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CC Resolution 10390 RESOLUTION NO. 10390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE TRACT MAP FOR TRACT NO. 9591, ACCEPTING PUBLIC EASEMENTS OFFERED FOR DEDICATION, AND SUMMARILY VACATING EXCESS PUBLIC RIGHT-OF-WAY FOR PROPERTY LOCA TED AT 300 ORCHARD CITY DRIVE WHEREAS, on July 15, 2003, the City Council of the City of Campbell adopted Resolution No. 10212 approving a Tentative Map for property located at 300 Orchard City Drive; and WHEREAS, the Tract Map has been submitted and found to be in compliance with the Subdivision Map Act and Title 20 of the Campbell Municipal Code; and WHEREAS, public easements are shown on the map and offered for dedication; and WHEREAS, the public easements are needed for public access and public utility purposes; and WHEREAS, the property on the east side of South First Street is no longer necessary for public street purposes; and WHEREAS, the vacation is to be made pursuant to Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Streets and Highways Code; and WHEREAS, a legal description and plat depicting the excess public street right-of-way to be vacated and the public easements to be reserved are correctly described in Exhibit A attached; and WHEREAS, from and after the date this resolution is recorded, the portion of street vacated no longer constitutes a public street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the Tract Map for Tract No. 9591, consents to the recording of said map and accepts the public easements offered for dedication on said map in accordance with the terms of the offer. BE IT FURTHER RESOLVED that the City Council of the City of Campbell hereby vacates excess public street right-of-way on the east side of South First Street as described in Exhibit A attached, reserving a public utility easement as described in said Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Campbell hereby authorizes the Public Works Director to sign documents necessary to effect the transfer of ownership of said vacated public street right-of-way to the owners of 300 Orchard City Drive. PASSED AND ADOPTED this 21st day of September, 2004 by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Kennedy, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ===J:~ ~ Donald R. Burr, Mayor ATTEST: t~ Anne Bybee, City Clerk ENGINEERS William J. Wagner Thomas A. Armstrong Michael L. Morsilli David M. Wilson James E. Thompson H , H San Jose (408) 487-2200 Gilroy (408) 846-0707 ~ ~ www.hmh-engineers.com September 14, 2004 HMH 3094-00-230 Page 1 of 2 EXHIBIT "A" STREET VACATION REAL PROPERTY in the City of Campbell, County of Santa Clara, State of California, being a portion of Parcel 1 as described in the deed to the City of Campbell recorded May 16, 1973, in Book 0379 of Official Records, Page 452, Santa Clara County Records, more particularly described as follows: BEGINNING at the most northerly terminus of that certain course shown as "South 31 °44'30" West, 228.57 feet" on that certain Parcel Map filed for record on March 12, 1974, in