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Burnham Ct. PSERESOLUTION NO. 7168 BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEMENT ACROSS LOTS 19 AND 20 OF TRACT NO. 2631 WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California, pursuant to the provisions of Divisi~on 9, Part 3, of the Streets and Highways Code of the State of California, did heretofore, on the first day of April, 1986, pass upon and adopt its Resolution of Intention to vacate a portion of that certain pub- lic service easement across Lots 19 and 20 of Tract No. 2631; and WHEREAS, the hour of 7:30 p.m. of this 6th day of May, 1986, in the Council Chamber at City Hall, 70 North First Street, Campbell, California, are the time and place set for hearing all persons in- terested in or having objections to said proposed vacation; and WHEREAS, the City Council of said City of Campbell finds and deter- mines from the evidence submitted that the portion of that public service easement hereinafter described be, and it is hereby, vacated, abandoned and closed to public use. The portion is more particularly described as followsz All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: All those easements across Lots 19 and 20 designated as PSE and WCE on the map of Tract No. 2631, San Tomas Terrace, which map was filed on October 1, 1962, in the office of the Recorder of Santa Clara County in Book 152 of Maps at page 42; Subject to the reservations of public service easements five feet wide adjacent to the westerly boundary of said Lot 20 (described as South O° 03' 10" East, 78.OO'feet); and five feet wide, adjacent to the easterly boundary of Lot 19 (described as South 4° 47' 38" West, 60.34 feet); and 10 feet wide adjacent to the southerly boundary of Lots 19 and 20 described as South 88° 54' 02" West, 120.69 feet and 58.47 feet; and 1 of 2 Subject to the reservations of wire clearance easements of the uniform width of five feet adjacent to the pre- viously described five-foot-wide public service easement adjacent to the westerly line of said Lot 20;~and.a wire clearance easement five feet wide adjacent to the pre- viously described five-foot-wide public service easement adjacent to the easterly line of Lot 19. PASSED AND ADOPTED this 6th 1986, by the following vote: day of May AYES: NOES: ABSENT: Councilpersons: Councilpersons: Councilpersons: Ashworth, Doetsch, Watson, Podgorsek, Kotowski None None APPROVED: Michael F Kotowski Mayor ATTEST: RESOLUTION NO, 7126 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEMENT ACROSS LOTS 19 AND 20 OF TRACT NO. 2631, AND SETTING A TIME AND PLACE OF THE HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Superintendent of Streets of the City of Campbell has sub- mitted a report to this City Council stating that a certain portion of the public service easement hereinafter described is unnecessary for present and/or prospective public street purposes; and WHEREAS, the City Council of the City of Campbell finds and determines that said certain portion of the easement in the City of Campbell, a map and description of which portion are on file in the office of the City Clerk of the City of Campbell, at City Hall, 70 North First Street, Campbell, California, is not necessary for present or for prospective public purposes; and WHEREAS, the City Council of the City of Campbell finds and determines that it is in the best interest and for the betterment of the general welfare of the citizens of the City of Campbell and of the public at large that said portion of the easement be vacated; and WHEREAS, the City Council of the City of Campbell does hereby elect to proceed in accordance with the provisions of Division 9, Part 3, of the Streets and Highways Code of the State of California, known as Public Streets, Highways, and Service Easements Vacation Law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS: Section One: That it is the intention of the City Council of the City of Campbell to vacate, abandon and close to public use that certain portion of the public easement in said City, a map and description of which por- tion are on file in the office of the City Clerk of the City of Campbell, at City Hall, 70 North First Street, Campbell, California, reference to which map and description is hereby made for further particulars. Section Two: Notice is hereby given that Tuesday, the 6th day of May, 1986, at the hour of 7:30 o'clock p.m. of said day, in the City Council Chamber at the City Hall, at 70 North First Street, Campbell, California, is hereby set as the time and the place for hearing all persons interested in or having objections to said proposed vacation. 