Sunnyoaks Ave. (1967)
RESOLUTION NO.
BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL; COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, VACATING A PORTION OF SUN-
NYOAKS AVENUE SITUATE ON THE NORTHERLY SIDE OF
SAID SUNNYOAKS AVENUE AND ,BETWEEN CAMDEN AVENUE
AND DELL AVENUE.
WHEREAS, the City Council of the City of Campbell, County
of Santa Clara, State of California, pursuant to the provisions
of Division 9, Part 3, Chapters 1, 2, and 3 of the Streets and
Highways Code of the State of California, did heretofore on the
11th day of September , 19 67 , pass upon and
adopt its Ordinance of Intention to vacate a portion of Sunny-
'oaks Avenue, a public street in the City of Campbell, being
Ordinance No. 610 ; and,
WHEREAS, at the hour 8:00 o'clock p.m. of this 9th
day of October , 19 67 , in the Council Chambers at
City Hall, at 75 North Central Avenue, Campbell, California, are
the time and place set for hearing all persons interested in or
having objections to said proposed vacation; and,
WHEREAS, at the said hearing evidence was presented by person
interested in said proposed vacation and no persons appeared in
objection thereb6; and,
WHEREAS, the City Council of said City of Campbell finds and
determines from the evidence submitted that the portion of Sunny-
oaks Avenue described upon said Ordinance of Intention is un-
necessary for present or for prospective public street purposes; and
NOW, THEREFOR, BE IT RESOLVED AND IT IS HEREBY ORDERED by the
City Council of said City of Campbell that the portion of Sunny-
oaks Avenue, a public street in the City of Campbell, hereinafter
described, be, and it is hereby vacated, abandoned, and closed to'
public uses, and that the portion of said Sunnyoaks Avenue hereinabove
referred to is that certain portion of Sunnyoaks Avenue situate on
the Northerly side of Sunnyoaks Avenue, between Camden Avenue and
Dell Avenue and more particularly described as that certain real
property situate within the City of Campbell, County of Santa Clara,
State of California, conveyed to said City of Campbell, for street
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purposes, by Western Gravel Company, a corporation, by that cer-
tain grant deed dated July 6, 1960, and recorded July 14, 1960,
and filed in Book 4854 of Official Records, at Page 521, in the
office of the County Recorder of the County of Santa Clara,
State of California.
PASSED AND ADOPTED this day of
19 , by the following vote:
, AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
,
APPROVED:
Mayor EdwardJ. Rogers
ATTEST:
City Clerk Dorothy Trevethan
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~ """'117 to the City of Campbell dated Ju1;r
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*' ....hu'.... of Abandonae1t, ,we muot rQ~lin au!t1ct.~_~.._.
It d:lIt.Mbutioft line whic1i' 6V6lflani~o tho portion
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ORDINANCE NO. 610
BEING AN ORDINANCE OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, TO VACATE
A PORTION OF THAT CER~AIN STREET KNOWN AS
SUNNYOAKS AVE:N-LJE SITUATE ON THE NORTHERLY
SIDE THE,REOF BETWEEN CAMDEN AVENUE AND DELL
AVENUE, BEING A PUBLIC STREET IN SAID CITY,
AJ..'\J'D SETTING A TIME AND A PLACE OF THE HEARING
THEREON AND GIVING NOTICE THEREOF.
WHEREAS, the City Council of the City of Campbell finds
and determines that a' certain portion of Sunnyoaks Avenue, a
public street in the City of Campbell, the description of
which, together with a plat thereof, is on file in the office
of the City Clerk of the City of Campbell, at City Hall, 75
North Central Avenue, Campbell, California, is not necessary
for present or for prospective public street purposes; and
m1EREAS, the City Council of the City of Campbell finds
and determines that it is in the best interest and for the
betterment of the general welfare of the citizens of the City
of Campbell and of the public at large that said portion of
Sunnyoaks Avenue be vacated; and
WdEREAS, the City Council of the City of Campbell does
'hereby elect to proceed in accordance with the provisions of
Division 9, Part 3, Chapters 1, 2, and 3 of the Streets and
Highways Code of the State of California:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL
DOES ORDAIN AS FOLLOWS:
Section One: That it is the intention of the City Council of
the City of Campbell to vacate, abandon, and close to public use
that certain portion of Sunnyoaks Avenue situate on the Northerly
side thereof between Camden Avenue and Dell Avenue, being a public
st:ceet in said City". a description of which, together with a plat
thereof, is on file in the office of the.'City Clerk of the City
of Cw~pbell, at City Hall, 75 North Central Avenue, Campbell,
California, reference to which is hereby made for further particu-
lars.
