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.
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10 ft. Alley N89'51'25•W 50.00'
58951'25'
4.00'
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APN I
412-04-007
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LOT 8, BLOCK 1 P
LOT 10 O 7C MAPS 27 7r MAPS 27 8 l
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L 28 37 No.22023 s�t
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KENNEDY AVENUE �;r VI
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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.
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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
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No.22023 (131
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL A
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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
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Document Date: / 0o J'� Number of Pages: j;
g Signer(s)Other Than Named Above:
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RIGHT THUMBPRINT
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& 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