1 of 2 Section'Three: IT IS HEREBY ORDERED AND DIRECTED that a copy of this Resolution of Intention be published not less than ten (10) days prior to the date of the hearing, and that Notices of Public Street Vacation be posted conspicuously along the lines of the street or part thereof proposed to be vacated at least two (2) weeks prior to the date set for the hearing thereon. Such notices shall be posted not more than three hundred (300) feet apart, but at least three (3) such notices shall be posted for each portion. Such notices shall state the passage of the Resolution of Intention and announce the time and the p]ace of the hearing on the proposed vacation. PASSED AND ADOPTED this 1986, by the following vote: day of April AYES: NOES: ABSENT: Councilpersons: Councilpersons: Councilpersons: Ashworth, Doetsch, Watson, Podgorsek, Kotowski None None Ann~ G, Coyne, Eity Cl&rk THE FOREGOING INSTRUMENT IS A TRUe AND COF;,2F~CT CC~Y OF THE ORIGINAl ON FIL~ I[J iHlG CF:~CE. ATTEST: A:J:J2 G. COY;,~j~, CITY CLERK 2 of 2 EXHIBIT ~A~ All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: All those easements across lots 19 and 20 designated as PSE and WCE on the map of Tract No. 2631, San Tomas Terrace, which map was filed on October 1, 1962, in the office of the Recorder of Santa Clara County in Book 152 of Maps at page 42; Subject to the reservations of Public Service Easements five feet wide adjacent to the westerly boundary of said lot 20 (described as South 0° 03' 10" East, 78.00 feet); and five feet wide, adjacent to the easterly boundary of lot 19 (described as South 4° 47' 38" West, 60.34 feet); and 10 feet wide adjacent to the southerly bound- ary of lots 19 and 20 described as South 88° 54' 02" West, 120.69 feet and 58.47 feet; and Subject to the reservation of Wire Clearance Easements of the uni- form width of five feet adjacent to the previously described f~ve~ foot-wide Public Service Easement adjacent to the westerly line of said lot 20 and a Wi're Clearance Easement five feet wide adjacent to the previously described fi'¥e-foot-w~,de Public Service Easement adjacent to the easterly llne of lot 19'. PROOF OF PUBLICATION 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF C~BELL STATE OF CALIFORNIA COUNTY OF SANTA CLARA City of Campbell ..................... Z~..P..9.~b...~n~x. ~..&~wmu~ .......................................................... .................... .~am~.~ll~...C~ ..... .~OO~ ................................................................ RESOLUTION NO. 712.~o ~1252-E.X.~ .............................. STATE OF CALIFORNIA, COUNTY OF SANTA CLARA ss. ?he tg~lefsi0.'4~ ~ first ~ ~vorf% CJe~ atKJ r~ys: That at ~11 limes h~feb'tatter mentk:x'ied a~e ~t~ ~s; a~ ~s at and ~ afl ~ t~ a~ sta ~ t~ ~al ~ of t~ ~n ~ M~ ~ a ~ ~ O~tel ¢i~1~ ~t~ a~ ~ daay ~ t~ ¢~ of ~an J~ ~ ~ ~ty of Santa ~ra. Stale of ~1~. t~l ~ ~n ~ M~ N~ · and was t~ ~l~ ol ~l ~ te~ra~ ~ a~ ~tel~e ol a ~ral ~ ~ ~s ~ ~ta~. ~t~e~ ~ ~ I~ ~id city ol San ~ ~ ~ ~n~ ~ State ~ w~ Mt ~ t~ ~t ~ t~n ~r~ a~ w~ ~e~ ~th ~ds ~t~ ~ ~-Ia~ ~ not ~t~to~~t~~a~x~at~l~c~y'was ~ ~ ~ t~ I~ ~t~ I~: April 16, 1986 ..................................... 17th' c~yc~ Ap~.i.% ............ ,~ B.6. ............................................. I decide ~ penury of pMjur/that lhl Io~eOS~g i8 frye of'~ co. ecl. , ........................ IIE~LImON S~. 