CC Resolution 1151611516
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
VACATING A LIGHT AND AIR EASEMENT AND EXCESS RIGHT-OF-WAY ON WALDO
ROAD, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE QUITCLAIM DEED
AND
AUTHORIZING THE CITY CLERK TO RECORD THE RESOLUTION FOR PROPERTY
LOCATED ADJACENT TO 734 OLD ORCHARD ROAD
(APN 404-29-005)
WHEREAS, an easement was reserved for light and air purposes, per Tract Map No. 361 -
Unit No. 2 - "San Aquino" recorded in Book 12 of Maps, pages 12 and 13, at the Santa
Clara County Recorder's Office on October 28, 1946; and
WHEREAS, the light and air easement is no longer necessary; and
WHEREAS, the easement to be vacated is shown in Attachment 2.
WHEREAS, Tract Map No. 361 -Unit No. 2 - "San Aquino" granted to the public portions of
Waldo Road, including the subject portion of Waldo Road east of Old Orchard Road; and
WHEREAS, the property to be vacated constitutes excess street right-of-way not required
for street or highway purposes and is shown in Attachment 2; and
WHEREAS, public easements in form of a public service, public utility and public storm
drain easement will be retained over the public street area to be vacated; and
WHEREAS, these public easements would retain public rights for the existing underground
PG&E facilities and City storm drain facilities that are in place and prohibit any structures to
be built within these public easements; and
WHEREAS, the public easements to be reserved are described and shown in Attachment
2; and
WHEREAS, both the light and air easement and street vacations are made pursuant to
Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Street and Highway
Code; and
WHEREAS, from and after the date that this resolution is recorded, the light and air
easement vacated at 734 Old Orchard Road, no longer constitutes a public easement, 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.
Attachment 2
EXHIBIT A, LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION
LANDS OF CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
PAUL p F
,,~pN~ ApAFF ~p~ File No. 24996
January 30, 2013
8807
in the City of Campbell, County of Santa C
of California.
Being a description for the Vacation of a portion of Waldo Road, being more particularly bounded
and described as follows to wit:
Beginning at the point of intersection of the South line of Waldo Road with the East boundary of Lot
37, as said Road and Lot are shown and delineated on that certain Tract Map entitled "Tract No.
361 - Unit No. 2 San Aquino," recorded on October 28, 1946 in Book 12 of Maps at Pages 12 & 13,
Santa Clara County Records.
Thence from said point of beginning along the South line of said Waldo Road and the North
boundary of said Lot 37 South 89° 52' 00" West 97.99 feet to a point at the beginning of a curve;
thence southwesterly along a curve to the left having a radius of 20.00 feet, through an angle of
102° 20' 20" a distance of 35.72 feet to the western most corner of said Lot 37 in the East line of Old
Orchard Road; thence northerly along the prolongation of the western boundary of said Lot 37
North 12° 28' 20" West 18.85 feet; thence northerly along a curve to the right having a radius of
42.00 feet, through an angle of 31 ° 00' 10" a distance of 22.73 feet to a point of reverse curvature;
thence northerly along a curve to the left having a radius of 42.00 feet, through an angle of 18° 39'
50" a distance of 13.68 feet, more or less, to a point in the North line of said Waldo Road; thence
along the North line of Waldo Road North 89° 52' 00" East 111.55 feet to the northeast corner of
said Tract; thence along the East boundary of said Tract and the East line of Waldo Road South 12°
28' 20" East 30.71 feet to the point of beginning, and
Containing 3,657 square feet of land, more or less, and
Reserving Therefrom
Being a Public Storm Drain and Public Service Easement 10 feet in width which is more particularly
bounded and described as follows to wit:
Commencing at the western most corner of Lot 37, as said Lot is shown and delineated on that
certain Tract Map entitled "Tract No. 361 -Unit No. 2 San Aquino," recorded on October 28, 1946
in Book 12 of Maps at Pages 12 & 13, Santa Clara County Records.
Sheet 1 of 4
Thence from said point of commencement along the northerly prolongation of the western
boundary of said Lot 37 North 12° 28' 20" West 18.85 feet; thence northerly on a curve to the right
with a radius of 42.00 feet through an angle of 11 ° 38' 42" a distance of 8.54 feet to the true point
of beginning of this description.
