue .Campbell, CA 95008 Re: Quitclaim Deed - Pedestrian Pathway Dear Mr. Shimada: Enclosed please find a fully executed Quitclaim Deed reflecting the City's release of property associated with the closure of the pedestrian pathway. You may now have this document recorded with the County Recorder's Office located at 70 W. Hedding Street in San Jose. If you have any questions, please do not hesitate to contact me. Sincerely, Michelle Quirmey City Engineer Enclosure cc: City Clerk h:\pedpath.ltr(mp)wp 70 North First Street . Campbell, California 95008.1423 · TEL 408.866.2150 ' FAX 408.379.2572 - TDD 408.866.2790 NEW PW FAX #' 40B-376.0958 .OF. CITY OF CAMPBELL Public Works Department November 12, 1996 Paul Tomatta Yvonne Tornatta 1530 Archer Court Campbell, CA 95008 Re: Quitclaim Deed - Pedestrian Pathway Dear Mr. and Mrs. Tornatta: Enclosed please f'md a fully executed Quitclaim Deed reflecting the City's release of property associated with the closure of the pedestrian pathway. You may now have this document recorded with the County Recorder's Office located at 70 W. Hedding Street in San Jose. If you have any questions, please do not hesitate to contact me. Sincerely, Michelle Quinney City Engineer Enclosure cc: City Clerk h:\pedpath.ltr(mp)wp 70 North First Street · Campbell, California 95008.1423 - VEL 408.866.2150 - FAX 408.379.2572 · TDD 408.866.2790 NEW PW FAX # .40~-376-0958 Pacific Gas and Eiectri© Company November 8, 1996 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008-1423 Attention: Harold Housley, P.E. Re: Vacation of Pedestrian Way Archer Ct. & Hacienda Ave. File: 1222 Hacienda 111 Almaden Boulevard RO. Box 15005 San Jose CA 95115-0005 408/280-1212 Dear Mr. Housley: In response to your letter dated October 2, 1996, PG&E has no objections and hereby consents to the above said vacation of the pedestrian way shown in red on Tract Map No. 4303 enclosed. Should you have any questions or concerns please call me at (408) 282-7546. Sincerely, Lead Land Technician Enclosures File: L5-4443 ~A?Y$ ~ '~ ~ ODD V~V~ / / J/ " .~.0s.~.oG 3AI~ 39V lD 'Y 'I .,4 ~4 OF CAMPLZLL 70 N. FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 PAGE PURCHASE ORDER NUMBER PURCH. ORDER DATE' DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION ..... ~,:,..'~ , ~ ' ~'i.~ ¢-', i:;; !,., ~ ~: ' :',i i..'".", ! · CONFIRM. BLANKET FINAL PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE I COMMODITY CODE UNIT PRICE EXTENSION ?.,: ;:;.':'" ,;i.': ~::;.. L': ,? i,:,?i .. ( 'i(.:~'.~ , ,,\ ' ORGANIZATION ACCOUNT I PROJECT PROJECT ACCOUNT AMOUNT ALL INVOICES ARE TO BE ADDF~ESSED TO CITY OF CAMPBELL, FINANCE DEPARTMENT 70 N. FIRST ST., CAMPBELL, CA 95008 D~PAR~MENT PURCHASING AGENT TERMS AND CONDITIONS ON REVERSE SIDE IIIACKAY & S&,IPS CIVIL ENGINEERING . LAND PLANNING · LAND SURVEYING 1955 The Alameda San Jose, CA 95126-1484 (408) 985-0960 October 24, 1996 To: Job No: City of Campbell Attn: Finance Department 70 N. First Street Campbell, CA 95008 11,255-00 CTY174 INVOICE P.O. No. 970237 - Reg. No. 2187 Pedestrian Way Plats and Descriptions for Vacation of R/W NEW BILLING Engineering services thru 10-13-96 Prepare for descriptions and five plats delineating pedestrian way to be vacated and quitclaimed to adjacent subdivision owners. Classification Hours Rate Total Eng./Plan. Manager 4.0 $120.00 Sr. Engr. /Plan. /Land Surveyor 1.0 96.00 Asst. Engr./Plan./Surveyor 22.0 68.00 Administrative Assistant 3.0 52.00 Printing & Postage 10.00 Cost Total $ 480.00 96.00 1,496.00 156.00 10.00 $2,238.0O New Billing Prior Billing Total Billing Less Payments Balance Due $2,238.00 0.00 2,238.00 0.00 $2,238.00 p.o., OKAY OF YCAfM PBELL PUBLIC V~VQ,~. F:LK~.~ ~ C C T # /_.~C.,-'7'-'~,~',:-'- Offices: Fairfield · Pleasanton · Rosev#le · Sacramento · San Jose This balance does not reflect payment received after the 25th of this month. iTY OF MPBELL Date: November 7, 1996 TO: TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT Maps and Records Section San Jose Water Company 1221 S. Bascom Avenue San Jose, CA ~126 FROM: SUBJECT: Michelle Quinney, City Engineer Vacation of Pedestrian Way - Archer Way/Hacienda Avenue We are forwarding the following: Copy of City Council Resolution 9150 and Map approving vacation. The enclosed is being forwarded to you at the request of James Bariteau (copy of his letter also attached). : Remarks: .f.jjj WaterSan'J°se Company 374 West Santa Clara St. San Jose, CA 95196-0001 Telephone: (408) 279-7827 Facsimile: (408) 292-5812 Writer's Direct Dial: (408) 279-7874 November 5, 1996 Mr. Harold Housley, P.E. City of Campbell Public Works Department 70 North First Street Campbell, CA 95008-1423 SUBJECT: Vacation of Pedestrian Way Dear Mr. Housley: We are in receipt of your correspondence dated October 2, 1996 regarding the proposed vacation of the pedestrian way located contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way. Please be informed that San Jose Water Company will have no objection to this proposed vacation and hereby give its consent. Our records indicate that there are no facilities of this company within the easement. As a condition to this consent, we request that you send a copy of the final resolution of the vacation to the Maps and Records Section of our Engineering Department, 1221 South Bascom Avenue, San Jose, 95128. silly, JAMES R. BARITEAU New Business Department JRB:bn Housley.doc Attachment cc: Maps and Records Properties Manager MEMORANDUM .o¥'CA~ o CITY OF CAMPBELL TO: FROM: SUBJECT: DATE: Michelle Quinney City Engineer cc~Marlene Pomeroy, Secretary - Ja~Hemsley De!l~ City Clerk Summary Vacations - Archer/Hacienda Pedestrian Pathway October 22, 1996 At its regular meeting of October 21, 1996, the City Council adopted Resolution No. 9150 summarily vacating the excess street right-of-way pedestrian way between Archer Way and Hacienda Avenue. Please find certified copy of this Resolution attached for your records. This office will coordinate the recordation of Resolution No. 9150. RESOLUTION NO. 9150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SUMMARILY VACATING EXCESS STREET RIGHT-OF-WAY PEDESTRIAN WAY BETWEEN ARCHER WAY AND HACIENDA AVENUE WHEREAS, pursuant to the Public Hearing of September 3, 1996, the City Council authorized staff to initiate procedures for the vacation of the pedestrian way between Archer Way and Hacienda Avenue; and WHEREAS, numerous residents in the vicinity of this subject excess street right-of-way have requested that the City close the pedestrian way and vacate the excess street right-of-way; 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 WHEREAS, the property to be vacated is described on the attached legal description "Exhibit A" and on the attached Plat "Exhibit B"; and WHEREAS, the property to be vacated constitutes excess street 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 vacated no longer constitutes a public street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the excess right-of-way being the pedestrian way between Archer Way and Hacienda Avenue, authorizes the Public Works Director to execute the Quitclaim Deed and/or the required legal documents for vacation of this property, authorizes the City Clerk to record this Resolution and/or Quitclaim Deed and other required legal documents with the County Recorder's Office, and waives the regular processing fees associated with vacations. PASSED AND ADOPTED this 21st day of October, 1996, by the following roll call vote: AYES: COUNCILMEMBERS: Burr, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Conant, Watson, Furtado, Dougherty ANNE BYBEE, CITY CLERK APPROVED: ~/? THE FOREGOING INSTRUMENT I~ A TRIJI~ AND CORRECT COPY OF THE ORI~III~M. ON FILE IN THIS OFFICE. EST: ANNE BYBEE, CI~ ~ ~1~ EXHIBIT 11,255-O October 10, 1996 CL _DESCRIPTION 6' Pedestrian Way as shown on Map of Tract 4303 to be vacated. Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being all of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' pedestrian way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, to a point on the southeasterly boundary of Tract 4303; thence along said southeasterly boundary S23°09'45"W 161.99 feet to a point on the northerly line Hacienda Avenue (60 feet wide); thence along said northerly line S76°49'45"W 7.45 feet to the intersection of said northerly line with the easterly line of lot 54 of said tract; thence along said easterly line and the easterly line to Lot 29 N23°09'45"E 162.62 feet; thence N41°17'16"W 83.58 feet to a point on the southerly line of aforementioned Archer Court; thence along said southerly line, from a tangent bearing N48°42'44"E along a curve to the left with a radius of 40 feet through a central angle of 8037'37'' for an arc length of 6.02 feet to the POINT OF BEGINNING. Excepting therefrom, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot PSE also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Also excepting therefrom, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.034 Acres more or less. Ben B . ~~.~'~" ~ R C E ,1;~~ -31-97 II-'~'_-/ "k~ - ~"~ by me or under my direct Land Surveyors Act. Date Prepared by the firm of MACKAY & SOMPS San Jose, California supervision, in EXHIBIT B 55 -' A=8~37'37" L=6.02' 54 5O 6' PEDESTRIAN WAY TO BE VACATED AREA= 0.034+ AC. SCALE IN FEET 5O 1" = 50' 100 S 76'49'45" W 7.45' PLAT TO ACCOMPANY DESCRIPTION CAMPBELL 6' PEDESTRIAN WAY TO BE VACATED CALIFORNIA CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING SAN JOSE, CA. 95126 (408) 985-0960 CJL DRAWN BY 1 "=50' SCALE 10-8-96 I 112555 DATE JOB NO. 10-10-1996 I I: 20:21 /jobs4/pp/11255/describz/composite Counc l Report Item No.~ ~. Category. Consent Date: October 21, 1996 Summary Vacations - ArcherfI-Iacienda Pedestrian Pathway (Resolution/RoB Call Vote) RECOMMENDATION That the City Council adopt the attached Resolution summarily vacating excess street right-of- way for the pedestrian way located between Archer Court and Hacienda Avenue and waiving the fees associated with vacation of excess right-of-way. DISCUSSION At the September 3, 1996 City Council meeting, a Public Hearing was conducted to consider the closure of the pedestrian walkway located between Archer Way and Hacienda Avenue. Following the Public Hearing, Council authorized the immediate closure of this pedestrian way and directed staff to pursue the vacation of this excess right-of-way. Staff has obtained the documents necessary to complete the summary vacation of this excess right-of-way. Due to the broad neighborhood interest in the pathway closure and vacation, staff is recommending that the City cover the costs encountered for completing this process, including the removal of existing improvements, and that Council waive the regular processing fees charged for this action. City m_ointenance perSonnel have already removed the existing concrete pathway and associated improvements from the back of the Archer and Hacienda sidewalks to the sideyard fences of the abutting private properties. Bids have been obtained from several contractors to complete the removal of the improvements between the properties and regrade the pathway as necessary to allow the property owners to relocate their fences. Although it will be the responsibility of the adjacent homeowners to complete the required relocation of side and back yard fencing, staff is coordinating the interim removal of improvements with the property owners. Staff recommends that the attached Resolution be adopted summarily vacating the excess street right-of-way, authorizing the City Clerk to record the resolution and a quit claim deed, if necessary, and waiving the required fees for the vacation process. The anticipated costs for the vacation and removal of improvements is as follows: Preparation of vacation documents Removal of existing public improvements TOTAL COSTS $ 2,800 $ 5.000 $ 7,80O Funding for this project will come from miscellaneous Bicycle/Pedestrian and Traffic Safety Improvements (Capital Project 96-10). Summary Vacations - Archer/Hacienda Pedestrian Pathway: Page 2 October 21, 1996 Do not adopt the resolution vacating the street fight-of-way. This alternative would not be consistent with Council's previous direction to proceed with vacation of the pedestrian walkway. Prepared by: Reviewed by: Reviewed by: Approved by: / '"" ' F~ ~'Cce Direc or Interir~City 'Manager Attachments: Resolution j:~mq~ld~archerpcd RF~OL~ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBEI~ SUMMARILY VACATING EXCESS STREET RIGHT-OF-WAY PEDESTRIAN WAY BETWEEN ARCHER WAY AND HACIENDA AVENUE WHEREAS, pursuant to the Public Hearing of September 3, 1996, the .City Council authorized staff to initiate procedures for the vacation of the pedestrian way between Archer Way and Hacienda Avenue; and WHEREAS, numerous residents in the vicinity of this subject excess street right-of-way have requested that the City close the pedestrian way and vacate the excess street right-of-way; and WHEREAS, this vacation is made pursuant to Chapter 4, Summary Vacation, of Pan 3 of Division 9 of the California' Streets and Highway Code; and WHEREAS, the property to be vacated is described on the attached legal description "Exhibit A" and on the attached Plat "Exhibit B"; and WHEREAS, thc property to be vacated constitutes excess street 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 vacated no longer constitutes a public street. NOW, THEREFORE, BE IT RESOL~ that the City Council of the City of Campbell does hereby vacate the excess right-of-way being the pedestrian way between Archer Way and Hacienda Avenue, authorizes the Public Works Director to execute the Quitclaim Deed and/or the required legal documents for vacation of this property, authorizes the City Clerk to record this Resolution and/or Quitclaim Deed and other required legal documents with the County Recorder's Office, and waives the regular processing fees associated with vacations. PASSED AND ADOPTED this 21st day of October, 1996, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCIIAiEMBERS: COUNCILMF. MBERS: APPROVED: ATTEST: ROBERT S. DOUGHERTY, MAYOR ANNE BYBEE, CITY CLERK October 10, 19% CL DESCRIPTION Pedestrian Way as shown on Map o~ Tract 4303 to be vacated. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being all of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County ReCords, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' pedestrian way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, to a point on the southeasterly boundary of Tract 4303; thence along said southeasterly boundary S23°09'45"W 161.99 feet to a point on the northerly line Hacienda Avenue (60 feet wide); thence along said northerly line S76°49'45"W 7.45 feet to the intersection of said northerly line with the easterly line of lot 54 of said tract; thence along said easterly line and the easterly line to Lot 29 N23°09'45"E 162.62 feet; thence N41°17'16"W 83.58 feet to a point on the southerly line of aforementioned Archer Court; thence along said southerly line, from a tangent bearing N48°42'44"E along a curve to the left with a radius of 40 feet through a central angle of 8037'37'' for an arc length of 6.02 feet to the POINT OF BEGINNING. Excepting therefrom, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot PSE also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Also excepting therefrom, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.034 Acres more or less. This description~epar,ed by me or under my direct ~~nal Land Surveyors Act_ Ben B. ~~,.~"~ ~ ' ,., - R~-97 t,,are [:'~'[ ~. ~..,, I~!1 Prepared by the firm of ~,.~ ~,';2--'~' /~';] MACKAY & SOMPS  San Jose, California supervision, in ~I~BTT B 55 =8'37'37" L=6.02° 2~ 29 6' PEDESTRIAN WAY TO BE VACATED AREA- 0.034.~ AC. S 76'49'45" W 7.4.5' SCALE IN FEET 5O 1" = 50' 100 PLAT TO ACCOMPANY DESCRIPTION CAMPBELL 6' 'PEDESTRIAN WAY TO BE VACATED CALIFORNIA CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN JOSE, CA. 95126 (4-08) 985-0960 CJL I 1"=50' 10-8-96 ! 