Book 337 of Maps, page 19, Santa Clara County Records, being an angle point in the southeasterly line of South First Street; Thence along the easterly line of said South First Street, North 0°09'55" East, 14.20 feet, being the most northerly corner of said Parcel 1; Thence southwesterly along the northwesterly line of said Parcel 1, South 32°03'11" West, 19.51 feet, to the beginning of a non-tangent curve to the left, whose center bears North 72°37'08" West; Thence southwesterly along said the curve, having a radius of 230.00 feet, through a central angle of 05°22'30" for an arc length of 21.58 feet, to the northwesterly prolongation of the southwesterly line of that parcel of land described in the deed to Water Tower I, LLC, recorded February 28, 2001, in Document No. 15575756 of Official Records, Santa Clara County Records; Thence along said prolongation, South 57°47'38" East, 3.02, to the southeasterly line of said Parcel 1, being the southeasterly line of South First Street; Thence along said southeasterly line, North 32°03'11" East, 28.56 feet, to the POINT OF BEGINNING. Excepting therefrom a public utility easement. 30r,4LDO4.doc Containing 208 square feet, more or less. See Plat attached hereto and made a part hereof by reference. 1570 Oakland Road, Suite 200' P.O. Box 611510' San Jose, CA 95161-1510' Tel: (408) 487-2200' Fax: (408) 487-2222 7951 Wren Avenue, Suite D . Gilroy, CA 95020-4903 . Tel: (408) 846-0707' Fax: (408) 846-0676 -l;R~HARD CITY ~RIVE I 532'03'11 "W 19.51' .!!??:!7'O8",., - -?'@¿ r- w W 0:: r- en r- en 10:: lL. I r- ::::> 0 en LANDS OF THE CITY OF CAMPBELL N686 O.R. 1040 30' LANDS OF WATER TOWER I DOC.# 15575756 NOO'09'55"E 14.20' R=230.00' L=21.5B' 6=05'22'30" I / ~O' 0 25 ~ 50 I I LANDS OF THE CITY OF CAMPBELL 0971 O.R. 450 ~ Lt) GRAPHIC SCALE 1 INCH = 50 FT. / " It) 0 ~ 0 0 N SHEET 2 OF 2 Hl'JH~ Plat to accompany description: FOR STREET VACA~ON PURPOSES ENGINE-ERS ~J - CAMPBELL, SANTA a..ARA COUNTY. CALIFORNIA OWNER'S STATEMENT WE f£REBY STATE THAT WE ARE THE OWNERS OF OR HAVE SO~E RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WlTliN TliE SUBDIVISION SHOWN UPON THIS ~AP; TliAT WE ARE THE O/>LY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; THAT WE HEREBY CONSENT TD THE ~AKING OF THIS ~AP AND T1£ SUBDIVISION AS SHOWN WlTliN T1£ DISTINCTIVE BORDER LINE. WE f£REBY DEDICATE TO PUBLIC USE, EASEMENTS FOR ANY ANO ALL PUBLIC UTILITY FAaLiTIES INCLUDING POLES, WIRES, CONDUITS, GAS, WATER, HEAT ~AINS Ar-v ALL PUBLIC UTILITIES Ar-v APPURTENANCES TO T1£ ABOVE, OVER, UNDER Ar-v UPON TliOSE CERTAIN AREAS OF LAr-v DE~GNATED Ar-v DELINEATED AS "P.U.E: (PUBLIC UTILITY EASEMENT). THESE EASEMENTS SHALL BE KEPT OPEN AND FREE FRO~ BUILDINGS Ar-v STRUCTURES OF ANY KINO EXCEPT PUBLIC UTILITY STRUCTURES, IRRIGATION SYSTEIIS, Ar-v APPURTENANCES TliERETO, LAWFUL FENCES, Ar-v ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. CONTAINED WlTliN T1£ 'P.U.E: ARE PRIVATE STOR~ DRAINAGE. PRIVATE SANTARY SEWER Ar-v PRIVATE WATER FAaLiTIES. T1£ ~AJNTENANCE. REPAIR, AND/OR REPLACE~ENT OF PRIVATE STOR~ DRAINAGE AND PRIVATE