Thence from said true point of beginning continuing along said last mentioned curve northerly
and to the right with a radius of 42.00 feet through an angle of 14° 06' 33" a distance of 10.34 feet;
thence North 82° 00' 00" East 116.18 feet to a point in the eastern line of Waldo Road; thence along
the eastern line of Waldo Road South 12° 28' 20" East 10.03 feet; thence leaving the eastern line of
Waldo Road South 82° 00' 00" West 119.50 feet, more or less, to the point of beginning.
Containing 1,181 square feet of land, more or less, and
Reserving Therefrom
Being a Public Utility Easement and Public Service Easement 10 feet in width which is more
particularly bounded and described as follows to wit:
Commencing at the western most corner of Lot 37, as said Lot is shown and delineated on that
certain Tract Map entitled "Tract No. 361 -Unit No. 2 San Aquino," recorded on October 28, 1946
in Book 12 of Maps at Pages 12 & 13, Santa Clara County Records.
Thence from said point of commencement along the northerly prolongation of the western
boundary of said Lot 37 North 12° 28' 20" West 18.85 feet; thence northerly on a curve to the right
with a radius of 42.00 feet through an angle of 20° 50' 53" a distance of 15.28 feet to the true point
of beginning of this description.
Thence from said true point of beginning continuing along said last mentioned curve northerly
and to the right with a radius of 42.00 feet through an angle of 10° 09' 17" a distance of 7.44 feet to
a point of reverse curvature; thence northerly on a curve to the left with a radius of 42.00 feet
through an angle of 4° 11' 36" a distance of 3.07 feet; thence North 86° 30' 00" East 68.97 feet;
thence North 05° 40' 00" West 6.47 feet to the northern line of Waldo Road; thence along the
northern line of Waldo Road North 89° 52' 00" East 10.05 feet; thence leaving the northern line of
Waldo Road South 05° 40' 00" East 15.89 feet; thence South 86° 30' 00" West 82.57 feet; more or
less, to the point of beginning.
Containing 871 square feet of land, more or less, and
End Description
Basis of Bearings
The bearing of North 12°28'20" West for the center line of Old Orchard Road, as shown on that
certain Tract Map recorded in Book 12 at Pages 12 & 13, Santa Clara County Records, was taken
as the basis of bearings for this survey.
Compiled in September of 2012 by Bowman and Williams Consulting Engineers
Sheet 2 of 4
s ~ (~eET) BD REFERENCES
(A) 12-M-13
LEGEND (B) 336-M-45
POB POINT OF BEGINNING (C) 86-M-12
• FOUND MONUMENT AS NOTED (D) 519-M-39
30'
30'
BASIS OF BEARING
THE BEARING OF NORTH 12'28'20" WEST FOR THE CENTER LINE OF OLD
ORCHARD ROAD, AS SHOWN ON THAT CERTAIN TRACT MAP RECORDED IN
BOOK 12 AT PAGES 12 & 13, SANTA CLARA COUNTY RECORDS, WAS TAKEN
AS THE BASIS OF BEARINGS F01~ THIS SURVEY.
• --~--
~FD 2" BRASS DISK
IN MON BOX AT
INTX MATH ROBIN
LANE
(85.00')(A)
BUILDING UNE
MAZUTIS
#2007-19477977
LOT 38
z
o ~
3
g~
n
rn
LOT AREAS
QUITCLAIM AREA 3,657 SF
L0T37 EXISTING 9,913 SF
LOT 37 PROPOSED 13,570 SF
OLD ORCHARD Q
ROAD (60') p
N 12'28'20' W 529.17'(A)
BASIS OF BEARINGS ~
(C1) R=42.00' (C2) R=42.00' •~
L=22.73' L=13.68' ^o'
e=31'00'10' a:18'39'50" ~~'
N 112'28'20' W (A) 90.90'
LIGHT AND AIR \
~
EASEMENT TO BE R~20.00' ~
' ~~
NG L=35.72
(BUILDI
NE
)~ e=102'20'20•
NORTH BOUNDARY
~
OF LOT 37 TO
BE ELIMINATED ~/
I
-. ~
~/
r:
RICHARD J TOLEDO TRUST i °' ~
#2010-20914590 9 •°i/
m $~~
,aNi ~ Q
LOT 37 I"~~h
2/~~0
~~M
I f~
II
II
I ,
TRACT N0. 361 UNIT N0. 2 SAN AQUINO ~ ~j A
RECORDED OCTOBER 28, 1946 '
(85.00')(A) 70.65'(A) / / 24.43' ~~
k'
S 12'28'20" E (A)
SAN TOMAS
EXPRESSWAY
BOWMAN & WILLIAMS
CONSULTING CIVIL ENGINEERS
1011 CEDAR STREET
SANTA CRUZ, CA 95060
(408) 426-3560
30.