112355 DRAWN BY SCALE DATE JOB NO. 10-10-1996 11:20:21 /job$4/pp/11255/descmb/composite Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 AN AFFIRMATIVE ACTION EMPLOYER October 21, 1996 Mr. Harold Housley, P.E. Public Works Department City of Campbell 70 North First Street Campbell, CA 95008 Dear Mr. Housley: Subject: Vacation of Pedestrian Walkway From Archer Way to Hacienda Avenue Along Smith Creek Thank you for providing us with notification of the subject city action. The quitclaim of the city's interest in this land does not adversely impact the Santa Clara Valley Water District's (District) water resource management objectives. A neighboring property owner has contacted us regarding the potential for the District to quitclaim its interest in a portion of our property on Smith Creek. District staff is addressing this request and will respond separately to the property owner. Sincerely, Sue A. Tippets; P.E. Supervising Engineer Community Projects Review Unit recycled paper IllAelCAY & SonlPs CIVIL ENGINEERING LAND PLANNING LAND SURVEYING October 11, 1996 0~T l 4_ 1996 11,255-o Michelle Quinney, P.E. City Engineer City of Campbell 70 North First Street Campbell, California 95008 Re: Pedestrian Way Vacation Plats & Descriptions Dear Michelle: Transmitted herewith are three copies each of the following plats & descriptions for the referenced Pedestrian Way vacation: 1. Plat area to be vacated. 2. Description of area to be vacated. 3. Plat reflecting the vacated areas to be quit claimed. 4. Plats and descriptions for each (3) quit claim areas. Provided in accordance with your October 2, 1996 authorizing Purchase Order. Should you have any specific questions, please call me or Carl Lee. v~y truly y0~s~. ."MACKAY Pu~.~9~ ~ Division 1955 THE ALAMEDA SAN JOSE, CALIFORNIA 95126-1484 PHONE (408) 985-0960 FAX (408) 985-8668 OFFICES: FAIRFIELD PLEASANTON ROSEVlLLE SACRAMENTO SAN JOSE ~'~ ~ C :3 if::~ (.: f '.['? %. 2 :L d, 'i? 9 F:i: 55 ~ A=8"37.'37 L=6.02' ~ 2,B 5~r 6' PEDESTRIAN WAY TO BE VACATED AREA= 0.034+ AC. SCALE IN FEET 50 1" = 50' 100 S 76'4-9'45" W 7.45' PLAT TO ACCOMPANY DESCRIPTION CAMPBELL 6' PEDESTRIAN WAY TO BE VACATED CALIFORNIA CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN dOSE, CA, 9,5126 (4-08) 985-0960 CJL 1"=50' I 10-8-96 I 112555 DRAWN BY SCALE DATE JOB NO. 10-10-1996 11: 20:21 /jobs4/pp/11255/describ/composite 11,255-0 October 10, 1996 CL DESCRIPTION 6' Pedestrian Way as shown on Map of Tract 4303 to be vacated. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being all of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' pedestrian way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, to a point on the southeasterly boundary of Tract 4303; thence along said southeasterly boundary S23°09'45"W 161.99 feet to a point on the northerly line Hacienda Avenue (60 feet wide); thence along said northerly line S76°49'45"W 7.45 feet to the intersection of said northerly line with the easterly line of lot 54 of said tract; thence along said easterly line and the easterly line to Lot 29 N23°09'45"E 162.62 feet; thence N41°17'16"W 83.58 feet to a point on the southerly line of aforementioned Archer Court; thence along said southerly line, from a tangent bearing N48°42'44"E along a curve to the left with a radius of 40 feet through a central angle of 8037'37'' for an arc length of 6.02 feet to the POINT OF BEGINNING. Excepting therefrom, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot PSE also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Also excepting therefrom, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.034 Acres more or less. Prepared by the firm of MACKAY & SOMPS * ~ a n Jos e, C a l i for n ia under my direct supervision, in Land Surveyors Act. Date 5O g9 PORTION OF 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 5C AREA= 0.006:t: AC. PORTION Of 6' PEDESTRIAN WAY TO BE OUITCLAIMED TO LOT 2 AREA= O.OlO::i: AC. 5~ PORTION OF 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT ,54 AREA= 0.018+ AC. SCALE IN FEET 50 1" = 50' 100 PLAT TO ACCOMPANY DESCRIPTION 6' PEDESTRIAN WAY TO BE VACATED AND QUITCLAIMED TO ADJACENT PARCELS TRACT 4303 CIVIL ENGINEERING,LAND PLANNING,LAND SURVEYING SAN JOSE, CA. 95t26 (408) 985-0960 CJL 1"=50' [ 10-8-96 [ 11255 DRAWN BY SCALE DATE JOB NO. 10-10-1996 l ~: 20:25 /jobs4/pp/! ~255/describ/composite R = 4-0' ~=4°18 L=3.01' N 4 ,~NDS TO BE ITCLAIMED TO LOT .30 AREA= 0.006+ AC. S 23'09'45" W 3.32' SCALE IN FEET 30 60 1" = 30' PLAT TO ACCOMPANY DESCRIPTION PORTION OF VACATED 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 30 OF TRACT 4303 CIVIL ENGINEERINOeLAND PLANNINOeLAND SURVEYINO SAN JOSE, CA. 9,5126 (408) 985-0960 CJL 1"=50' I 10-8-96 11255 DRAWN BY SCALE I DATE JOB NO. 10-10-1996 I h. 20:40 /jobs4/pp/11255/describ/composite 11,255-0 October 11, 1996 CL DESCRIPTION Portion of Vacated 6' Pedestrian Way as shown on Map of Tract 4303 to be Quitclaimed to Lot 30. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 30 and the "6' Pedestrian Way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said common line S41°17'16"E 87.82 feet, a point on the southeasterly boundary of Tract 4303. Thence along said southeasterly boundary S23°09'45"W 3.32 feet; thence N41°17'16'' W 88.91 feet, said course being parallel with and 3 feet distance from aforementioned common line, to a po.int on above said southerly line of Archer Court; thence along said southerly line, from a tangent bearing N44°23'56"E along a curve to the left with a radius of 40 feet through a central angle of 4°18'49'' for an arc length of 3.01 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, a 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot "PSE" also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Containing 0.006 Acres more or less. This description was prepared by me or under my direct supervision, in  1 Land Surveyors Act. Ben B. ~ ~ ~ 1-97 Date Prepared by the firm of MACKAY & SOMPS San Jose, California R=40' A=4o 1 8'4-8" L=3.01' LANDS TO BE QUITCLAIMED TO LOT 29 AREA= 0.010+ AC. g9 S 76'49'45" 7.4-5' W SCALE IN FEET 30 1" = 30' 60 PLAT TO ACCOMPANY DESCRIPTION PORTION OF VACATED 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 29 OF TRACT 4303 CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN JOSE, CA. 95126 (4-08) 985-0960 DRAWN BY SCALE DATE ,JOB NO. !0-10-1996 11: 20:38 /jobs4/pp/11255/describ/corr ~osite 11,255-0 October 11, 1996 CL DESCRIPTION Portion of vacated 6' Pedestrian Way as shown on Map of Tract 4303 to be Quitclaimed to Lot 29. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 29 and the "6' Pedestrian Way" of said Tract 4303 and the southerly line of Archer Court as shown on said tract; thence from said POINT OF BEGINNING along said southerly line from a tangent bearing N48°42'44"E along a curve to the left with a radius of 40 feet through a central angle of 4°18'48'' for an arc length of 3.01 feet, thence leaving said southerly line S41°17'16"E 88.91 feet, said course being parallel with and 3 feet distance from the northeasterly line of aforementioned Lot 29, to the southeasterly boundary of Tract 4303; thence along said southeasterly boundary S23°09'45"W 28.33 feet; thence leaving said boundary along the easterly prolongation of the line common to Lots 29 and 54 of Tract 4303, S76°49'45"W 7.45 feet easterly line of said Lot 29; thence along said easterly line N23°09'45"E 32.28 feet; thence N41°17'16"W 83.58 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, A 10 foot wide "PSE" parallel to Archer Court. The northerly line of said 10 foot PSE also being the southerly line of Archer Court as shown on above mentioned Map of Tract 4303. Containing 0.010 Acres more or less. This description was prepared by me or under my direct ~~ssional~/- ~ ~ / Land Surveyors Act. Ben ~ - --- [i~[ ........ /~'t Prepared by the firm of Date supervision, in SCALE IN FEET 1" = 30' 60 N 76'49'45" E 7.45' LANDS TO BE QUITCLAIMED TO ~ LOT 54- AREA= 0.018::J:: AC. S 76'49'45" W 7.45' PLAT TO ACCOMPANY DESCRIPTION PORTION OF VACATED 6' PEDESTRIAN WAY TO BE QUITCLAIMED TO LOT 54 OF TRACT 4303 CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING SAN JOSE, CA. 95126 (408) 985-0960 CJL 1"=30' 10-8-96 11255 DRAWN BY SCALE DATE JOB NO. 10-10-1996 11: 20:42 /jobs4/pp/11255/describ/com )osite 11,255-0 October 11, 1996 CL DESCRIPTION Portion of vacated 6' Pedestrian Way as shown on Map of Tract 4303 to be Quitclaimed to Lot 54. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of a 6' Pedestrian Way as shown on that particular map of Tract 4303, which was filed for Record in Book 237 of Maps at Pages 34 and 35, Santa Clara County Records, described as follows: BEGINNING at the intersection of the common line of lot 54 and the "6' pedestrian way" of said Tract 4303 and the northerly line of Hacienda Avenue as shown on said tract; thence from said POINT OF BEGINNING said common line N23°09'45"E 130.34 feet to a point on the northerly line of said Lot 54; thence along the easterly prolongation of said northerly line N76°49'45"E 7.45 feet to a point on the southeasterly boundary of Tract 4303, said southeasterly boundary also being the southeasterly line of above mentioned 6' pedestrian way; thence along aforementioned southeasterly boundary S23°09'45"W 130.34 feet to a point on the above said northerly line of Hacienda Avenue; thence along said northerly line S76°49'45"W 7.45 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM, a 10 foot wide "PSE" parallel to Hacienda Avenue. The southerly line of said 10 foot PSE also being the northerly line of Hacienda Avenue as shown on above mentioned Map of Tract 4303. Containing 0.018 Acres more or less. This description was prepared Ben B. Wh-~e ~ RC~13,~~I-31-97 by me or under my direct Land Surveyors Act. Date Prepared by the firm of MACKAY & SOMPS San Jose, California supervision, in WEST VALLEY SANITATION OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 October 8, 1996 DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GA TOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED AREA Mr. Harold Housley Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Vacation of Pedestrian Way Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Ave. to Archer Way Mr. Housley: The proposed quitclaim of that certain pedestrian way will not affect the district's facility in the area. Accordingly, the district will not object to the proposal. Very truly yours, Robert R. Reid ~J~'athan K. Lee Ei~ineering Coordinator (FORMERLY COUNTY SANITATION DISTRICT NO. 4) 51A.028 Cont. STATE, COUNTY AND CITY STREETS AND HIGHWAYS: ACQUISITION, ABANDONMENT AND VACATION EFFECT OF VACATION PROCEEDINGS ON PROPERTY RIGHTS (On and After January 1, 1981) thereafter free from the easement. But, if the public entity owns a fee in the portion vacated, the vacation merely removes the public easement as an encumbrance thereon and the property may be disposed of as provided in section 8355 Streets and Highways Code. B. Private Easements 1. Generally With one exception, private easements or other private rights in, to, or over vacated streets, highways or public service easements are not extinguished by a completed vacation proceeding, regardless of the manner in which they were acquired. The exception concerns those private easements claimed by reason of the purchase of a lot by reference to a map or plat upon which the subsequently vacated street or highway is shown, other than a private easement of ingress and egress to the lot from or to the street or highway. (§8352(a) Sts. & Hy. Code). Private easements or other private rights not extinguished by a vacation proceeding are subject to extinguishment under the laws governing abandonment, adverse possession, waiver, and estoppel. (§8352(b) Sts. & Hy. Code) 2. Private Easements Claimed By Reason of Purchase of a Lot By Reference to Map Showing Street or Highway Ail private easements claimed by reason of the purchase of a lot by reference to a map or plat upon which the street or highway is shown, other than a private easement of ingress and egress to the lot from or to the street or highway are extinguished by a vacation of that street or highway, unless: The claimant records, within two years after the date the vacation is complete, a verified notice that particularly describes the private easement that is claimed in the office of the recorder of the county in which the vacated street or highway is located. (§8353(a,(b) Sts. & Hy. Code). C. Title Practice 1. After Vacation Proceedings Completed In addition to any easements reserved in the 7-5-88 -24- 51A.028 A, B1,2,C,1 § 2381 HIGHWAY FUNDS Div. 3 Rights of way; abandonment § 2381. nights-of-way established for other purposes by cities, counties, or local cies shall not be abandoned unless the governing body thereof deter- es that the rights-of-way or parts thereof are not useful as a nonmotorized sportation facility, as defined in Section 156. ate highway rights-of-way shall not be abandoned until the department first consults with the local agencies having jurisdiction over the areas concerned to determine whether the rights-of-way or parts thereof could be developed as such facilities. If an affirmative determination is made, before abandoning such rights-of-way, the department shall first make such property available to local agencies for development as such facilities in accordance with the terms and procedures of Sections 104.15 and 156.8 of this code and Section 14012 of the Government Code. (Added by Stats. 1975, c. 1235, p. 3131, § 6. Amended by Stats. 1977, c. 674, p. 2196, § 3.) Historical e The 1977 amendment substituted, at the ¢ of the first paragraph, "a nonmotorized tra portation facility, as defined in Section 1. for '%ikeways"; and substituted, in two pla in the second paragraph, "such facilities" '%ikeways'. Cros: Application of section to vacation of stre Vacation of streets, highways or public ways, Civil Procedure 4 751.58. Librar Highways ~,79(1). WESTLAW Topic No. 200. C.J.S. Highways §4 130 to 135. CALIFORN Ch. 8 § 2383. ~ The depar Account acc (a) To the of this chap (b) To citi safety and ~ 2386. To be to state, cou motor vehic (Added by S1 Derivation: 1972, c. 1092, 1 § 2382. Bicycle lane account; cz The Bicycle Lane Account is conti tion Fund, and moneys in the accoux~t eu-c conunuously appropriated to tl~e department for expenditure for the purposes specified in this chapter. Unex- pended moneys shall be retained in the account for use in subsequent fiscal years. (Added by Stats. 1975, c. 1235, p. 3131, § 6.) Historical and Statutory Notes Derivation: Former 4 2371, added by Stats. 1972, c. 1092, p. 2043, § 5. Highways ~=~991/n. WESTLAW Topic No. 200. C.J.S. Highways 44 176, 178. led by St .) 385. ! ~e Bikex money ted mo~ Library References 648 § 2386. 