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CC Resolution 12198Recording Requested by: City of Campbell When Recorded Mail To: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 APN: 403-18-063 (Space Above This Line For Recorder's Use) ADDRESS: 1399York Avenue RESOLUTION VACATING A PORTION OF YORK AVENUE, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE QUITCLAIM DEED, AND DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION (1399 YORK AVENUE) RESOLUTION NO. 12198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING A PORTION OF YORK AVENUE, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE QUITCLAIM DEED, AND DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION (1399 YORK AVENUE) WHEREAS, on July 29, 1965 the subject property dedicated ten (10) feet of right-of- way to the City of Campbell, thereby, enabling a 30 foot half-street right-of-way width; and WHEREAS, the San Tomas Area Neighborhood Plan identifies this segment of York ~ Avenue as only requiring a 20 foot half-street right-of-way width; and WHEREAS, the frontage improvements in the San Tomas Area Neighborhood Plan only require aright-of-way width of 40 feet to implement, thereby eliminating the need for the additional ten (10) feet of right-of-way dedicated in 1965. WHEREAS, the San Tomas Area Neighborhood Plan includes a policy that allows for property owners to request the return of excess right-of-way; and WHEREAS, the portion of York Avenue to be vacated is considered to be excess right- , of-way; and WHEREAS, the portion of York Avenue to be vacated shall be merged into the adjacent property (APN 403-18-063) through a subsequent Lot Merger; and ~ WHEREAS, all public utility companies have been contacted and have indicated no objection to said vacation provided the City of Campbell reserves a Public Utility I Easement over said area to be vacated; and I WHEREAS, the in-place public utility facilities within the street right-of-way to be vacated will not be affected due to the condition placed on this vacation that the City shall reserve a Public Utility Easement over said area to be vacated; and I WHEREAS, the City Council of the City of Campbell adopts the finding that pursuant to Section 892 of the Streets and Highways Code of the State of California, the portion of York Avenue proposed for abandonment is not useful as a non-motorized transportation facility; and I i WHEREAS, the vacation is to be made pursuant to Chapter 4, Summary Vacation, of I Part 3 of Division 9 of the California Street and Highway Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell ~ does hereby vacate this excess right-of-way, reserving a Public Utility Easement over the entire area, authorizes the Public Works Director to sign the Quitclaim deed and directs the City Clerk to record this Resolution for the property at 1399 York Avenue as shown on Exhibits A and B. PASSED AND ADOPTED this 18'h day of July, 2017 by the following roll call vote: AYES: Councilmembers: Waterman, Cristina, Landry, Resnikoff, Gibbons NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: iz th "Liz" Gibbons, Mayor ATT Wendy od, City Clerk Exhibit "A" Legal Description of Area to be Vacated A parcel of land situate in the City of Campbell, County of Santa Clara, State of California, being a portion of the land described in the deed recorded July 9, 2014 as Document Number 22640884, Official Records of said County, described as follows: BEGINNING at the point of intersection of the southerly line of that certain parcel of land conveyed to J.L. Cummins, et ux, by that certain document recorded June 4, 1945, Book 1266 of Official Records, at page 146 in the office of the County Recorder of Santa Clara County, State of California, with the westerly line of York Avenue, 40 feet wide, as said York was established by that certain Grant Deed to the County of Santa Clara by that certain instrument recorded February 9,1949, in Book 1743, of Official Records, at pages 190, 191, and 193, in the office of said County Recorder of said County of Santa Clara, and also established by that certain document recorded February 9,1949, in Book 1743, of Official Records, at Pages 188 and 189, in the office of the County Recorder of said. County of Santa Clara, State of California; THENCE, westerly along said southerly line of said Lands of Cummins to the point of intersection thereof with a line parallel with and 10.00 feet, measured at a right angle, westerly from said westerly line of said York avenue; THENCE, northwesterly along said parallel line to the point of intersection thereof with the northerly line of said Lands of Cummins; THENCE, northeasterly along said northerly line to the point of intersection thereof with the westerly line of said York Avenue; THENCE, southeasterly along said westerly line of said York Avenue to the POINT OF BEGINNING being a strip of land 10.00 feet in width lying westerly from the westerly line of said York Avenue and being a portion of said land of said J.L. Cummins, et ux. Containing an area of 616 square feet more or less. - J/. -P left-`\ //J ~S ~ J ~ V =_~ Y Kenneth D. Wilson, Professional Land Surveyor, LS 5571 No. 5571 ~r / 7~Ja EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION OF AREA TO BE VACATED 1399 YORK AVENUE CAMPBELL, CA 95008 MAY 2017 N GRAPHIC SCALE m W~/ ~ (IN FEET ) 1 inch = 80 ft. / o`r ~ z255a3g9 I . pOC# v$ ~ DOCK 22640884 NE ~~~, ~ 894 "M" so x-12 `$~~~ AREA TO BE 0~ ° ~1 i r VACATED ~~ ~ I ~~° 7051 OR 105 N ~ ~ "' i ~9 -~ POINT OF ~3 ~» BEGINNING DOC# 22640884 ~~ CZ 1M~~~ ~ CP 6~ ~ 20'~ 855.86 N77.29 035 86 DD~1' C228 O.R. PAGE 410 ~N76'40 E -G~ ~` ~~ LEGEND ~~ DD-1 DOC# 22640884 ~ _/~~ i~' \ SEN ~N ~ `'~ ~~ J' ' ~ED~ND L1: L2: L3: L4: L5: L6: L7: L8: L9: L10: L11: L12: ~L POLLARD ROAD ~~ N y N ~ O . ~_ -n -~a P ~ ~ . O .6' O V" J N77'29'09"E 87.87' AREA OF VACATION: 616 SQ FT ~ __~' ~'!~\ N15'OS'S3"W 60.00' _ - TOTRL -AREA OF-PROPOSED - w- ~ a 577'29'09"W 71.10' 50'41'32"W 61 57' LOT MERGER (7051 O.R. 105+ G Y N0. 5571 z . N77'29'09"E 10.27' ' ' " DOC# 22640884 NET): 5,380 SO FT / ~ 7iz ~~ W 61.57 SO'41 32 ' ' " ' s l~ W 10.27 29 09 577 ' " ' ' BASIS OF BEARINGS FOR THIS " ' 9r P ~ ~ E 20.54 09 N77 29 ' ' " ' 04 WEST SURVEY IS NORTH 15'01 F OF CALIFOR W 37.25 29 09 577 BEING THE CENTERLINE OF HARRIET 515'02'14' E 60.00' AVENUE PER 848 M 15. N77'29'09"E 118.68' N77'29'09"E 118.62'