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CC Resolution 13129 - Vacation of a Public Sidewalk Easement at 105 Kennedy Avenue and 321 Industrial Street RESOLUTION NO. 13129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING THE PUBLIC SIDEWALK EASEMENT RECORDED AS DOCUMENT NUMBER 18161639 OF OFFICIAL RECORDS, SANTA CLARA COUNTY, AND DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION WHEREAS, an easement for public sidewalk purposes was recorded on December 27, 2004, as Document Number 18161639 of Official Records, Santa Clara,County; and WHEREAS, on February 20, 2024, the City Council approved a Planned Development Permit (PLN-2023-119) to allow construction of a stacked two-level, 1,940 square-foot duplex on an existing residential property developed with a detached single-family home to remain, located at 105 Kennedy Avenue. The permit conditions of approval included a requirement to vacate the 4-foot sidewalk easement along the Industrial Street frontage, as the proposed duplex at 105 Kennedy Avenue would encroach into the existing sidewalk easement; and WHEREAS, replacement sidewalk easements for the two (2) ADA compliant driveways along the Industrial Street frontage, and street dedication along the Kennedy Avenue frontage will be dedicated concurrently with the recordation of this vacation; and WHEREAS, the easement 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 the public sidewalk easement recorded on December 27, 2004, as Document Number 18161639 of Official Records, Santa Clara County, and directs the City Clerk to record this resolution. PASSED AND ADOPTED this 19th day of March, 2024 by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: H(`,..ecvockl- Susan M. Landry, Mayor ATTEST: /4(1.01/)/14L L A drea San s, City Clerk TO OE RECORD® WITHOUT PE8 ACTION 6103 GOVERNMENT CODE DOCUMENT: 18161639 Pages: 6 , readieBigiftwastecblvctrt OF CAMPBELL ) Fees • No Fees ) • Taxes CITY OF CAMPBELL ) Copies ) AMT PAID When Recorded Mail To ) ) RDE # 009 City Clerk ) BRENDA DAVIS City of Campbell ) SANTA CLARA COUNTY RECORDER 12/27/2004 Recorded at the request of 8:46 AM 70 North First Street ) City Campbell, CA 95008 ) APN: 412 04 008 (Space Above This Line For Recorder's Use) ADDRESS: 105 Kennedy Avenue,Campbell,CA 95008 GRANT OF PUBLIC SIDEWALK EASEMENT ROGER C. THIBODEAU AND LILIANE J. THIBODEAU, Husband and Wife, hereby GRANT to the City of Campbell, a municipal corporation, of the County of Santa Clara, State of California, an easement and right to construct and maintain a public sidewalk upon that certain real property within said City and more particularly described as follows: See Exhibit A and Plat Map attached hereto and made a part hereof by reference. Said real property shall be kept open and free of buildings and structures of any kind. Said property contains 669 square feet, more or less. y/� ot/ STATE OF CALIFORNIA/� �_ , _ , DATED r COUNTY OFAL.a On 7. T before me, the undersigned,a Notary Public pin� , and for said SIGN URE State, ersonally a geared !�_ (7 (' • ROGER C.THIBODEAU -to-t (er proved to me on the basis of satisfactory Typed o Printed Name evidence)to be the personk whose name(k)is/ago subscribed to the-within instrument and acknowledged diATURE I:...:114. ifj 0CIX-. to me that he/sk A eftkey executed the same to h�sAie their authorized capacity(fies),and that by his/her/ -their signaturek on the instrument the person(),or LILIANE J. THIBODEAU the entity upon behalf of which the person(s)acted, Typed or Printed name executed the instrument. MARLENE-K.POMEROt� �.. �` WITNESS my hand and official a. '' F Commission/1412194 6y�, /► _ Lpu.. qpiiprnu & 'ji Pubic•C��oink gnature - Name AW/1 ,/,l o/Ne (typed or printed) This area for official notarial seal. I • 10 ft. Alley N89'51'25•W 50.00' 58951'25' 4.00' _!, I APN I 412-04-007 w I ,. ,..: 1 g PI Mt LOT 8, BLOCK 1 P LOT 10 O 7C MAPS 27 7r MAPS 27 8 l � ' 4 w . Gq APN pi Li) rn 412-04-008 I I _ Ia R=14.00' 0=9017'58' Q, L=22.08' S89'51'25'E 10.00' j 17.50' N00'08'35'E 4.00' I �� N8951'25-W 50.00' <\r18.00 9017.5s ' 4. 4dk-V- 1 L 28 37 No.22023 s�t _ _ .. 