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Cameo Dr.'RESOLUTION NO. 7363 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ACROSS THE WESTERLY PROPERTY LINE OF 1411 CAMEO DRIVE WHEREAS subject easement was offered to the public on Tract No. 437 in Santa Clara County; and WHEREAS said Tract No. 437 was annexed to the City of Campbell by annexation entitled Leigh 1980-5, effective December 31, 1980; and WHEREAS the portion of easement to be vacated is described as: the easterly four feet of the westerly ten feet of Lot 74, designated as Public Utility Easement, excepting from this vacation of the northerly five feet of said easement as shown on the map of Tract No. 437, which map was filed in Book 38 of the Maps at page 23 on June 17, 1952 in the office of the Recorder of the County of Santa Clara; and WHEREAS the Director of Public Works has recommended that said easement be vacated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as follows: SECTION ONE: The City Council elects to proceed in accordance with the pro- visions of Division 9, Part 3, Chapter 4, Section 8333, et sequens, of the Streets and Highways Code. SECTION TWO: The City Council does hereby summarily vacate said public service easement. SECTION THREE: The City Clerk is directed to record a copy of this resolution in the office of the County Recorder. SECTION FOUR: That from and after the date the resolution is recorded the aforesaid four-foot strip of land no longer constitutes a public easement. PASSED AND ADOPTED this by the following vote: 21st day of April , 1987, AYES: Councilmembers: Kotowski, Podgorsek, Watson, Ashworth, Doetsch NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: (../ gall~h Doetsch Mayor ATTEST: BaFb~ra 01 sasky, ~C-i THE FOREGOING IN~?IRUMEN? 1~ A AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ~TT~ST: ~AR~ARA OLSASKY, CITY ~£NT I0 PU£ C A A,'I E. O D f~ I L/~ CITY OF P.U.E. TO BE CAMPBELL VACATED ;CALE: I"" ~0' DATE: AFgIL 19~7 DR. BY: J. F', CK. BY: RECEIPT CiTY OF CAMPI~ CAMPBELL, CALIFORNIA l FOR FUND NUMBER ] MONEY ORDER []CASH THIS RECEIPT MUST BE MACHINE VALIDATED AND SIGNED BELOW. DAtE AMOUNT BY :1.2237 Thank You CItY OF CAMPBELL ® ~ CITIZEN COPY C I TY CLI:'RK PLE~tSE COLLECT A3'iD REC F'(3R ~ IrOLLOIlN~ 140~IES T P 'v. FILE. NO. ACCT, 3372 3370 3372 3372 337Z 3372 3372 ~37~ 3372 3395 3373 3373 3373 3373 3372 3373 352] 352] 352! 3520 3510 I TE3v~ ENVIFK)IqO4ENTAL ASSESSMENT ( $420 ) STORM DRAINAGE AREA FEE PER ACRE (R-l, Sl,875; MULTI-RES., S2,060; ALL ~R,. S2,250) PLAN EXAMINATION AND CONSTRUCTION INSPECTION FEE (7% OF VALU;) TEN'TATIVE PAFi~EL MA~ FILING FEE: ($300) TENTATIVE TRACT MAP FILING FEE ( FINAL PARCEL MAP FILING FEE FINAL TRACT IVlAF' FILING FEE VACATION OF PUBLIC STRE£TS .4.FE) EASEI~N'TS-/-("~5) ASSESSMENT SEGREGATION ~ F~TiC~N~ .( $420 ~ fiRST PLUS $I30 EACH ADDiTiONAL) LOT LII~ ADJUSTIVlENT FEE/CERTIFICATE OF COIVB=LIANCE { $300) P~ DEDICATION IN-LIEU FEE PER UNIT (Sl,097.00_-F) COPI£S OF ENGII~ERING I~ A~ PLAI~ (S.$0 PER SC}. FT. ) tl~ AREA "I~FIC CONTROL I~ PROJECT PLAI~ ~ SF~ECIFICATIONS MAF' REVISIOi~IS TO ~ CGIVE=ANIES £XCAVATION I=Ei::IMIT AJ:='PLI'CATION FEE {$35 ) G£NEP. AJ. COt~ITIONS, STD. PROVISIONS 8¢ DETAILS ($10; o~ CASH DE~ I T FA ! THFUL PERFL"II~E DEPOS ! T MAINTEi',U~d%K~£ BOf, E) DEPOSIT FIRE HYDRANT MAINTENANCE I=<3STAGE OTI-~R TOTAL AJ~T NAME ADDRESS CITY CX'qLY JULY !984 /.