.
Section Two: NotiC~Y given that on
the~th day of' ~&ir-, 19
Monday
67 , at the hour
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of 8: 00
o I clock P . M of said day, in the City Council
the City Hall, at 75 North Central Avenue, Cwupbell,
is hereby set as the time and the place for hearing
interested in or having objections to said proposed
Chambers in
California,
all persons
vacation.
Section Three: IT IS HEREBY ORDERED AND DIRECTED that a
copy of this Ordinance of Intention be forthwith published twice,
once each week for two successive weeks, wnich latter publication
shall be made not less that ten (10) days prior to the date of the
hearing, in the Campbell Press, a newspaper of general circulation,
printed and published in the City of Campbell, and that Notices
of Public Street Vacation be posted conspicuously along the line
of the street or part thereof proposed to be vacated at least
- ten (10) days prior to the date set for the hearing thereon,
,
such notices shall be posted not more than three hundred (300)
feet apart, but at least three (3) such notices shall be posted.
Such notices shall state the passage of this Ordinance of Inten-
tion and announce the time and the place of the hearing on the
proposed vacation.
Section Four: The following is the description of that
certain portion of Sunnyoaks Avenue which is proposed to be
vacated.
That certain real property situate within the City of Cw~p-
bell, County of Santa Clara, State of California, and more part-
icularly described'es that certain parcel of land 90nveyed to
the City of Campbell, a municipal corporation, for street pur-
poses, by Western Gravel Company, a corporation, by that certain
Grant Deed dated July 6, 1960, and recorded July 14, 1960, and
filed in Book 4854 of Official Records, at Page 521, in the of-
fice of the County Recorded of the County of Santa Clara, State
of California.
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19
PASSED AND ADOETED this 11th
67 I by the following vote:
AYES : Councilmen: Doetsch,
NOES Councilmen: None
ABSENT: Councilmen; None
APPROVED:
day of
September
Hyde, Rose, Smeed, Rogers
ATTEST:
Edward J. Rogers
Mayor
V. M. Sheehy
Deputy City Clerk
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Western Grevel CO:-:lPOi,y
3427. OR. 280
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BE GRANTED TO
OF CAMPBELL FOR
STR EET PURPOSES
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MEMO
November 19, 1963
TO: City Council
FROM: City Engineer
RE: Consideration of dedication of trianqular piece on
Sunnyoaks to Western Gravel
Western Gravel Company was required to dedicate a
triangular piece of property on the north side of
Sunnyoaks as a condition jbr approval of the Winchester
Drive-in. This trianqular piece of property was to provide
for the street alignment of the Expressway which was
considered at that t~e to dip southerly from the plan line
to save the drive-in.
This land was dedicated for street purposes and was
recorded in Book 4854, Page 521 on July 14, 1960.
It is our recommendation that the City revert title
to this piece of property to Western Gravel Company in that
the parcel has no public use that could be used for development
when the parcel to the north develops.
A map will be presented of the property at the Council
meeting_ The City Attorney and myself will be prepared with
necessary documents to facilitate the return of this property
to its original owners.
