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
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EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION OF
AREA TO BE VACATED
1399 YORK AVENUE CAMPBELL, CA 95008
MAY 2017
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GRAPHIC SCALE
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N77'29'09"E 118.68'
N77'29'09"E 118.62'