71 ~ I~11 A BEJILI~MI M INTEIITiOM M TNE ~TY CIMIClL I~ TM ~TY IF rWJIIELL ~JlTY IF $AiTA r~J~J~ m ~ M~ ~ V~TE A ~ ~ T~T ~ ~ ~ N. ~1, ~ ~N A ~E AND ~E ~ ~ N~ ~N ~0 ~VIN N0~CE ~EflEOF. W~AS, ~ ~te~ent ~ Str~s of t~ Cl~ ~m~t ~ ~flK a r~ to this ~ ~uncil ~ ~t e ~ ~ ~ ~ K:,~c ~e ~ ~ ~cfl~ is unwary f~ ~E~. ~ ~ ~il ~ t~ ~ty ~ ~11 ~ ~ ~ ~ are ~ fl~ iff t~ o~ of t~ ~ ~ ~ ~ ff Cam~ll, at CI~ ~fl, 70 ~h First WH[~, h ~ ~ ~ ~ ~ ~ ~H ~ ~ ~ ~t ~ · · t~ ~st lnt~est a~ f~ ~ ~t ~ ~ ~ai ~re of ~ citizens ~ ~ ~ ~ ~m~l a~ of ~n ~ic at lar~ t~t ~ ~ ~ ~ N~t ~ va~: and ~ERE~, ~ CI~ ~ll ~ t~ Cl~ of CatapUlt ~s ~y ~t M ~ In accorda~ with the provlsl- ~ ~ ~ ~ ~ ~lif~nM, k~ is Pu~icStrNts, hwa~, I~ ~ Easts Vacati~ ~w; T~F~E, THE CI~ ~UNCIL OF T~ CiTY ~LL ~ES ORDAIN ~ FOLLOW: ~ ~, a ~ ~ ~lpt~ of ~t~ ~1~ are on ~ · ~ ~ ~ ~ C~ ~k ~ t~ City ~ ~mp~ll, ~ ~o ~h ~ aM ~ t~ ~eby ~ ~t~ T~: ~ ~ ~y. m ~ ~ ~ C~m~ at ~M~ "A" ~rl~ ~ f~: 16 ~ a~ WCE ~ ~ ~p ~ Tract ~. ~. ~n ~ ~ ~ ~s ~ Pu~ ~ Ear.ts ~ f~ ~ ad~t to ~ ~ter~ ~dndary of kt ~ (~ Ii ~ 0° ~' 10" hst, 78,~ flit); and ~ fNt ~, ~t ~ ~ ~et~iy ~ of ~ ~(~ M ~ 4° 47' ~" West, ~.~ f~t): ~ ~~ Ii~M' ~'~" West. ~ ~ ~ ~ ~ ad~t to t~ ~t ~t ~ ~ ~t~y li~ of ~ lot ~ ~~t ~iy~mt I~. W ~: ff ~ ~REBY ~DERED AND DIREC~D m ~ ~ ~ (W) ~ ~ e ~ Mte ~ ~d~, I~ ~t ~ M PW~ ~r~t VIeW ~W ~ h ~ ~ ~ 8t~t or N~ ~ ~ e M ~M~ at Wt.~ (2) ~ ~ M ~W ~ ~e~n mr~ ~ (~) ~ m~, ~t It mst ~ (3) Mfl ~M ~ ~ ~ ~u~ ~ Int~n AYES: ~W ~, ~h, Wa~, ,/ ]~U~N~R.~ CT. GAS AND ELECTR, IC COMPANY 111 ALMADEN BOULEVARD · P~ O. BOX 15005 · SAN JOSE, CALIFORNIA 95115-0005 · (408) 298-3333 March 4, 1986 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 NIAR 1 O 1986 ENGINEERING Attention: Joseph Elliott Re: Proposed abandonment of the easterly 5 feet of the westerly 10' P.S.E. along the westerly boundary line of Lot 20, Tract No. 2631; Our File 640 Gentlemen: In response to your recent request, this Company has no objections, and hereby consents, to the abandonment of the portion of P.S.E. and the W.C.E. at the subject location as shown in red on the attached drawing; however, the following easements (shown in yellow) must be retained along the property lines of Lots 19 and 20 of Tract No. 2631 for the protection of the Company's existing facilities: 1. Five foot wide P.S.E. together with a five foot wide W.C.E. along the westerly boundary line of said Lot 20. 2. Ten foot wide P.S.E. along the southerly boundary lines of said Lots 19 & 20. 3. Five foot wide P.S.E. along the easterly boundary line of said Lot 19. Five foot wide W.C.E. lying continguous to and westerly of the westerly boundary line of the 5 foot wide P.S.E. along the easterly boundary line of Lot 19. To initiate formal abandonment proceedings, please submit the original of this letter, together with the attached, to the City of Campbell within 90 days of the above date. Failure to file within this period will invalidate this letter. Additional letters of consent will be required from the other utility companies serving your area. As a condition of this consent, we request that our San Jose Regional Land Department be supplied with a certified copy of the final resolution of abandonment by the City. City of Campbell March 4, 1986 Page 2 Should you have any questions concerning this abandonment, please contact Mr. Mahyar Kangarlou, of our Land Department, at the letterhead address, telephone (408) 282-7401. Thank you for this opportunity to be of service. Sincerely, LARRY E. ENGLUND Regional Land Superintendent Attachment March 7, 1986 PACIFICQ BELL A Pacific Telesis Company RECEIVED MAR 1 3 1986 PUBLIC ~'Ok KS ENGINEERING James Penoyer City of Campbell 70 North First Street Campbell, CA 95008 Dear Mr. Penoyer: This is in reference to your letter dated February 14, 1986, requesting the proposed abandonment of the Public Service Easement and Wire Clearance Easement across Lots 19 and 20 of Tract No. 2631 in the City of Campbell, County of Santa Clara, State of California. We have no facilities involved and therefore do not request a reservation or object to the proceedings. Yours truly, Peter H. Walde Assistant Manager - Right of Way File: CMBLI.1 ECEIVED FEB 18 1986 PUBLIC ENGINEERING Gill Cable A division of Gill Industries, Inc. Offices Address: 234 East Gish Road San Jose, California (408) 998-7333 Marlin9 Address: Box 114 San Jose, CA 95103-0114 February t0, 1986 City of Campbell 70 N. First St. Campbell, Calif. 