San Tomas Aquino Rd./ llY t11: kMl ll[[l
75 NORTH CENTRAL A"/EN UE
CAMPBELL, CALIFORNIA 95008
408) 378-8141
Department: Pub l i c Works
March 18, 1983
Mr. John N. Pope, Attorney at Law
1625 The Alameda, Suite 512
San Jose, CA 95126
SUBJECT: LOUISE PEREZ VS ALICE GRAY, ET AL
Dear Mr. Pope:
In accordance with instructions from Robert Dempster, city attorney,
the City of Campbell staff has prepared a legal description of the
existing roadway known as San Tomas Aquino Road adjacent to the
land that is the subject of the proposed litigation.
The City of Campbell has no interest in control of or title to
other lands in this vicinity that are not included within the en-
closed legal description.
Please contact me or Robert Dempster if you should have any ques-
tions regarding this transmittal.
Very truly yours,
Joseph Elliott
Director of Public Works
by Bill M. Helms
Engineering Manager
BMH/le
cc: Robert Dempster, City Attorney
encl.
EXHIBIT A
All that certain real property currently known as San Tomas
Aquino Road, which road has been laid down, designated, delineated
and described as the following parcels:
Parcel 1
San Tomas Aquino Road as shown on the map of Tract No. 202,
Hazelwood Tract, which map was filed in Book 7 of Maps at page 20
in the office of the Recorder of Santa Clara County;
Parcel 2
San Tomas Aquino Road as shown on the map of Tract No. 446,
Oakhaven, which map was filed for record in Book 15 of Maps at pages
lO and ll in the office of the Recorder of the County of Santa Clara;
Parcel 3
San Tomas Aquino Road as shown on the map of Tract No. 790,
Oakhaven-Unit No. 2, which map was filed for record in Book 30 of
Maps at page 38 in the Office of the Recorder of the County of
Santa Clara;
Parcel 4
San Tomas Aquino Road as shown on the map of Tract No. 804,
Oakhaven-Unit No. 3, which map was filed for record in Book 31 of Maps
at page 8 in the office of the Recorder of the County of Santa Clara;
Parcel 5
San Tomas Aquino Road as shown on the map of Tract No. 3169,
Sunnyhaven Addition Unit No. 2, which map was filed for record in
Book 152 of Maps at page 7 in the 6ffice of the Recorder of the
County of Santa Clara;
Parcel 6
San Tomas Aquino Road as shown on the map of Tract No. 6107, which
map was filed for record in Book 401 of Maps at page 35 in the office
of the Recorder of the County of Santa Clara;
Parcel 7
All that certain real property described in deed filed on
January 23, 1981, in Book F867 at page 380 of Santa Clara County
Official Records;
Parcel 8
All that certain real property described in deed filed on
January 23, lg81, in Book F867 at page 383 of Santa Clara County
Official Records;
Parcel 9
All that certain real property conveyed to the City of Campbell
by Santa Clara Valley Water District and described in deed filed in
Book F482 at page 665 in the Office of the Recorder of the County of
Santa Clara;
Parcel l0
The road as shown on the map entitled, "Map of Subdivision of
the Lovell Tract, being part of the Rinconada de Los Gatos and the
property of Ira J. Lovell," which map was filed for record in the
office of the Recorder of the County of Santa Clara, on September
24, 1896, in Volume "F-l" of Maps, at page 5.
~ I ' J ~ 2.58AC.NET
F4~2
MEMORANDUM
Subject:
Date:
CITY OF CAMPBELl
$. SAN TOM.AS AOUINO
OFF,U
P..~ 277-
TRA/T I~S 446- 7~0-80~
OAKHAVEN -.. UNIT N~S 1-2-3
N~ME AND ADDRESS OF ATTORNEY
JOH~ N. POPE, JR.