1 The dep~ Account fm including, ! (a) New (b) New (c) Sec~ transit tern (d) Bicyc (e) Instal cy of bicyc USA LOCATION REQUEST FORMAT BEGIN DATE BEGIN TIME YOUR COMPANY'S MAILING ADDRESS: ~0 ~, /,'f~ ~t. TELEPHONENUMBERWHEREYOUCANBECONTACTED:(~ ) ~ - ~/~- EXT,~ WHO IS THE WORK BEING DONE FOR: ~,~ ~ FOREMAN OF THE JOB: /t~---~ · d HAVE YOU OUTLINED YOUR EXCAVATION WITH WHITE PAINT WORK PERMIT-- CITY COUNTY. OR STATE: ~//~ ' LOC REQ # '~7~'TL'~" DATE CALLED: ~"~' ~° ~)~' EXPIRATION DATE: TWO WORKING DAYS NOTICE IS REQUIRED ON ALL LOCATION REQUESTS. EACH LOCATION IS ACTIVE FOR 14 CALENDAR DAYS FROM THE DATE IT tS CALLED IN THE EXCAVATOR IS REQUIRED TO OUTLINE THE EXCAVATION IN WHITE PAINT. CALLING HOURS 7:00 am - 5:00 pm M-F William & Rebecca Soley 1190 Archer Way Campbell, CA 95008-5106 October 1, 1996 City of Campbell Attn.: Robert Kass, Public Works Director 70 N. First St. Campbell, CA 95008 Re: pedestrian walkway closure (Archer Way to Hacienda Ave.) Dear Mr. Kass, Please find enclosed, for your information, a copy of my letter to Sue Tippets at the Santa Clara Valley Water District office. Thank you for all of your effort in these matters. Sincerely, William & Rebecca Soley 1190 Archer Way Campbell, CA 95008-5106 October 1, 1996 Santa Clara Valley Water District Attn.: Sue Tippets 5750 Almaden Expy San Jose, CA 95118 Re: assessor's parcel number 403-13-27 Dear Ms. Tippets, Thank you for speaking with me on the phone last week. There is a City of Campbell pedestrian walkway which runs between Archer Way and Hacienda Avenue. It is adjacent to my property, some S.C.V.W.D. property and others. The attached draw- ing is based on data from the assessor's map and my own measurements of the location of the S.C.V.W.D. fence. (The drawing shows my property line, not my fence line). The city has closed the walkway and is in the process of deeding it to the residents to which it is adjacent.When my neighbor's fence and mine are adjusted, it will create an awkward inaccessible space between my fence, my neighbor's fence and your fence. This is because the S.C.V.W.D. fence follows the radius of the creek rather than the property line (see drawing). This inaccessible area is outside the S.C.V.W.D. fence, but inside the S.C.V.W.D. property line. The city has been maintaining the area as part of the walkway, but when it is abandoned, it will be the S.C.V.W.D.'s burden to maintain. I am requesting that the S.C.V.W.D. file a Quit Claim on the otherwise-to-be-inaccessible area outside the S.C.V.W.D. fence (shown shaded on drawing) allowing me to position my fence closely parallel to the S.C.V.W.D. fence, eliminating the awkward space and the resulting mainte- nance issue. Thank you very much for your consideration. Sincerely, enclosure: drawing cc: c~Robert Kass, Public Works Director, City of Campbell Paul Tornatta, 1530 Archer Court ! / Lot 27 Lot 32 / Lot 31 William & Rebecca Soley 1190 Archer Way Campbell, CA Santa Clara County Book: 403 Page: 13 Parcel: 67 Tract: 4303 Lot: 30 Lot 30 ' ~ ~--s c v w D  / \ (existing) \ Lot 29 / Lot 28 ~, / / / / / / / /' / / / / / '~ / / x, \ \ S.C.V.W.D. Lot 54 / / / / / / fence / ¢ity '/ Council Report Item: Category: Date: Public Heatings and Introduction of Ordinances September 3, 1996 TITLE: Petition to Close the Pedestrian Access Between Archer Way and Hacienda Avenue RECOMMENDATION: Authorize the closure of the pedestrian access between Hacienda Avenue and Archer Way and direct staff to initiate procedures to abandon the fight of way and to monitor police incidents on neighboring streets. BACKGROUND: June 7, 1996 The City received the attached letter requesting closure of the pedestrian access from Hacienda Avenue to Archer Way. Mr. Carl Herrera cited concerns about safety, graffiti, littering, theft, vandalism, loitering and use of drugs by persons using the access. July 16, 1996 The petition (see attached) signed by most of the residents within the Archer Way neighborhood, was submitted. Mr. Herrera circulated the petition to residents of Fawn Court, Fawn Drive, Beth Way, Archer Way and Archer Court (see attached neighborhood map). August 6,1996 The City Council referred the petition to staff to prepare a staff report and notify the affected neighborhoods. Staff has notified residents in the Archer Way subdivision and residents who live along Hacienda Avenue, Harriet Avenue, Westmont Avenue, the San Tomas Neighborhood Association, and the pedestrian path has been posted with a notice of this public hearing. The Archer Way Pedestrian walkway was dedicated for public use in May 1968, upon recordation of the final subdivision map for the 5<~, .4ngle family 1o~ cxeated by Tract #4303.' """~.,'-- walkway is ~pp~oximately 250 feet !,~?: ~d 6 feet wide~ ~!~he walkway is ,, a. )0~ ,~,. ,~. ~:, ~th 8 3 foot w~a~ ~ne~te ~ 1~ fenc~g ~d a s~gle li~t ~le. Petition to Close the ~ ~lestrian Access Between Archer Way a~d Hacienda Avenue Page 2 The light standard is approximately 15 foot high, and is located at the point where the walkway angles, about midway along the walk. The walkway is bordered by two single family homes that front on Archer Court and one single family home that fronts on Hacienda Avenue and a concrete lined channel that encompasses Smith Creek (see the attached neighborhood and assessor maps). The actual walkway is as narrow as 3 feet adjacent to the brick pillars located off of Archer Court. Access From Archer Court The walkway was presumably constructed to provide access to the former San Tomas Elementary School. The San Tomas Elementary School site has been redeveloped into 36 unit single family homes with the 4.1 acre Jack Fischer park, located at the southern end next to Pollard Road, approximately 1/3 mile from the Archer Way neighborhood. The next closest neighborhood park is San Tomas Park, located on Fenian Drive (extension of Harriet Avenue) in the City of San Jose, approximately ½ mile away from the Archer Way neighborhood. DISCUSSION: Pedestrian Access The pedestrian walkway currently provides access from the Archer Way subdivision to the Rollinghills Shopping Center, Jack Fischer Park and the subdivisions located to the south. It also provides students a short cut when walking to or from Westmont High School from adjacent neighborhoods and the County Transit bus stop at Burrows Road and Hacienda Avenue. Weeds and Graffiti Petition to Close the l',,aestrian Access Between Archer Way aua Hacienda Avenue Page 3 Closure of the walkway will increase the distance to walk to .lack Fischer Park for residents in the Archer Way subdivision by approximately ½ mile. Also, it will require that residents of Westmont Avenue and adjacent areas walk around the block (down Harriet Avenue and Hacienda Avenue) to access the park. There will be some loss of convenience and tendency to discourage pedestrian or bicycle access to facilities in the neighborhood. This loss of convenient access is usually more significant for the elderly, handicapped or families with small children. Condition of the Walkway The walkway width varies from approximately 6 feet to as little as 3 feet between the brick pillars off of Archer Court. There is graffiti on a wood fence which is exposed to passing pedestrians and weeds are growing between the wood fence and the chain link fence which parallels the Santa Clara Valley Water District Channel and between the walkway and the wood fence portion located oft' of Archer Court. Weeds Between Fences Parallel to Channel Police Incidents The following chart labeled "Police Incidents Potentially Related to Pedestrian Activity" outlines the reported police incidents in the neighborhood from June 1995 to June 1996. The types of activity include reported incidents of disturbances, suspicious persons, theft, vandalism, assault or persons with or under the influence of drugs or alcohol. The statistics do not include calls that are not related to pedestrian activity, such as barking dogs or domestic incidents. The chart also relates the number of incidents to the number of homes and street length to provide a comparison between the level of activity in the Archer Way subdivision to activity along Hacienda, Harriet and Westmont Avenues. Jestrian Access Between Archer Way ,, , Hacienda Avenue Petition to Close the~ Page 4 Police Incidents Potentially Related to Pedestrian Activity June 1995 to June 1996 feet Statistics Hacienda (1) Harriet (2) Westmont (3) Archer (4) Totals # of homes 34 24 30 52 140 length of street(s) in feet 1400 1100 1400 1900 5800 comment n.i.c, commercial (5) tract Total/ pe of Incident (6) Average Disturbances 2 0 3 4 9 Suspicious Person 11 4 5 3 23 Theft 6 0 2 3 11 Vandalism I I 3 2 7 ~,ssault 0 I 0 0 1 'Drugs/Alcohol 1 0 0 I 2 Tote'I 211 61 131 13 53 mmary (7) Ilncidents/10homes/ r. 6.2 2.5 4.3 2.5 32 Incidents/street mile/yr. 79.2 28.8 49.0 36.1 48.2 TYl Notes: ! 