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CC Resolution 12901 - Vacating a potion of Westmont AvenueRESOLUTION NO. 12901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING A PORTION OF WESTMONT AVENUE, AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE QUITCLAIM DEED, AND DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION (1445 WESTMONT AVENUE) WHEREAS, on March 26, 2003 the subject property dedicated right-of-way to the City of Campbell, recorded as Document No. 16913379, of Official Records; and WHEREAS, on June 18, 2019 the City Council of the City of Campbell approved a Tentative Subdivision Map (PLN2018-236), including the the vacation of a portion of Westmont Avenue considered to be excess right-of-way; and WHEREAS, the portion of Westmont Avenue to be vacated shall be merged into the adjacent property (APN 403-10-116) as part of pending Tract Map No. 10580; and WHEREAS, all public utility companies have been .contacted and have indicated no objection to said vacation; and 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 Westmont Avenue proposed for abandonment is not useful as a non -motorized transportation facility; and WHEREAS, the vacation is to be made pursuant to Chapter 4, Summary Vacation, of 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, authorizes the Public Works Director to sign the Quitclaim Deed and directs the City Clerk to. record this Resolution for the property at 1445 Westmont Avenue as shown on Exhibits A and B PASSED AND ADOPTED this 18th day of October, 2022 by the following roll call vote: AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Paul Resnikoff, Mayor ATTEST: 6Z�Je&& Andrea San s, City Clerk October 6, 2022 EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION City of Campbell, Count{ of Santa Clara The land referred to is situate in the County of Santa, City of Campbell, State of California, being a portion of the Lands of the City of Campbell as described in that certain Grant Deed Recorded March 26, 2003 as Instrument Number 16913379, recorded in the Office of the County Recorder of said Santa Clara County, said portion being more particularly described as follows: Beginning at the northwest corner of said Lands, also being the southwest corner of the Lands of WestmontAve LLC, a California Limited Liability Company and BestAlpha LLC, a Delaware Limited Liability Company, as Tenants in Common, as described in that certain Grant Deed recorded June 14, 2022 as Instrument Number 25319844, recorded in the Office of the County Recorder of said Santa Clara County; thence along the southerly line of said Lands of WestmontAve LLC and BestAfpha LLC and the northerly line of said Lands of the City of Campbell North 81 °32'20" East, 31.50 feet; thence continuing along the boundary of said Lands of WestmontAve LLC and BestAlpha LLC South 02005'00" East, 9.01 feet; thence across said Lands of the City of Campbell along a non tangent curve to the right, concave to the north, having a center which bears North 08027'40" West, having a radius of 20.00 feet, a central angle of 24030'07", an arc length of 8.55 feet; thence North 73057'33" West, 10.73 feet; thence along a tangent curve to the left, concave to the south, having a radius of 30.00 feet, a central angle of 24'30'07", an arc length of 12.83 feet to the Point of Beginning Containing 133 Square Feet, More or Less Basis of Bearings: The bearing North 02005'00" West between the found monument at the intersection of Westmont Avenue and Harriet Avenue with the found monument at the intersection of Harriet Avenue and Adrien Drive as shown on the Record of Survey recorded December 6, 1979 in Book 455 of Maps at Page 12, Santa Clara County Records. A plat, entitled Exhibit 'B', is attached hereto and by this reference made a part hereof. Date Sheet 1 of 2 TRACT 10501 COMPEAN 1992-11230391 APN: 403-10-046 TRACT 6220 N81.3248"E `�71 13 la�o 1 1 o 1 . ool fcn rn OD 1 1 1 1 1 � 0 0 z �n s I e �o� 1 O CQ N TRACT 10237 i F oa I NHZ 1 E-CQ In CQ I 31 1� OI O ��Oo IO �r"ioo O Zo':4w 1 HR IZ - N�21532216� _SEE DEYAIL "A '�1� WZSTI&ONT A�NUE AREA BEFORE VACATION = 27,414 SQ.FT. TRANSFER AREA = 133 SQ.FT. AREA POST VACATION = 27,547 SQ.FT. 'J 0 100 SCALE IN FEET r— T ------------------- I I J� N0. 39 Q I AREA = 133 SQ.FT. I �9TF 1 31.50 0 \F'3 •3 / o N81 ' 0 �/ / LEGEND L=12.83' Ir D=24'30'07" 7p73' ��; r, O APN FOUND MONUMENT ASSESSOR'S PARCEL NUMBER `, �I ��R 2000 .00 POB POINT OF BEGINNING I o L =8 L______________-24'30'07__J (R) RADIAL BEARING Ilm ROW RIGHT OF WAY DETAIL "A" DED DEDICATION _�� SCALE' — v — EXISTING PARCEL LINES' — CENTERLINE — — — — NEW ROW LINE BASIS OF BEARINGS EXISTING ROW LINE THE BEARING NO2'05'00"W BETWEEN THE FOUND MONUMENT AT THE INTERSECTION OF — — -- — OLD ROW LINE WESTMONT AVENUE AND HARRIET AVENUE WITH THE FOUND MONUMENT AT THE — ADJOINER LINE INTERSECTION OF HARRIET AVENUE AND ADRIEN DRIVE AS SHOWN ON THE RECORD OF TIE LINE SURVEY RECORDED DECEMBER 6, 1979 IN BOOK 455 OF MAPS AT PAGE 12, SANTA '7; ;' l VACATION AREA CLARA COUNTY RECORDS. STERLING CONSULTANTS 46560 FRENIONT BLVD, UNIT NO.205 FREMONT, CA 94538 1stcrlingconsultants@gmail.com PHONE:510.344.8955 EXHIBIT B I SCALE: AS NOTED PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE: OCTOBER 6, 2022 RIGHT OF WAY VACATION SHEET: 2 OF 2 CITY OF CAMPBELL - PUBLIC WORKS DEPARTMENT I DWG BY: DSK 290 DILLON AVE, CAMPBELL, CA 95008. PH (408) 866-2145 CHK: HRK