1625 The Alameda #512
San Jose, CA 95126
TELEPHONE NO
(493) 292-6155
^nORNE'~OR(N'm')~ .Plaintiff~ LOUISE PEREZ
Insert name of cowl. ~d~ial district or bra~h court, tf any. a~d Post ~ice a~ Strut A~dress
SUPERIOR COUR? - SAN?A C~PJ% CO%~T¥
191 ~. ~rst $~.
San Jose, CA 95113
PLAINTIFF
LOUISE PEREZ
DEFENDANT
ALICE GRAY, and all persons unknown claiming any legal or equitable
right, title, estate, lien, or interest in the Droperty described
in the compIaint adverse to plaintiff's title, or any clou~ on
~laintiff's title thereto, named as DOES I - XX, inclusive.
SUMMONS
CASE NUMBER:
THE PEOPLE OF THE STATE OF CALIFORNIA TO:
ALICE GRAY, and all persons unknown claiming any legal or equitable
right, title, estate, lien, or interest in the property described
in the complaint adverse to plaintiff's title, or any cloud on
plaintiff's title thereto:
NOTICE[ YOU HAVE BEEN SUED, THE COURT MAY DECIDE AGAIMST YOU
WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 30 DAYS. READ
INFOR~4ATION BELOW.
AVISO! USTED HA SIDO DEMANDADO, EL TRIBUNAL PUEDE DECIDIR CONTRA
UD. SIN AUDIENCIA A MENOS QUE UD. RESPONDA DENTRO DE 30 DIAS.
LEA LA INFORMACION OUE SIGUE.
YOU ARE HEREBY NOTIFIED that an action has been commenced against you,
in the above-entitled court under the provisions of Sec. 760.010:et%seq. of the
Code of Civil Procedure, bv the above named plaintiff, for the
purpose of determining ali"adverse claims and clouds on the title to
all that certain real property situated in Santa Clara County,
California, described thus: 690 S. San Tomas Road, Campbell, California.
YOU ARE HEREBY DIRECTED to file with the clerk of the above-entitled
court a written pleading in response to the complaint in an action
entitled as above, brought against you in the Superior Court of
California, County of Santa Clara, within 30 days after the service
of this summons.
NOTICE TO PERSON SERVED: You are served
a. As DOE I
YOU ARE HEREBY NOTIFIED that unless you so respond as above
required, your default will be entered on plaintiff's application,
and plaintiff will apply to the court for any relief demanded in
the complaint, which could result in taking of property or other
relief.
YOU APE HEREBY NOTIFIED that the object of this action is to make
the defendants herein set forth the nature of their claims to the
real property described in the complaint herein, if any they have,
and that such claims be adjudged void and of no effect, and that
~laintiff's title to this real property be quieted against each of
the defendants.
YOU MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH
THE COMPLAINT OR THIS SUMMONS. SUCH ATTORNEY SHOULD BE CONSULTED
PROMPTLY SO THAT YOUR PLEADING MAY BE FILED OR ENTERED WITHIN THE
JOHN ~AZUBO~V$~d ,.Clerk
By
Deputy Clerk
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JOHN N. POPE,
ATTORNEY FOR Plaintiff
(ENI K )RSED)
D
OEO 1 1982
JOHN KAZUBOWSKI,ClerA
DEPUI'/
SUPERIOR COU~T OF CALIFORNIA, COUNTY OF SANTA CLAPA
LOUISE PEREZ,
Plaintiff,.
v. )
)
ALICE GP~Y, and all )
oersons unknown, claimina )
any legal or equitable riqht,)
title, estate, lien, or )
interest in the property )
described in the complaint )
adverse to plaintiff's title,)
or any cloud on plaintiff's )
title thereto, named as )
DOES I-XX, inclusive, )
)
Defendants. )
)
513258
NO.
COHPLAINT TO OUIET TITLE
TO FEAL PROPFP. TY
Plaintiff alleqes:
I
Plaintiff, LOUISE PE~EZ, is a resident of the County of
Santa Clara, State of California, who resides on the real ~rooertv
and improvements commonly known and described as llql Hazelwood
Avenue, Campbell, California, 95098.