2 3 4 $ 6 7 Hacienda Avenue from Abbott Avenue to Harriet Avenue. Harriet Avenue from Hacienda Avenue to Wes~nont Avenue. Westmont Avenue from the west leg of Harriet Avenue to the east leg of Harriet Avenue just east of Archer Way. Archer Way, Archer Court, Beth Way, Fawn Drive and Fawn Court. Police incidents for Hacienda do not include incidents occurring at the Rollinghills Shopping Center. The types of incidents only include those potentially related to pedestrian activity. The summary relates the number of incidents to number of bomes and length of the street. Mr. Herrera feels that the statistics on reported incidents under-represents the problem of nuisance and disturbances attributable to the walkway because many of the minor disturbances are not reported to the police. Residents may try to address the disturbance themselves or simply ignore the incident. The number of reported incidents for the year seems to be high for a subdivision that is essentially closed off from the surrounding area. Staff would not expect the rate of incidents per 10 homes or per mile of street to approximate the more heavily traveled Harriet Avenue. Also, while a closed neighborhood may have a higher degree of Petition to Close the l~=destrian Access Between Archer Way and Hacienda Avenue Page 5 surveillance between homes there is less likelihood of visibility from passing motorists. The walkway may be causing more police incidents especially during the school year. Staff is concerned that closing the walkway will shift bicycle and pedestrian traffic from the walkway to Hacienda, Harriet and Westmont Avenues and could result in an increase in criminal and traffic incidents along these streets. If the Council chooses to close the access, staff recommends that the Police Department report any increase or decrease in activity along Hacienda, Harriet and Westmont Avenues. The Strategic Plan contains objectives that encourage connecting neighborhoods together and connecting residents to community resources. The Strategic Plan also encourages providing an improved feeling of safety. In this case there is a conflict between the two community objectives. Clearly, there is a perception that the walkway reduces the feeling of safety within the Archer Way neighborhood. FISCAL IMPACT: If the Council chooses to close the access the City will incur costs to remove most of the public improvements, such as the concrete path, metal posts and 15 foot light standard. The adjacent residents may elect to retain some of the improvements, such as the brick pillars. The costs to remove the improvements will be offset by savings from not having to maintain the walkway. Light SUnd~Fd ALTERNATIVES: 1) Do not close the pedestrian access and encourage residents to do the following: 2) a) Organize a neighborhood watch program with the assistance of the Police Department. b) Report Crime and suspicious activity to enable the Police Department to more effectively intervene. Delay closing the access for six months to determine the extent of use of the walkway after classes resume at Westmont High and Jack Fischer Park is opened. During this time the City would do the following: Petition to Close the i..,estrian Access Between Archer Way a..~ Hacienda Avenue Page 6 3) a) Encourage residents to organize a neighborhood watch program with the assistance of the Police Department and to report crime and suspicious activity to enable the Police Department to assess the effectiveness of the neighborhood watch program. b) Gather data from this citizens group and the Police Department to assess the effectiveness of the neighborhood watch program. Temporary close the walkway. Obtain data from 'the Police Department on any increase or decrease in criminal and traffic activity along Hacienda, Harriet and Westmont Avenues. Reopen the walkway if undesirable activity increases on these streets. Attachments: 1) Letter dated June 7, 1996 2) Petition received on July 16, 1996 3) Neighborhood~~I~ Prepared By.~~~ ..~ ' Steve"Piaseckf Community Development Director Reviewed By: ~ ~L~ David Gullo Chief of Police Approved By: Barbara Lee Interim City Manager June 7,1996 Dan Furtado, Councilman Mark Ochendusko, City Manager Nelson Fialho, Public Works Campbell City Center 70 N. First Street Campbell, CA 95008-1423 Subject: Hacienda RECEIVED JUl. 1 6 1996 CITY OF' cAMpBELL CITY MANAGER'S OFFICE Petition to Close the Pathway Between Archer Way and Ave. City of Campbell: A startling number of vagrant crimes, thefts and burglaries have occurred in the past two years on Archer Way, Beth Way and Fawn Drive. We, the home owners of this neighborhood, have observed that the crime rate has increased as the foot traffic on the pathway between Archer Way and Hacienda Avenue has increased. Until recently, the pathway provided a shortcut to San Tomas Elementary School and the Rolling Hills Shopping Center on Hacienda Avenue. Today, however, the elementary school no longer exists and the shopping center is 90% closed. Remaining store owners have confirmed that they must relocate within the year. If the shopping center is replaced with homes, as was San Tomas School, the foot traffic through the Archer Way/Hacienda pathway will increase even more, causing the owners of our tract more grief and losses As most home owners in the neighborhood will confirm, the pathway has become an "attractive nuisance." It is used extensively by teenagers as a stop-off point on their way to and from Westmont High School. It is also used by the local 'drinkers" on their way home from the bar at I and 2 am. Page 2 provides a summary of the troubling incidents and problems this neighborhood is experiencing. We respectfully request that the city close the pathway to help restore the peace and quiet once experienced in our neighborhood. Time is of the essence--we believe the path needs to be closed prior to the beginning of the Fall school term. If the pathway doesn't exist when the new school term begins, students will find another way to school. However if their daily pattern is disrupted mid term, we may experience more negative and destructive behavior. Please contact Carl Herrera (378-8435) for any additional information or answers to any questions you may have. Respectfully submitted, The Home Owners of Archer Way, Archer Court, Beth Way, Fawn Drive and Fawn Court Problems and Incidents from Increased Foot Traffic on Archer Way/Hacienda Avenue Pathway -Graffiti On light poles, fences and power boxes · Vandalism (to private property) Damage to mail boxes on curb and landscaping · Vandalism (to autos) Antennas, mirrors and windows broken · Theft/burglary (from autos) Stereos, tapes, cellular phones and personal valuables. · Theft/burglary (from houses) Mail, packages and yard decorations .Littering Cans, bottles, food wrappers and cigarette butts · Teenage loitering Hanging around houses, pathway, having arguments, fist fights and verbal harassment of residents. · Drug use Smoking marijuana and cigarettes · Alcohol related nuisance Bar at Rolling Hills Shopping Center creates foot traffic through pathway late at night. Page 2 Trustees Roderick W. MacDermott Lillian E. Moore George R. St. Clair Diane E. Ungurean Henri R. Zander June 11, 1996 To whom it may concern: As dean of students at Westmont High School, I speak on behalf of the entire staff, when expressing a sincere interest and concern on how the behavior, actions and attitudes of our students affect the environment and lives of residents in the immediate vicinity. The pathway between Archer Way and Hacienda Avenue, for a prolonged period of time, has been and continues to be an annoying problem, and a source of many complaints and telephone calls to the school. The students use this pathway as an opportunity to loiter, litter and tag graffiti. Recently, I met with Mr. Carl Herrera, an involved resident and spokesman, to discuss the problem and the probable solutions for eliminating the nui- sance. In our opinion, the logical and only positive solution is to close