CC Resolution 10615
Attachment 1
RESOLUTION NO.
10615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
SUMMARILY VACATING RIGHT OF WAY
AT 161 CURTNER AVENUE AND AUTHORIZING
THE PUBLIC WORKS DIRECTOR TO SIGN A QUITCLAIM DEED
AND THE CITY CLERK TO RECORD THE RESOLUTION
WHEREAS, on December 4, 2004 the Planning Commission adopted Resolution 3611
granting an approval of a Conditional Use Permit to allow wholesale/retail motor vehicle
sales within an existing industrial building; and
WHEREAS, the existing roadway alignment and the right of way limits are not
consistent; and
WHEREAS, the right of way is no longer necessary; 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 right of way to be vacated are
correctly described in Attachment 2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby vacate the right of way at 161 Curtner Avenue, authorizes the Public
Works Director to execute the quitclaim deed for the vacation of the right of way and
authorizes the City Clerk to record this resolution.
PASSED AND ADOPTED this 7TH day of March, 2006 by the following roll call vote:
AYES: Councilmembers:
Kennedy, Hernandez, Burr, Furtado, Watson
NOES: Councilmembers:
None
ABSENT: Councilmembers: None
APPROVED:
o~~
Jfif!ffiette Watson, Mayor
ATTEST:
~
Anne Bybee, City Clerk
Attachment 2
EXHIBIT A
DESCRIPTION TO ACCOMPANY PLAT FOR VACATION OF A
PORTION OF PUBLIC RIGHT OF WAY
Being a portion of that certain parcel of land described as excepting therefrom that
certain parcel of land described in Deed from Leonard K. Tyson and Mary Ann
Tyson to LRL Enterprises, dated November 23, 2004, recorded November 30, 2004
in Document No. 18118330, Santa Clara County, California Records, more
particularly described as follows:
COMMENCING AT A POINT in the south line of Section 35, 'township 7 South
Range 1 West, M.D.M., being also the centerline of Curtner Avenue, formerly Casey
Road, distant thereon N 89047'30" W, 204.00' from the intersection thereof with the
former westerly line of McGlincey A venue, said point also being the Southwesterly
corner of that certain parcel of land described in Deed from Leonard K. Tyson and
Mary Ann Tyson to LRL Enterprises, dated November 23, 2004, recorded
November 30, 2004 in Document No. 18118330, Santa Clara County, California
Records, thence along the westerly line of said lands from Tyson to LRL
Enterprises, N 00015'31" W, 44.10' to the TRUE POINT OF BEGINNING; thence
leaving said westerly line and through said lands of Tyson to LRL Enterprises,
S 82024'48" E, a distance of 32.60' to the point of curvature of a non-tangent curve,
concave to the south, having a radius of 251.56' a central angle of 07024'13", a chord
of 32.48' bearing S 83039'14" W, and a radial bearing of S 02038'40" E ; thence
westerly along said curve, a distance of 32.51' to a point in said westerly line of said
lands of Tyson to LRL Enterprises, said point having a radial bearing of
S 10002'53" E; thence along said westerly line, N 00015'31" W, a distance of 7.90' to
the TRUE POINT OF BEGINNING
Containing 0.0027 acres or 116 square feet ofland more or less.
Description prepared on April 06, 2005.
This description prepared from record data only.
See Exhibit "B" attached hereto and made a part hereof.
The bearing N 89047'30" W along the centerline of Curtner Avenue, formerly Casey
Road, as shown on that certain Record of Survey Map tiled for record in Book 299
of Maps at Page 45, Office of the Recorder of Santa Clara County, California was
used as the Basis of Bearing for this description.
//"'''7 )"1 -- 10
,
Mun Kyu Lee
R.C.E. No. C-25881
Expires: 12-31-05
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END OF DESCRIPTION
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LANDS OF LRL ENTERPRISES
APN NO. 412-33-018
Area to be Vacated So
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0.0027 acres ~olJCO,\b; 11'
S 32.60 I 116 sq ft tJC> \..-:::. '\ '?l.
8202414Zb 43.94'
72 ___~y~ _ -~-- S 89030'26" E
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EXHIBIT B
Attachment 2
JLK ASSOCIATES
SURVEFORS/ ENGINEEIIS
73 CEDD LDE
SJlI ,OSE CA. 95127
(408) 729-3734
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION
OF A PORTION OF PUBLIC RIGHT OF WAY
IN THE CITY OF CAMPBELL
IN THE COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
DATE: 04-06-05 SCALE: 1" - 20'