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II
Defendant, ALICE GP~Y, is the former owner of the subject
property hereinafter described, having acquired title thereto by
Deed of Trustees on Julv 10, 1931, recorded in the Office of the
Santa Clara Recorder, State of California, filing No. J-13572.
III
Plaintiff, LOUISE PEPEZ, is the sole owner of the real
property and improvements thereon, commonly known and described as
690 S. San Tomas Road, Campbell, California, and is more particularly
described on Exhibit "A" attached hereto and bv this reference
made a Dart hereof. Said property is located adjacent to said
residence of ~laintiff
IV
The basis o£ Plaintiff's title is ~laintiff's actual,
o~en exclusive, hostile, and adverse ~ossession of the above-
described ~roDertv for more than five years ~recedinq the commenceme~
of the action and plaintiff's ~ayment of all taxes assessed against
the above-described Qropert¥ for the five years i~ediately Drecedins
the commencement of the action.
V
Plaintiff is seeking to quiet title a~ainst the claims of
defendants consistin~ of the 'aforesaid deed to defendant, ALICE
GPAY, and her heirs, successors and assigns, named herein as DOE I
through DOE XX, inclusive. The claims of defendants, and each of
them, are without any right whatever, and such defendants have no
right, title, estate, lien, or interest whatever in the above
described prooerty, or anv Dart thereof. ~-
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The defendants named as "all oersons unknown claiminq any
leqal or equitable riqht, title, estate, lien, or interest in the
0ropertv ~escribed in the complaint adverse to olaintiff's title
or any cloud on olaintiff's title thereto, named as DOES I - XX,
inclusive~ are unknown to Dlaintiff. Such defendants, and each of
them, claim some right, title, estate, lien or interest in the
above described oroDerty adverse to plaintiff's title, and such
claim or claims constitute a cloud on Dlaintiff's title thereto.
Such claim or claims are without any riaht whatever and these
defendants have no right, title, estate, lien, or interest whatever
in the above described property, or any part thereof·
VII
The claims of defendants named herein as DOES I - XX,
inclusive, if any, are unknown to olaintiff.
VIII
Plaintiff seeks to quiet title as of November 2~th, ]a92.
WHEREFORE, plaintiff ~rays as follows:
1. For a iudgment that olaintiff is the owner in fee
simple of the real prooerty and improvements thereon commonly known
and described as 690 S. San Tomas Road, Campbell, California, and
more particularly described in Exhibit "A" attached hereto, and that
~efendants, ALICE GPAY, and DOES I - XX, inclusive, and each of
them, have no interest in the property adverse to plaintiff.
2. For costs of suit incurred.
3. For such other and further relief as the court may
deem Droper.
DATED: November 24, 1982
AtZ'orney for ~lai~tiff
146190
Page 2
2.75 Acres, more or less, between the Southerly llne of the Ro'X.d and th e
as shown on the Map entitled, "IV,~p of Subdivision os the Lovell
· ?..:.nter of the Creek, the 9inconada de Los Gatos and the property of Ira $. Lovell",
',":-act, being part of
which 1V~p was filed for record in the office of the l~ecorder of the County of
.~_nta Clara, on September 24, 1896 in Volume "F-i" of Maps, at page 6 and as
described in the I2eed from I. ~. Love12 to lV~ry Beauchamp, dated August 12, 1896 and
r~corded MaY 10, 1898 in Volume 208 of Deeds, at page 344.