95008 ATTN: James Penoyer RE: Abandonment of Easement of Lots 19 & 20 Tract 2631 Dear James, We have reviewed your proposal to abandon the Public Service Easement as shown on the Tentative map prepared by Allied Engineering, and determined that this Easement area is not required in order for Gill Cable TV to serve the property. We, therefore consent to the abandonment of this Easement. S!~c er ly, _~. -~'~[ Gary T .}Aze'v~do DirectO~r Systems DeS-~gn & Construction GTA:dg Enclosures COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 RECEI~'-D FEB 12 1986 PUBLIC ENGINEERING SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SARATOGA UNINCORPORATED AREA February 11, 1986 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 RE Abandonment for a PSE across the back of lots 19 and 20 of Tract 2631 Gentlepersons: This Sanitation District neither has nor intends to construct sewer in the area of the proposed PSE. In short, we have no objections to its abandonment. Preston R. Nichols Assistant District Engineer PRN/mb .99'1,/I '1 ,£o oO N CITY AMI BELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Works February 14, 1986 Pacific Bell Attention: Mr. Peter Walde 1333 Lawrence Expressway, Room 300 Santa Clara, CA 95051 CI-,SE Gentlemen: The City of Campbell has been asked to abandon the Public Service Easement and Wire Clearance Easement across Lots 19 and 20 of Tract No. 2631. The applicant has already approached Pacific Gas & Electric Company and received its conditional consent. PG&E is agreeable subject to the retention of a 10-foot PSE along the southerly boundary, a 5-foot PSE along the easterly and westerly boundaries, and a 5-foot WCE ad- jacent to the easterly and westerly PSE's. The areas to be vacated and the easements to be retained are shown on the attached drawing. We need to have your comments before proceeding with this request. Please direct your response to the undersigned. Sincerely, Joseph Elliott Director of Public Works James Penoyer Engineering Technician JP/le encl. I ITY OF I AMPBELL 70 NORTH FIRST CAMPBELL, CALIFORNIA (408) 866-2100 STREET 95008 Department: Public Works February '3, ]986 Gentlemen: The City of Campbell has been asked to abandon the Public Service Ease- ment and Wire Clearance Easement across Lots ]9 and 20 of Tract No. 263]. The applicant has already approached Pacific Gas & Electric Company and received its conditional consent. PG&E is agreeable subject to the re- tention of a 10-foot PSE along the southerly boundary, a 5-foot PSE along the easterly and westerly boundaries, and a 5-foot WCE adjacent to the easterly and westerly PSE's. The areas to be vacated and the easements to be retained are shown on the attached drawing. We need to have your comments before proceeding with this request. Please direct your response to the undersigned. Sincerely, Joseph Elliott Director of Public Works ~'ames Penoye r Engineering Technician JP/le encl. Pacific Telephone ATTN: Mr. T. J. Scully 2 N. Second Street, Rm. 675 San Jose, CA 95113 Mr. 0. Oimoen, Area Manager PG&E 325 Saratoga Avenue Los Gatos, CA 95030 Gill Cable ATTN: Gary Azevedo 1302 N. Fourth St. San Jose, CA 95112 County Sanitation District No. 4 ATTN: Mr. Robert Moehle 100 E. Sunnyoaks Avenue Campbell, CA 95008 Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 ATTN: Land Dept. ALLIED ENGINEERING COMPANY January 16, 1986 File No. 8504 Mr. James Pinnoyer Assistant City Engineer City of Campbell 70 North First Street Campbell, California 95008 RE: Abandonment of a portion of P.S.E. and five (5) footW.C.E., Lots 19 and 20 Tract No. 2631, City of Campbell, California Dear Mr. Pinnoyer: In accordance with the enclosed letter from P. G. & E. dated December 10, 1985 and dated December 31, 1985, we are transmitting herewith the original letters together with their attachments to yuou in order that you may continue the processing for the abandonment of the above reffered P.S.E. and W.C.E. We have enclosed four (4) prints of Tract No. 2631 for yor convenience. Please begin the necessary work to process this abandonment. Please advise us if a processing fee is required. KI:k cc: Mr. Bruce Johnson Mr. John Neves Kenneth J. Iwagaki Lester Ikegami Werner Kahlen Kenneth G Masunaga Dianne Growitz (408) 241 .1960 Aihed Englneenng Company A Division of iK GM Consulting Civil Engineers. 