the pathway. This certainly will benefit the neighbors, as well as the school, by reducing the number of telephone complaints. There are ample alternate routes and streets that the students can use so the closure of the path certainly will not create a hardship. It is my sincere hope that the City of Campbell will give this clo- sure request their sincere consideration. Your cooperation is greatly ap- preciated. Thank you. Dean of Students Westmont High School cc: Carl tlerrera 3235 UNION AVENUE, SAN JOSE, CALIFORNIA 95124-2096 PHONE: (408) 371-0960 FAX: (408) 371-0673 I~LACKFORD HIGH SCHOOL/Alternative Ed. DEL MAR HIGH SCHOOL LEIGH HIGH SCHOOL PROSPECT HIGH SCHOOL WESTMONT HIGH SCHOOL Frank Fillce. Princ:pal R~,hard Robbins, Principal James Russell. PrmC~oal Bruce Safllo~e$. Pr~nC~Oal Terry Pelu$o. Princ~oal 241-0330 298.0260 377.4470 253-1662 378-1500 AN EQUAL OPPORTUNITY EMPLOYER r ~CEIVED Petition to Close Pathway Between Archer Way ~JUL 1 6 1996 CITY. ~F ¢,~P. BELL a n R. AI]~II~Pi~?.Ave n u e _Name and Address Phone Number ;.56 Petition to Close Pathway Between Archer Way and Hacienda Avenue Name and Address PhQne Number Petition to Close Pathway Between Archer Way and Hacienda Avenue Name and Address Phone Number I I Archer ! ! £/99 ?R,,4¢r ,vo. J2Z2 4 4 / ~ B lO 15 . , 8E · 37 3G 35 34 TOZ. OS,4A'O 24 · ] 21 22 '" t CONSIS BEING, LOVELL RINCON. LYING W STATE ( SCALE f',, Pedestrian Access t '1o -' 1595 "17. "10 GO 1565 1545 HACIEFID/~ ~9 ~2 ~ ~~, '- I . ...:.,15/5 1545 15~5 '...__/.: EC AVENU ~.c.v.w.D. o.o4. ~.~. lllACKAY & $OBPS CIVIL ENGINEERING LAND PLANNING LAND SURVEYING October 1, 1996 Michelle Quinney, P.E. City Engineer City of Campbell 70 North First Street Campbell, California 95008-1423 Re: Vacating Pedestrian Way - Tract 4303 Between Archer Way and Hacienda Avenue Dear Michelle:: Based on City Council hearing, the City staff has been directed to prepare documents to vacate and quit claim the six.foot wide pedestrian way dedicated by Tract No. 4303. To assist staff in preparation of the needed plats and descriptions, MacKay & Somps proposes the following professional service products: 1. Prepare plat for area to be vacated including research. 2. Prepare property description of same. 3. Prepare plat reflecting areas to be quit claimed to adjacent owners within tract boundary including calculations, etc. 4. Prepare three property descriptions reflecting three quit claim areas. 5. Reserve for revisions modifications and staff processing support. The City will provide a title report for the prior to finalizing the documents listed above. Additionally, they will contact USA or respective utilities to verify if any utilities exist within the pedestrian way other than the PSE's. We would propose to complete Item 1, 2 and 3 with seven days of authorization. Item 4 (descriptions and quit claims) and 5 would be completed following Council action authorizing vacation and quit claims. The following schedule projects our manpower requirements and budget: Hours by Classification Item No. EM SLS AS C Budget 1. 2 2 2 $568 2. 1 4 2 468 3. 1 1 4 488 4. 1 1 6 3 750 5. 4 488 (if required) 8 5 16 5 $2,738 We would suggest and authorization of $2,800 with services to be performed on a time and materials basis per attached hourly rate schedule. Should you have specific questions, please call. We can proceed immediately as noted above. Thank you for this opportunity to again be of service to the City of Campbell. ~,~,ff')7 truly yours,~ MAC K,~X~Y~ps Ben ~ Publl~rOJ'bcts Division 1955 THE ALAMEDA SAN JOSE, CALIFORNIA 95126-1484 PHONE (408) 985-0960 FAX (408) 985-8668 OFFICES: FAIRFIELD PLEASANTON ROSEVILLE SACRAMENTO SAN JOSE EXHIBIT A February 1, 1995 HOURLY RATE SCHEDULE -APRIL 1, 1995 TO MARCH 31, 1997 OFFICE AND PROFESSIONAl, PRINCIPAL ....................................................................................................... $128.00 PER HOUR ENGINEER/PLANNING MANAGER ................................................................ $120.00 PER HOUR PROJECT MANAGER ........................................................................................ $108.00 PER HOUR SENIOR ENGINEER/PLANNER/LAND SURVEYOR ......................................... $96.00 PER HOUR ASSOCIATE ENGINEER/PLANNER/LAND SURVEYOR .................................. $84.00 PER HOUR ASSISTANT ENGINEER/PLANNER/SURVEYOR .............................................. $68.00 PER HOUR JUNIOR ENGINEER/PLANNER/SURVEYOR ..................................................... $54.00 PER HOUR PRINCIPAL TECHNICIAN ................................................................................. $80.00 PER HOUR SENIOR TECHNICIAN ...................................................................................... $62.00 PER HOUR TECHNICIAN .................................................................................................... $50.00 PER HOUR ADMINISTRATIVE ASSISTANT ........................................................................ $52.00 PER HOUR CLERICAL ........................................................................................................... $38.00 PER HOUR OFFICE ASSISTANT/COURIER ......................................................................... $30.00 PER HOUR FIELD FIELD CREW SUPERVISOR ............................................................................... $80.00 PER HOUR 3 MAN FIELD PARTY INCLUDING EDM EQUIPMENT ................................... $206.00 PER HOUR 2 MAN FIELD PARTY INCLUDING EDM EQUIPMENT ................................... $155.00 PER HOUR OTHER MILEAGE ................................................................................................................. $0.30 PER MILE OUTSIDE CONTRACT WORK ...................................................................................... COST + 15% OVERTIME WORK ..................................................................................REGULAR HOURLY RATE PLUS 20% SPECIALIZED COMPUTER SYSTEM SERVICES .................... $15.00 DOLLARS AN HOUR PLUS PERSONNEL CHARGE @ HOURLY RATE GLOBAL POSITIONING SYSTEM SERVICES (GPS) .................................... $70.00 DOLLARS PER HOUR PLUS PERSONNEL CHARGE @ HOURLY RATE Hourly fees earned after March 31, 1997, shall annually on October 1, be increased proportionally to the increase dictated by the San Francisco-Oakland-San Jose Consumer Price Index. CITY OF CAMPBELL Public Works Department October 2, 1996 Ed Knott TCI Cablevision 234 E. Gish Road San Jose, CA 95103-0114 Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to ArcherWay Dear Mr. Knott: For your information, the City of Campbell intends to summarily vacate and quitclaim its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archerutil.ltr(mp) 70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2150 · FAX 408.379.2572 - TDD 408.866.2790 NEW PW FAX ~ 408-376-0958 CITY OF CAMPBELL Public Works Department October 2, 1996 Alex Ovalle Pacific Bell 3475B North First Street San Jose, CA 95134 Re: Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way Dear Mr. Ovalle: For your information, the City of Campbell intends to summarily vacate and quitclaim its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archerutil.ltr(mp) 70 North First Street · Campbell, California 95008.1423 - TEL 408.866.2150 - FAX 408.379.2572 . TO[) 408.866.2790 NEW PW FAX ~ 40~-376-095B ,~.oF'C4~ ~' CITY OF CAMPBELL Public Works Department October 2, 1996 Ed Mello San Jose Water Company 1221 S. Bascom Avenue San Jose, CA 95128 Re: Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way Dear Mr. Mello: For your information, the City of Campbell intends to summarily vacate and quitclaim its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archerutil.ltr(mp) 70 North First Street · Campbell, California 95008. 