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:~
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Donald R. Burr, Mayor
ATTEST:
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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
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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"
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CITY OF CAMPBELL
0971 O.R. 450
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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
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(T)
(1.1-1.1)
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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
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- .
GRAPmc SCALE
1 INCH - 50 FEET
SHEET 2 OF 2 SHEETS
HMH PROJ. 3094-00-230