SANTARY SEWER FAaLiTIES SHALL BE THE SOLE RESPONSIBILITY OF T1£ PROPERTY OWNERS AS DETER~INED BY THE APPROPRIATE COVENANTS. CONDITIONS, AND RESTRICTIONS. WE ALSO HEREBY DEDICATE TO PUBLIC USE, EASEMENTS FOR EMERGENCY ACCESS PURPOSES OVER AND UPON lHOSE AREAS OF LAr-v DESIGNATED AND DELINEATED AS "E.A.E: (E~ERGENCY ACCESS EASE~ENT). WE ALSO HEREBY DEDICATE TO PUBLIC USE EASE~ENTS FOR INGRESS AND EGRESS PURPOSES OVER lHOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS 'P.I.E.E: (PUBLIC INGRESS AND EGRESS EASE~ENT). THERE ARE ALSO SHowN ON TliS ~AP AREAS OF LAr-v DESIGNATED Ar-v DELINEATED AS 'I.E.E: (PRIVATE INGRESS Ar-v EGRESS EASE~ENT) TO BE RESERVED AS PRIVATE ACCESS EASE~ENTS FOR THE PRIVATE USE OF T1£ OWNERS OF T1£ LOT ADJOINNG EACH SUCH EASE~ENT, T1£IR LICENSEES, VI~TORS, Ar-v TENANTS. THESE EASEMENTS ARE NOT OFFERED, NOR ARE TliEY ACCEPTED FOR DEDICATION BY THE aTY OF CA~PBELL. 1HERE ARE ALSO SHOWN ON TliS ~AP AREAS OF LAr-v DESIGNATED Ar-v DELINEATED AS "U.E: (PRIVATE UTILITY EASEMENT) TO BE RESERVED FOR PRIVATE ACCESS, Ar-v FOR T1£ INSTALLATION ANO ~AiNTENANCE OF PRIVATE STOR~ DRAINAGE FAaLiTIES, PRIVATE SANTARY SEWER FAaLiTIES. Ar-v PRIVATE WATER FAaLiTIES FOR T1£ PRIVATE USE OF T1£ OWNERS OF T1£ LOT ADJOINNG EAai SUai EASE~ENT, THEIR LICENSEES, VI~TORS, AND TENANTS. T1£ MAINTENANCE, REPAiR ANO/OR REPLACEIIENT OF 11£SE PRIVATE FAaLiTIES SHALL BE THE SOLE RESPONSIBILITY OF T1£ LOT OWNERS BENEFITED, AS DETER~INED BY TliE APPROPRIATE COVENANTS. CONDITIONS AND RESTRICTIONS. T1£SE EASE~ENTS ARE NOT OFFERED, NOR ARE T1£Y ACCEPTED, FOR DEDICATION BY TliE aTY OF CA~BELL. THERE ARE ALSO SHOWN ON TliS ~AP AN AREA OF LAND DESIGNATED AND DELINEATED AS 'B.D.E." (BUILDING DRIFT EASE~ENT) TO BE RESERVED AS PRIVATE EASE~ENT OVER LOT 1 IN FAVOR OF LOT 2 TO ALLOW A BUILDING LOCATED ON LOT 2 TO TE~PORARILY ENCROACH UPON LOT 1 DUE TO A SWAY OF SUCH BUILDING CAUSED BY NATURAL FORCES. WATER TOWER I, LLC, A CALIFORNA LI~ITED LIABILITY COMPANY -------------------------- BY: JA~ES D. ~AIR ITS: ~EMBER TRUSTEE'S STATEMENT FIRST A~ERICAN TITLE INSURANCE COMPANY, AS TRUSTEE UKJER THAT CERTAIN DEED OF TRUST RECORDED FEBRUARY 2B, 2001, IN DOCUMENT NO. 15575757 OF OFFlaAL RECORDS, OF SANTA CLARA COUNTY, ENCU~BERING T1£ LAr-v HERÐN SHOWN DOES HEREBY CONSENT, ON BEHALF OF TliE BENEFJaARY. TO THE ~AKING AND FILING OF TliS ~AP. FIRST A~ERICAN TITLE INSURANCE COMPANY BY: ------------------------- SOILS AND GEOLOGICAL REPORT A SOILS AND/OR GEOLOGICAL REPORT ON THIS PROPERTY HAS BEEN PREPARED BY LOWNEY ASSDaATES, DATED SEPTE~BER 3, 2003, A copy OF WHCH HAS BEEN FILED WITH 1HE OFFJCE OF 11£ aTY ENGINEER. ACKNOWLEDGEMENT STATE OF ---------------- SS COUNTY OF ---------------- ON ------------------------------, 20___, BEFORE ~E, 1HE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED ------------- --------------------------------------------------------------- [ ] PERSONALLY KNOWN TO ~E OR [ ] PROVED TO ~E ON T1£ BA~S OF SATISFACTORY EVIDENCE TO BE 11£ PERSON(S) WHOSE NA~E(S) IS/ARE SUBSCRIBED TO T1£ WITHIN INSTRU~ENT ANO ACKNOWLEDGED TO ~E TliAT HE/SHE/T1£Y