FD 1' IP IN
MON BOX
(C) CALLS
FOR 2' DISK
`~\ INTR. EMORY
I
n ~
v '
Q 3
I
$ I
ro \
N 1
I
A /
y~ S STREET /
• ~ ~ LINE ~
SHOWN
C2 ~ (B)
O WISE, NEIL & SHERRY
Q APN 404-27-001
K0243-1730
J 86-M-12
Q ~
h
h
h W
~$
ro
2
P.O.B. DESCRIPTION
EXHIBIT B
LEGAL DESCRIPTION
FOR RIGHT OF WAY VACATION
LANDS OF CITY OF CAMPBELL
SCALE: 1" = 30'
I DATE: JAN 30, 2013
SHEET 3 OF 4
'CENTER UNE OF 10'
PUBLIC STORM DRAIN do
PUBLIC SERVICE EASEMENT
(SEE DETAIL SHEET
FOR LOCATION)
-CENTER UNE OF 10'
P.U.E. do P.S.E.
(SEE DETAIL SHEET
FOR LOCATION)
p 15 JO (~+ET) 80
OLD ORCHARD
ROAD (60')
Q
O
TRUE P.0.8.
DESCRIPTION
N 12'28'20" W (A)
POINT OF ~ 18.85\
COMMENCEMENT '~:' I
J.
LOT 37 ~:~ :v~
- ~ ~:..~'
CURVE DATA
-:
RADIAL LINES (TYPICAL)
TRUE P.O.B.
DESCRIPTION ^ .'
v. ~I
N 12'28'20" W (A)
rc
POINT OF ~ 18.85'\
.. COMMENCEMENT
o LOT 37 ~I J
o /:
J CURVE DATA ~ -' ~~
(C3) R=42.00
' -..: I Q
L-8.54 -
A-11'38'42" -
(C4) R=42.00' - ~ I ~
L=10.34' -
D=14'06'33° ~' ~ ~
- 3 I w
I - p 'O
-
,o°' I
P
-
Ni iN
- N "Z
I - PUBLIC
I STORM DRAIN
- & PUBLIC
- SERVICE
- _
; I EASEMENT
.
i L1 L1=10.03'
N 12'28'20" W (A)
LINE DATA
L2 = N 77'31'40" E 42.00'
L3 = N 89'10'22" E 42.00'
L4 = S 76'43'05" E 42.00'
PUBLIC STORM DRAIN & PUBLIC
SERVICE EASEMENT 1,181 SF f
BOWMAN & WILLIAMS
CONSULTING CIVIL ENGINEERS
1011 CEDAR STREET
SANTA CRUZ, CA 95060
(408) 426-3560
(CS) R=42.00'
L=15.28'
0=20'50'53"
(C6) R=42.00'
L=7.44'
~=10'09'17"
(C7) R=42.00'
L=3.07'
D=04'11'36"
-:.:
--~
/ ~.
~ 3
/ "o
~ o
I M
/ ~'
-ci o
0
I~ ~
w Q
o~ I
P.U.E. &
P.S.E
N 89'52'00" E
10.05'
S 05'40'00" E
15.89'
LINE DATA
L2 = N 77'31'40" E 42.00'
L5 = S 81'37'27" E 42.00'
L6 = S 71'28'10" E 42.00'
L7 = N 71'28'10" W 42.00'
L8 = N 75'39'46" W 42.00'
L9 = N 05'40'00" W 6.47'
EXHIBIT C SCALE: 1" = 30'
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE: JAN 30, 2013
PUBLIC EASEMENT LOCATIONS
CITY OF CAMPBELL SHEET a of a