3170 Williams Road Consullnng Engineers inc Surveyors & Land Planners San Jose. Califorma 9.,,,7 PAC I t~ I~ ~~ --+-- L. E. ENGLUND REGIONAL LAND DIRECTOR GAS AND ELEOTi:%IO COMPANY 111 ALMADEN BOULEVARD · P.O. BOX 15005 · SAN JOSe, CALIFORNIA 95115-0005 · (408) 298-3333 December 10, 1985 Allied Engineering Company 3170 Williams Road San Jose, CA 95117 Attention: Kenneth J. Iwagaki Re: Proposed abandonment of a portion of P.S.E. and 5 foot wide W.C.E. affecting Lots 19 and 20 of Tract No. 2631; Our file 640 Gentlemen: In response to your recent request, this Company has no objections, and hereby consents, to the abandonment of the portion of P.S.E. and the W.C.E. at the subject location as shown in red on the attached drawing; however, the following easements (shown in yellow) must be retained along the property lines of Lots 19 and 20 of Tract No. 2631 for the protection of the Company's existing facilities: 1. Ten foot wide P.S.E. along the westerly boundary line of said Lot 20. 2. Ten foot wide P.S.E. along the southerly boundary lines of said Lots 19 & 20. 3. Five foot wide P.S.E. along the easterly boundary line of said Lot 19. 4. Five foot wide W.C.E. lying continguous to and westerly of the westerly boundary line of the 5 foot wide P.S.E. along the easterly boundary line of Lot 19. To initiate formal abandonment proceedings, please submit the original of this letter, together with the attached, to the City of Campbell within 90 days of the above date. Failure to file within this period will invalidate this letter. Additional letters of consent will be required from the other utility companies serving your area. As a condition of this consent, we request that our San Jose Regional Land Department be supplied with a certified copy of the final resolution of abandonment by the City. Allied Engineering Company December 10, 1985 Page 2 Should you have any questions concerning this abandonment, please contact Mr. Mahyar Kangarlou of our Land Department, at the letterhead address, telephone extension 401. Thank you for this opportunity to be of service. Sincerely, Attachment L. E. E~L~D REGIONAL LANO DIRECTOR December 31, 1985 GAS AND ELECTI:~IC COMPANY 111 ALMADEN BOULEVARD · P. O. BOX 15005 · SAN JOSE, CALIFORNIA 95115-0005 · (408) 298-3333 Allied Engineering Company 3170 Williams Road San Jose, CA 95117 Attention: Kenneth J. Iwagaki Re: Proposed abandonment of the easterly 5 feet of the westerly 10' P.S.E. along the westerly boundary line of Lot 20, Tract No. 2631; Our File 640 Gentlemen: In response to your recent request, this Company has no objections, and hereby consents, to the abandonment of the easterly 5 feet of the 10 foot wide P.S.E. at the subject location as shown in red on the attached drawing, provided the abandoned area be retained as a W.C.E. easement for the protection of the Company's existing facilities. To initiate formal abandonment proceedings, please submit the original of this letter, together with the attached, to the City of Campbell within 90 days of the above date. Failure to file within this period will invalidate this letter. As a condition of this consent, we request that our San Jose Regional Land Department be supplied with a certified copy of the final resolution of abandonment by the City. Should you have any questions concerning this abandonment, please contact Mr. Mahyar Kangarlou of our Land Department, at the letterhead address, telephone extension 401. Thank you for this opportunity to be of service. Sincerely, Attachment N I' ~'~' 3:~" W , 171.6.6' ~U~I~[-[AH CT.