- CITY RU.E. v'A ~ A CA ME 0 Dt~I VE OF CAMPBELL TO BE VACATED SCALE: I"-' '}O' DATE: AFl'IL 1937 DR. BY: J.F. CK. BY: James R. Beck 1411 Cameo Dr. Campbell, CA 95008 February 24, 1987 P.G. & E. Mahyar Kangarlou Land Department Room 502 III Almaden Blvd. San Jose, CA 95115 Dear Mr. Kangarlou: This letter is written to Iequest abandonment of 4 feet of the public utility easement on the westerly boundaIy of the premises, commonly known as 1411 Cameo Dr., Campbell, California. The attached drawing from Royal Pools shows a planned pool addition to our residence. The red line indicates the current easements while the ~reen line indicates maximum requested abandonment and proposed new westerly bo~zndary. No request is being made regarding the northerly boundary. All utilities are above ground with no overhead lines on the westerly boundary o£ the property. All overhead lines run on the northerly? boundary of the property, with drops for electricity, telephone and cable T.V. comi~g off a utility pole located on the north easterly corner of the property. If I can answer any questions, you may have r(~g~rding this request, I may be reached during the workday at 277-3767. Sincerely, James R. Beck A t tachmel; ts Policy No. Y 425866 Order No. 43873 SCHEDULE B (Continued) 7. Any' law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or p,'ohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dbnensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Righ'ts of eminent domain or governmental rights of police power unless notice of the exercise o'f Such rights appears in tile public records. o. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) riot shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant' (d) attaching or created subsequent to Date of' Policy' or (e) resulting in loss or damage which would not have been sustained if tile insured claimant had been a purchaser or encumbrancer for value without knowledge. 1. ?axes for the fiscal payable. PART II year 1976-77, a llen but not yet due or 2. Public utility easement over the Northerl7 5 feet and Westerly 10 feet of the premises, as shown on the r~.eorded }~ap. 3. Declaration of Restriction~ wi~_h no express wor~!~ of forfeiture in the event of violation thereof, but deleting restr~ctions, if any, based on race, color, religion or national origin, recorded ~.iay 26, 1952 in Look 2~42 of Official Records, Da~_e 25e. Contains btortgagee protoction clause. 4. A Deed of Trust in the amount of $52,~00.00, dated April 5, 1976 recorde~ April 15, ].97~ in Book ~971 of OFficial Records, page 666 under Recorder's Serial ~un~er 5265131. Trllstor: 'frustee: Benefici~%ry~ James R. Beck, an unmarried man and V~rgfnla Schaefer, a married woman E1 Camino Service Corporation E1 Camfno Savings and Loan Association, a corporation By instrm~nt recopied April I5, Records, pag~ 669 there apr~ars of Default and/or Sale under Hr. and Hrs. Wayne L. Greene, California 95014. 1976 in Book BOT1 of Official Kay a Reqtlest that a Copy of any the foregoing !Deed of Trust be 10642 Portal Avenue, Cupertino, Po~:~cy I~o. Y 42~6~6 ' Order I~Io. 43873 SCHEDULE The land referred to in t~s policy is situated in the County of State of California, and is described as follows: ~r~ Se~ ~or ~ntt ~o. ~', 'which ~p was ftl~ for r~d In ~e o~l~ of ~e ~rder o~ ~e C~ of San~ Cl~a, Sta~ of Cal~fo~a ~ J~e 17, 1952 288 19 56 61 004 (A) 280 55 42 April 2, 1987 Mr. Donald C. Wimberley Director of Public Works City of Campbell I~ECEIVEO P.Ueuc Dear Mr. Wimberley: This letter is written to request that the City of Campbell complete formal abandonment proceedings regarding fou~ feet of the public utility easement on the westerly boundary of the premises, commonly known as 1411 Cameo Dr., Campbell, California. Attached is a copy of my letter dated February 24, 1987, to PG&E, identified as Attachment A. A similar letter was sent to the other three utility companies involved. Also included are responses from PG&E (Attachment B), Pacific Bell (Attachment C), San Jose Water Company (Attachment D), and Gill Cable (Attachment E). Attachments B-E indicate approval of my request to abandon four feet of the existing ten feet PUE. Having been informed of the abandonment fee assessed by the City of Campbell, I request a major reduction in this fee. This request is based upon the fact that I, as the homeowner, have