1423 · TEL 408.866.2150 - r^x 408.379.2572 . TDD 408.866.2790 NEW PW FAX # 408-376.0958 .o~'C~,%~ CITY OF CAMPBELL Public ~/orks Department October 2, 1996 Robert Reid, District Manager West Valley Sanitation District 100 E. Sunnyoaks Avenue Campbell, CA 95008 Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way Dear Mr. Reid: For your information, the City of Campbell intends to summarily vacate and quitclaim, its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archemtil.ltr(mp) 70 North First Street · Campbell, California 95008. 1423 - TEl. 408.866.2150 . FAX 408.379.2572 · TDD 408.866.2790 NEW PW FAX # 408-376-095B .co~'Caas% CITY OF CAMPBELL Public Works Department October 2, 1996 Larry Berg Pacific Gas & Electric Co. 10900 N. Blaney Avenue Cupertino, CA 95014 Re: Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way Dear Mr. Berg: For your information, the City of Campbell intends to summarily vacate and quitclaim its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archerutil.ltr(mp) 70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2150 - FAX 408.379.2572 . TDD 408.866.2790 NEW PW FAX # 408-376-0958 .0¥' C4A/,o O/?CHAgO' CITY OF CAMPBELL Public Works Department October 2, 1996 Sue Tippets Santa Clam Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Re: Vacation of Pedestrian Way in the City of Campbell Contiguous to Lots 29, 30 and 54 of Tract 4303 from Hacienda Avenue to Archer Way Dear Ms. Tippets: For your information, the City of Campbell intends to summarily vacate and quitclaim its interest in the above referenced pedestrian pathway to the contiguous private property owners of Lots 29, 30 and 54 of Tract 4303. The subject pedestrian way and lots are shown on the attached maps. The vacation has been initiated at the request of the property owners in the neighborhood and is scheduled for consideration by the City Council at 7:30 p.m. on October 21, 1996. Please contact Harold Housley, Land Development Engineer, at (408)866-2158, or Michelle Quinney, City Engineer, at (408)866-2159 on or before October 21, 1996 if you have any questions concerning this matter. Attachments: Location Map Tract Map No. 4303 cc: File: 1222 Hacienda h:\archemtil.ltr(mp) 70 North First Street · Campbell, California 95008 1423 · TEL 408.866.2150 - F^X 408.379.2572 - TDD 408.866.2790 NEW PW FAX ~ 4~0B-376-095R AdrlQ )veil ~rJd LOCATION MAP - ARCHER/HACIENDA PEDESTRIAN WAY be Dan Bryant, 41 Heritage Village, Campbell, appeared before the City Council and expressed concerns regarding the rental mediation process. Mayor Dougherty stated that staff will be reporting back on thin issue in approximately 30 to 60 days. Ce Howard Bainbridge, 225 Union Avenue #15lA, Campbell, appeared before the City Council and expressed concerns regarding the rental mediation process. Mayor Dougherty stated that staff will be reporting back on thin issue in approximately 30 to 60 days. de Barbara Merino, 225 Union Avenue #152A, Campbell, appeared before the City Council and expressed concerns regarding the rental mediation process and inadequate notification to tenants regarding the process. Mayor Dougherty stated that staff will be reporting back on t_hi.~ issue in approximately 30 to 60 days. Mark Smolinski, 225 Union Avenue #106A, Campbell, appeared before the City Council and expressed concerns regarding the rental mediation process. Mayor Dougherty stated that staff will be reporting back on this issue in approximately 30 to 60 days. PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 16. Public Hearing Re: Closure of the Pedestrian Access Between Archer Way and Hacienda Avenue This is the time and place for a public hearing to consider the closure of the pedestrian access between Archer Way and Hacienda Avenue. Community Development Director Piasecki - Staff Report dated September 3, 1996. Mayor Dough, try declared the public hearing open and asked if anyone in the audience wished to be heard. Kevin Corwin, 1132 Fawn Drive, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Carl Herrera, 1580 Beth Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Minutes of 9/3/96 City Council Meeting 6 Ellen Finch, 1593 Hacienda Avenue, Campbell, appeared before the City Council and spoke against closing the pedestrian access stating that there are no paved sidewalks in her neighborhood and closing the pathway will eliminate access to a neighborhood with paved sidewalks. Peggy Redpath, 1140 Fawn Drive, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Ron Howie, 1159 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. William Soley, 1190 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Paul Tornatta, 1538 Archer Court, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Barbara Thorne, 1126 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. John Kilpatrick, 1134 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Carol Anderson, 1167 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Dawn Vadbunker, 1360 Burrows Road, Campbell, appeared before the City Council and spoke against closing the pedestrian access between Archer Way and Hacienda Avenue stating that it will eliminate the connection between neighborhoods. Margaret Estep, 1320A Hacienda Avenue, Campbell, appeared before the City Council and spoke against closing the pedestrian access between Archer Way and Hacienda Avenue stating that it should remain open for the convenience and safety of all pedestrian~ and cyclists. Carl Bernstein, 1208 Steinway Avenue, Campbell, appeared before the City Council and spoke against closing the pedestrian access stating that he uses the pathway to access Westmont High School. Minutes of 9/3/96 City Council Meeting 7 Harry Greenwo , .609 Hacienda Avenue, Campbell, apg ed before the City Council and spoke in support of staff recommendation//2 to delay closure of the access for 6 months, encourage residents to form a Neighborhood Watch Program, and gather data from the neighborhood and Police Department to determine the effectiveness of the Neighborhood Watch Program. Susanne Waher, 1381 Estrellita Way, Campbell, appeared before the City Council and stated that if the pedestrian access is closed the connection to both neighborhoods will be lost. I7. Trudy Vierra, 1133 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. Kay Price, 1126 Archer Way, Campbell, appeared before the City Council and spoke in support of closing the pedestrian access between Archer Way and Hacienda Avenue. There being no one else wishing to speak, Mayor Dougherty closed the public hearing. In the discussion that followed, it was the consensus of the City Council to close the pedestrian access. City Councilmembers also discussed how the access will be closed, and expressed concerns that individuals might be able to access the pathway until it has been closed permanently and the right-of-way has been abandoned and property owners have extended their fences. M/S: Burr/Conant - that the City Council authorize the immediate closure of the pedestrian acess between Hacienda Avenue and Archer Way, and direct staff to initiate procedures to abandon the right of way and to monitor police incidents on neighboring streets. Motion adopted unanimously. City-initiated Text Amendment to Chapter 21.55 (Residential Setbacks and Open Space) and Chapter 21.64 (Non-conforming Buildings) of the Zoning Ordinance to Require Greater Sideyard Setbacks for Corner Residential Lots and to Allow Residential Additions to Non-conforming Structures (Introduction of Ordinance/Roll Call Vote) This is the time and place for a public hearing to consider a City-initiated Text Amendment to Chapter 21.55 (Residential Setbacks and Open Space) and Chapter 21.64 (Non-conforming Buildings) of the Zoning Ordinance to require greater sideyard setbacks for comer residential lots and to allow residential additions to non-conforming structures. Associate Planner Haley - Staff RePort dated September 3, 1996. Mayor Dougherty declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Dougherty closed the public hearing. Minutes of 9/3/96 City Council Meeting