EXEaJTED T1£ SA~E IN HS/HER/THEIR AUTHORIZED CAPAaTY(IES). Ar-v THAT BY HS/HER/THEIR ~GNATURE(S) ON T1£ INSTRU~ENT T1£ PERSON(S), OR THE ENTITY UPON BEHALF OF WItCH T1£ PERSON(S) ACTED. EXEaJTED T1£ INSTRU~ENT. WITNESS ~Y HAND. NOTARY'S ~GNATURE PRINTED NOTARY'S NA~E ---------------------- COUNTY OF NOTARY'S PRINCIPAL PLACE OF BUSINESS ---------------------- EXPIRATION DATE OF NOTARY'S CO~~IS~ON =:=::::::::::::::::: NOTARY COIj~ISSION NU~BER ---------------------- ACKNOWLEDGEMENT STATE OF ---------------- SS COUNTY OF ---------------- ON ------------------------------. 20___, BEFORE ~E. 11£ UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE. PERSONALLY APPEARED ------------- --------------------------------------------------------------- [ ] PERSONALLY KNOWN TO ~E OR [ ] PROVED TO ~E ON T1£ BA~S OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NA~E(S) IS/ARE SUBSCRIBED TO 11£ WlTliN INSTRU~ENT Ar-v ACKNOWLEDGED TO ~E THAT HE/SHE/T1£Y EXEaJTED 11£ SA~E IN HS/HER/THEIR AUTHORIZED CAPAaTY(IES), Ar-v TliAT BY HS/HER/THEJR SIGNATURE(S) ON T1£ INSTRU~ENT T1£ PERSON(S). OR THE ENTITY UPON BEHALF OF WItCH T1£ PERSON(S) ACTED. EXEaJTED 11£ INSTRU~ENT. WITNESS ~Y HAr-v. NOTARY'S SIGNATURE PRINTED NOTARY'S NA~E ---------------------- COUNTY OF NOTARY'S PRINCIPAL PLACE OF BUSINESS :::::::::::::::::::::: EXPIRATION DATE OF NOTARY'S CO~~ISSION ---------------------- NOTARY CO~~ISSION NU~BER ---------------------- aTY ENGINEER'S AND CITY CLERK'S STATEMENT I HEREBY STATE TliAT I HAVE EXA~INED T1£ HEREON FJNAL ~AP OF TRACT 9591; TliAT TliE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY 11£ SAIAE AS IT APPEARED ON TliE TENTATIVE ~AP AND ANY APPROVED ALTERATIONS 1HEREOF; TliAT ALL PROVISIONS OF T1£ SUBDIVISION ~AP ACT, AS A~ENDED, AND OF ANY LOCAL ORDINANCE APPLICABLE AT T1£ TI~E OF APPROVAL OF THE TENTATIVE ~AP HAVE BEEN COMPLIED WITH. ' DATE: ------------- ----- - ----- - -- -- -- - -- -- ---- ~ICHELLE QUINNEY, R.c.E. 44144 RCE EXPIRES: 6/30/05 TRACT 9591 WATER TOWER PLACE LOT 2 HEREIN IS FOR CONDOMINIUM PURPOSES CAMPBELL, CALIFORNIA COOgSTING OF 2 SÆETS BEING A SUBDIVISION OF A PORTION OF PARCEL A AS SHOWN ON THAT PARCEL ~AP FJLED FOR RECORD IN BOOK 337 OF ~APS, PAGE 19, Ar-v A PORTION OF THAT PARCEL OF LANO DESCRIBED IN THE DEED RECORDED IN BOOK 0379 OF OFFlaAL RECORDS. PAGE .52, SANTA CLARA COUNTY RECORDs. SEPTE~BER, 200. H~'~H=~ .:llactl.~.:8:8:"" ==-- SURVEYOR'S STATEMENT THIS ~AP WAS PREPARED BY ~E OR UNDER ~Y DIRECTION AND IS BASED UPON A FIELO SURVEY IN CONFOR~ANCE WlTli 11£ REQUIRE~ENTS OF 11£ SUBDIVISION ~AP ACT AND LOCAL ORDINANCE AT T1£ REQUEST OF REGIS HOIAES OF NORTHERN CALlFOR"'A IN OCTOBER, 2002. I HEREBY STATE THAT TliS FINAL ~AP SUBSTANTIALLY CONFOR~S TO TliE COIÐITIONALLY APPROVED TENTATIVE ~AP Ar-v ANY APPROVED ALTERATIONS 1HEREOF. THAT THE SURVEY IS TRUE Ar-v COIjPLETE AS SHOWN, THAT ALL ~ONUMENTS ARE OF TliE CHARACTER AND OCaJPY T1£ PO~TIONS INDICATED, OR TliAT MY WILL BE SET IN lHOSE POSITIONS BEFORE SEPTE~BER, 2007, Ar-v THAT SAID ~ONU~ENTS ARE OR WILL BE SUFFIaENT TO ENABLE THE SURVEY TO BE RETRACED. DATE: ------------- ------------------------------ STEVE W. DANNER LS 5106 LICENSE EXPIRES 06-30-2007 I AM SATISFIED T1£ ~AP IS TECHNCALLY CORRECT. DATE: ------------- ------ - -- -- - -- ---- - - - -- ------ IRVIN HAROLD HOUSLEY, R.c.E. 16BO7 RCE EXPIRES: 6/30/05 CITY CLERK'S STATEMENT I HEREBY STATE THAT TliS ~AP DESIGNATED AS TRACT 9591, CONSISTING OF 2 SHEETS WAS APPROVED BY T1£ aTY COUNaL OF T1£ aTY OF CA~PBELL AT A ~EETING OF SAID COUNaL HELD ON 11£ --- DAY OF ------------, 200_, AND THAT SAID COUNCIL DID ACCEPT 11£ DEDICATION OF ALL STREETS AND PORTIONS MREOF AND ALL EASEMENTS OFFERED FOR DEDICATION SUBJECT TO I~PROVEIAENT. ON BEHALF OF THE PUBLIC IN CONFOR~ITY WITH THE TER~S OF 1HE OFFER OF DEDICATION. DATE: -------------- ------------------- RECORDER'S STATEMENT FILE NO. ------------ FEE $-------- PAID, ACCEPTED FOR RECORD Ar-v FILED TliS ------------ DAY OF -------------. 20___, AT --______M. IN BOOI< ------ OF ~APS AT PAGE(S) --------- SANTA CLARA COUNTY RECORDS AT THE REQUEST OF aiCAGO TITLE COMPANY. BREr-vA DAVIS. COUNTY RECORDER SANTA CLARA COUNTY, CALIFORNA BY: ------------------------------ OEPUTY 9591F"01 SHEET 1 OF 2 SHEETS HMH PROJ. 3094-00-230 '59""02 TRACT 9591 WATER TOWER PLACE LOT 2 HEREIN IS FOR CONDOMINIUM PURPOSES CAMPBELL, CALIFORNIA CONSISTING OF 2 SHEETS BEING A SUBDIVISION OF A PORTION OF PARCEL A AS SHOWN ON THAT PARCEL MAP FILEO FOR RECORD IN BOOK 337 OF MAPS. PAGE 19, AND A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE DEED RECORDED IN BOOK 0379 OF OFFICIAL RECORDS, PAGE 452, SANTA CLARA COUNTY RECORDS. SEPTEMBER, 2004 H ~,~ H ::~ ...nCII.~.""~"I ==-- BASI S OF BEARI NGS T}£ BEARING OF NORTH 31' 52' 15' EAST ALONG 11£ MONUMENT Lil£ OF RAILWAY AVENUE AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD IN BOOK 655 OF MAPS. PAGES 35 lffiOUGH 37, SANTA CLARA COUNTY RECORDS, AS FOUi'IJ MONUMENTED, WAS ADOPTED AS T}£ BASIS OF BEARINGS. LEGEND - - - - DlSTlNCTlVE BORDER LINE. - LOT LlI£ -+-- LINE NOT DRAWN TO SCALE RH RECORD DOCUMENT R1: ROS 461-1.1-47 R2: ROS 655-1.1-35 REFERENCES: R3: PARCEL MAP 337-11-19 ~ STAi'lJARD CITY MONUMENT FOUND AS DESCRIBED IN RECORD OR AS NOTED . RH 3/4" IRON PIPE FOUtÐ. AS DESCRIBED IN RECORD OR AS NOTED. (NO KNOWN RECORD UN..ESS NOTED "RH") 3/4" IRON PIPE SET All) TAGGED 'LS 5106" NAIL SET AND TAGGED 'LS 5106" RADIAL BEARING TOTAL OF DIMENSIONS ALONG THIS LINE OR CURVE MONUMENT TO MONUMENT DIMENSIONS DIMENSION AS DESCRIBED IN RECORD EMERGENCY ACCESS EASEMENT PUBLIC INGRESS & EGRESS EASEMENT PRIVATE INGRESS & EGRESS EASEMENT PUBLIC UTlLlTY EASEMENT PRIVATE UTILITY EASEMENT BUIWNG DRIFT EASEMENT STREET VACATlON @ 0 e (R) (T) (1.1-1.1) (...)RH E.A.E. P.I.E.E. I.E.E. P.U.E. U.E. B.D.E. [Z'Z] NOTES 1. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. 2. THE DISTlNCTlVE BORDER DENOTES THE BOUNDARY OF THE SUBDlV1SION. 3. THE AREA \\1THIN THE DISTlNCTlVE BORDER IS 2.393 ACRES, MORE OR LESS. 4. AREA OF LOT 1 IS 74,552 SQUARE FEET. 5. AREA OF LOT 2 IS 29,669 SQUARE FEET. !SO 0 25 !SO ""_... ¡"",..I - . GRAPmc SCALE 1 INCH - 50 FEET SHEET 2 OF 2 SHEETS HMH PROJ. 3094-00-230