09.3045 ; ' KENNEDY AVENUE �;r VI q - a s..,CAt. , '0/df PLAT TO ACCOMPANY LEGAL DESCRIPTION OF A PROPOSED SIDEWALK EASEMENT' ACROSS LOT 9, IN BLOCK 1 AS SHOWN ON THAT MAP FILED LN BOOK 7r OF MAPS AT PAGE 27 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA KENNETH NELSON — REGISTERED CIVIL ENGINEER 125 E. SUNNYYOAKS AVE. CAMPBELL, CA. fs' THIBeM.dvQ • KENNETH NELSEN REGISTERED CIVIL ENGINEER 125 E.Sunnyoaks Avc. Ste.206Campbell, CA. 95008 Phone 408-376-0834 "EXHIBIT A, LEGAL DESCRIPTION" Of a four foot wide easement for pedestrian sidewalk purposes over land lying within the City of Campbell,County of Santa Clara, State of California,being more particularly described as follows: BEGINNING at a point on the Southerly line of Lot 9 in Block 1 as shown on that map entitled"Map of the Sunnyside Tract" filed in Book"K"of Maps at Page 27,Records of Santa Clara County,California lying South 89 51'25"East of the Southwest corner of said Lot 9 and running North 00 08'35"East, 4.00 feet;thence South 89 51'25"East, 10.00 feet;thence along a curve to the left having a radius of 14.00 feet, through a central angle of 90 17'58" an arc length of 22.06 feet;thence North 00 09'23"West, 113.83' to a point on the Northerly line of said Lot 9;thence along said line South 89 51'25"East, 4.00 feet to the Easterly line of said Lot 9; thence along said line South 00 09'23"East, 131.91 feet; thence leaving said Easterly line along a curve to the right having a radius of 18.00 feet,through a central angle of 90 17'58"an arc distance of 28.37' to a point on the aforementioned Southerly line of Lot 9; thence along said line North 89 51'25"West, 10.00 feet to the Point of Beginning,containing 669 square feet more or less. <,TQaio'� - ', `M t.,, ) ETHN� ti 'I+J F,N,,.22023 m E'Y: 09,?0.0y s . I • • ‘•'9 CIVIL .'', •\ CALIFO� - i!/(�/Q¢ THIBclosure THIBODEAU EASE CLOSURE Lot name: 22 North: -65.3616 East: -1078 . 2051 Curve Length: 22 . 06 Radius: 14 . 00 Delta: 90-17-58 Tangent : 14 . 07 Chord: 19. 85 Course: N 44-59-36 E Course In: N 00-08-35 E Course Out: N 89-50-37 E RP North: -51 . 3617 East : -1078 . 1702 End North: -51 . 3235 East: -1064 . 1702 Line Course: N 00-09-23 W Length: 131 . 93 North: 80. 6061 East : -1064 . 5303 Line Course: S 89-51-25 E Length: 4 . 00 North: 80 . 5961 East: -1060. 5303 Line Course: S 00-09-23 E Length: 131. 91 North: -51 . 3134 East: -1060. 1703 Curve Length: 28 . 37 Radius: 18 . 00 Delta: 90-17-58 Tangent : 18 . 09 Chord: 25.52 Course: S 44-59-36 W Course In: S 89-50-37 W Course Out: S 00-08-35 W RP North: -51 . 3626 East : -1078. 1702 End North: -69. 3625 East: -1078. 2152 Line Course: N 89-51-25 W Length: 10.00 North: -69.3376 East: -1088 .2151 Line Course: N 00-08-35 E Length: 4 . 00 North: -65. 3376 East : -1088. 2052 Line Course: S 89-51-25 E Length: 10. 00 North: -65.3625 East : -1078 . 2052 Perimeter: 342. 27 Area: 669 sq. ft. 0. 02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0. 0009 Course: S 03-17-52 W Error North: -0. 00091 East : -0. 00005 Precision 1 : 377, 482 . 35 • ZH No.22023 (131 (11 Al OF C f Page 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT $/ Cam?!-s. .-aS :) v� .•,:v c 7.0.,w-4.!�1./. st�1r t.,:s.:.�2 > �rS ..t a •.t ��.^.".�7• (• is State of California aA (s� ��;1%` id-A� } ss. (,; County of ;�� k �j ,C)016-4edeirfrri A�: vCt1,C.6 O� �d/ before me, 1 � �i � ate f 'fJ�, 1 Name andan Tale of Officer(a q.,'Jana Doe,Notary Puhlm} :. (� L. ill Q,�e. i%f h �Z�—� � personally appeared > `� Name(s)01 Signer(s) .) (e ❑ r-rsonally known to me e t:.A roved to me on the basis of satisfactory 0 qevidence to be the person(k whose name(k) is/err )� _ .. MAR1@E1LPOMOKW subscribed to the within instrument and q $',:_ C•omndit on 01412194 acknowledged to me that-be/she/they executed '$ • •' • Maly Pubic-Oaroado i the same in -his/her/their authorized , ` \l••w/ Sonia Para Clardy capacity(is5), and that by his/her/their- 6. • My Comm.Expos May 6. signature(t) on the instrument the person(t;), or A� ( the entity upon behalf of which the persons) ( acted, executed the instrument. c. IT ESS my hand and "al seal. (C " Ki Q re of Notary Public OPTIONAL A ski Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent lC`. fraudulent removal and reattachment of this form to another document. �l ���, Description of Attached Document A /�2GA r C Title or Type of Document: // ,I P.,,, Document Date: / 0o J'� Number of Pages: j; g Signer(s)Other Than Named Above: P (v Capacity(ies) Claimed by Signer 5 S Signer's Name: :N RIGHT THUMBPRINT •„ OF SIGNER W. 0 Individual Top of thumb here aa (� 0 Corporate Officer—Title(s): � ( 0 Partner—❑ Limited 0 General a� (% 0 Attorney-in-Fact ci 0 Trustee A 0 Guardian or Conservator yj� ( 0 Other: '6 & Signer Is Representing: �� o 1999 National Notary Assoaatlon•9350 De Soto Ave,P.O Boa 2402•Chatsworth,CA 91313.2402•www nattonalnotary org Prod No 5907 Reorder Call Toll-Free 1-130D-e76-8e27 ACCEPTED ON THIS q _ day of I-2Cc... 01' for and on behalf of the City of Campbell, a Municipal Corporation, of the State of California, pursuant to Resolution No. 749, recorded in Book 450 --Page 180 Santa Clara County Records. ) ( ajt- Ann Bybee, elerk City of Campbell, California