EXCEPTING THEREFt~OM that certain parcel of land conveyed by Mrs. M. E.
auchamp to H. B. Elrod, by Deed dated November 16, 1904 and recorded November
l~c~ !904 in Volume 286 of 'Deeds at page 109, being more particularly described as
follows'
BEING a strip of land 20 feet in width, the center line of which is described
as follows'
COMMENCING at a point on the Southerly line of Lot 1 of the Subdivision
of the Lovell Tract, as shown upon the MaP hereinabove referred to, distant thereon
12.31 chains Northerly from the Westerly line of said Lot 1 and running thence
irt a general Northerly direction .to the center line of the San Tornas Aquimo Creek
said center line being parallel or nearly parallel with the Westerly line of said Lot l;
the intention of the Grant°r herein is to grant and convey a strip of land l0 feet wide
on each side of said center lime above described.
ILXHIBIT A
S1'AI£ OF CALIFORNIA I
I ss.
COUNTY OF ...$RNTA CLAP. A }
I am the ............ plaintifE
VERIFI.CATION (446. .2015.5 C.C.P.)
in lhe above entitled aclion; I hi. ye read tho foregoing ... COMPLAINT. TO QUIET TITLE TO
REAL PROPERTY
and know the conlents thereof, and I cerlify that Ihe same is Iruo of my own knowledge, excepl as Io Ihose mailers
which are lhereln stated upon my informalion or belief, :~nd as lc, Ihose mailers I believe it to be lrue.
I cerlffy (or declare), under penalty of perjury, lhal Ihe foregoing is true and correcl.
Executed on Noyemb. e.~' 24.~ ........].9.82 ........ at San Jose
(date)
(place)
S~gnalure
PROOF OF SERVICE BY MAIL (lO13a, 2015;$ C.C.P.)
STATE OF CALIFORNIA
) ss.
COUNTY OF SANTA CLARA )
., California.
I am a citizen of the Uniled Slates and a res~denl of Ihe counly aloresaid; I am over Ihe age el eighteen yuafs and not
a party Io the wilhin enhtled actior~; my business address is .... 1.62-5. The A.]..arfleda #5],7., Sar,. Jose,
. .~a.li~ornia 95126 ..............
On ........ 19
..... I s~rved the within
on the
interested parties .thro.u. gh..counsel
in said acllon, by placing a Irue copy thereof eh'closed in ase,',h.:,.I envelope wnh po~tage Ihereon full,/ p,,:pald, i,, Ihe
United Slates mail al San Jose, .C'alifornia .
addressed as follows: ',
I cerlify (or decluru), undu, pe~r~ly of perjury, Ih,}l lbo foregu,nfl ,s truu und re,
Executed on "
.,, San Jose
· Calif~ .......
[
,RECEIV :D'
ENGIN£ERJ I
May 24, 1982
RE: NOTICE OF STREET/HIGHWAY VACATION PROCEEDINGS
Pacific Telephone
1333 Lawrence Expressway
Bldg. 300, Room 360
Santa Clara, CA 9505
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Elliott
Director of Public Works
City of Campbell
75 North Central Avenue
Campbell, California 95008
Dear Mr. Elliott:
Pursuant to the provisions of California Streets and Highways Code, Section
8346 (a), Pacific Telephone and Telegraph Company hereby requests notice of
each and every street/highway vacation proceeding processed by your agency.
Sections 8347 (a) and (bi of the Code require that you provide us written notice
of each vacation proceeding within ten (I0) days after: (a) the adoption of a
resolution of intention or the filing of a petition to vacate, and (bi the adop-
tion of a resolution of vacation not covered by subdivision (a).
The notice of vacation proceedings requested herein will give us an opportunity
to determine if the reservation of an easement in our Company's name should be
recited in your Resolution of Vacation, for either existing or future communica-
tion facilities in the street/highway that is the subject of each vacation
proceeding.
Your notice of proceeding to vacate should be directed to:
Right of Way Group
The Pacific Telephone and Telegraph Company
1333 Lawrence Expressway, Room 360
Santa Clara, California 95051
Attention: T. J. Scully, Right of Way Mgr.
Thank you for your cooperation and attention to this request.
Respectfully yours,
6.
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