prepared the documentation, initiated the necessary requests from the four utility companies involved, and am providing to you the abandonment consent letters. Thank you in advance for your cooperation. If further informa- tion is needed, please contact me at (d) 277-3767. Sincerely, R. Beck March 18, 1987 GAS AND ELECTi:~IC CO1V~?AI~Y 10900 NO. BLANEY AVENUE · CUPERTINO, CALIFORNIA 95014 · (408) 973-8930 Mr. James R. Beck 1411 Cameo Drive Campbell, CA 95008 RE: Proposed abandonment Lot 74, Tract 437 APN 288-19-59 City of Campbell File: 640 DA-A-O005 Dear Mr. Beck: In response to your request, Pacific Gas and Electric Company has on objections, and hereby consents, to the abandonment of the easterly 4' portion of the existing 10' P.U.E. located along the westerly boundary line of the above referenced parcel and shown in red on the attached sketch attached hereto and marked "Exhibit A". 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 a certified copy of the final resolution of abandonment by the City be returned to us. Additional letters of consent will be required from the other utility companies serving your area. Prior to excavating near the existing gas service along your westerly boundary line, please call Underground Service Alert (U.S.A.) at 800-642-2444, at least 48 hours in advance, so that the location can be marked. Should you need this line relocated, please be advised that cost will be entirely the property owner's. For any questions, please call Mrs. Jegindar K. Gill of this office, telephone (408) 725-2219. Sincerely, Ronald S. Battles Support Services Manager Attachment >- z o I ~, ~ ~ ,, 0g'551 I ~ I ~'o~1 ~--- .~ --~ - NI I = g + 'o 1531 Parkmoor Avenue San Jose, California 95128 PACIFICE~BELL ~ A Pacific Teles~s Company March 17, 1987 Mr. James R. Beck 1411 Cameo Drive Campbell, CA 95008 Dear Mr. Beck: This is in response to your letter dated February 24, 1987, requesting concurrence to the abandonment of a certain P.U.E. (Public Utility Easement) at 1411 Cameo Drive, Campbell. We have reviewed your request and find no conflict with our facilities. Therefore, we do not object to the abandonment of the easterly four (4) feet of the westerly ten (10) feet of that certain "10' P.U.E." as shown and delineated on the map entitled "Tract No. 437 - Unit No. 3 of Arroyo Seco Manor", which map was filed for record in the office of the Recorder of the County of Santa Clara on June 17, 1952, in Book 38 of Maps at page 23. Should you have any questions, please call me at 408-491-7107. Yours truly, Peter H. Walde Public Works Coordinator File: CMBLi.1 cc: C. D'Amico Water Company 374 West Santa Clara St. P.O. BOX 229 San Jose, CA 95196 408 279-7808 February 25, 1987 James R. Beck 1411 Cameo Drive Campbell, CA 95008 Reference: Pool Installation 1411 Cameo Drive Dear Mr. Beck: San Jose Water Company does not have water facilities in the existing P.S.E. on the west side of lot 74, Tract 437 (1411 Cameo Drive). We, therefore, have no objection to the encroachment of a pool in this easement. Should the easement need to be abandoned, we would have no objection. Sincerely JAMES R. BARITEAU New Business Department JRB:db Gill Cable A division of Gill Industries, Inc. Offices Address: 234 East Gish Road San Jose, California (408) 998-7333 Mailing Address: Box 114 San Jose, CA 95103-0114 February 26, 1987 James R. Beck 1411 Cameo Drive Campbell, California 95008 RE: EASEMENT ABANDONMENT TRACT 437 Lot 74 Dear Mr. Beck, Gillcable TV, Inc. grants your request to abandon 4' (four feet) of the existing Utility Easement on the westerly boundry of the above mentioned tract, commonly known as 1411 Cameo Drive, Campbell, California 95008. Should you have any questions or desire any further infor- mation, please contact me at (408) 998-7333, extension 243. Sincerely, Jerry Martinez Supervisor Design-Drafting Department JM/dg