Myron D. Hawk,
City Engineer
MOH: cb
~Innl~ at the northw..terly com.r of that c.rtaln 1.816 acre parcel of land conveyed to
Ettiel Me.I. by Deed recorded In Book 1320 Official R.corda, page 561, Santa Clara County
Records, said poInt of beglnn'ng being a poInt In the southeasterly lIne of the land of the
South.-n laclflc Company; thence along said 5Outt.eaaterly Iln. of the Southern Pacific Company
North 3~10'OON Ea.t 856.21 fe.t to the northwesterly comer of that certain 11.74 acr.
parcel of land conveyed to Harry F. Evans by Deed Recorded In Book 498 of De.ds, page 97,
~ Clara County Record., thence along ~. northerly line of said 11.74 acre pc.wc.loNorth
8~S8'OON Ea.t 366.21 f..t; Th."ce South 0 01'50" Ea.t 217.,65 f..t; thence South 89 58'40"
East 75.80 feet, thence South CT"'O l' SOli East 180.92 f..t to the northwesterly comer of the
parcel of land conveyed to Russel J. Haggard, et ux, by Deed recorded In Book 1395 OH1clal
Records, page 417, Santa Clara County Records; thence al~g the westerly line of said parcel
conveyed to Haggard and Its southerly prolongation South 0 01'50" East 2416.10 feet to the
...-thw....rly com.r of that certain par~el of land conveyed to Frank W. Robemon, .t ux,
t.y Deed recorded In Book 2814 of Official Records, page 344, Santa Clara County Records,
thence along the west.rly line of said parcel conveyed to Fronk W. Robertson and Ih
southerly prolongation South 3032'10" West 219.71 fe.t to its Intersection with the northerly
Iln. of the parcel of land conveyed to the City of Campbell by Deed record.d In Book <4690
Official Records, pa&e 152, Santa Clara County Records, said line being the northerly
11M of Sunnyoaks Avenue as it now exists; thence along ~e said northerly line of Sunnyoaks
on a curve to the left, from a tang!nt bearing of South 83 18130" We.t, having a radius of
686.40 feet, CI central angle of 17""44'20" and an arc length of 212.51 feet; thence leaving
said Ifne of Sunnyoaks on 0 lIn. parallel to the said westerly line of pa,[cel conveyed to
Frank W. Robertson North t'32110" East 181.78 feet, thence South 8crI3140" W..t 496.07
feet to the northeasterly corner of said 1.816 Acr. porcel ~nveyed to Ethel McBride;
thence along the northerly line of last said parcel North 8352130" West 197.q4 feet to
the point of beginning containing 11.760 Acres.
Surveyed by Creegan & DIAngelo
June 29, 1960
Job: 60-24
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Offlc1al Plat L1ae Var~ 110. ~
lit __cine. with the ......1.1._ of SectleD 9404. ChIIpter
4, I'll ,bell Ibd.eq.l Code, the WISTIU GMVIL CCIIM.ft 18 her..
by IraDted a YarfAlnce to -.rouh _to tb4t Offt.eial ,leD Line
of Oe SeD T_ Acpd.Do .........., fK the ,,*c~ .f ~.truct-
lDI . Ddve-ID Movie, .-jeet to the fel101d.Da CGDCI1t1eD:
De41eetloa .f ...fficu.t ...... alatl luau,.... Avenue
for: the nallp.l.t of ..id P1aD Lilt..
lald Var1aDc. .. seated by RuoluUon h. 958 of the
City CouDcll of the CiC, of r...bell at . reaular _eiaS held
GO the 3lat ., of Kay. 1960.
tIft CCMlCIL
CITY ~ CAIIPB&I..L. QLIFOUIA
DalOlR! 1'I.IV'I'IIIl1I. CIn C'~1.
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May 31, 1960
"5" l\I.>prQval
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Western Gravel Drive-In
RecCl1l8lendat~ions of Cit,y Engineer's Office:
1. Developer t.o furnish improvement plan t,o be
approved by Cit.y Engineer's Office before land is
improved. Ingre.ss and egress for present: conditions and
also for future condit.ions after construction of San Tomas
Expressway to be planned for best possible traffic flow.
Agreement, should be reached as t.o possible changes to
be made in access at a future t.ime.
2. Mr. Lynn Beat.t,y has indicated willingness to
make some dedicat:ion along sunnyoaks Avenue in connect.ion
with the realignment of San Tomas expressway in the
vicinity of his property in the area of ~his .5" Approval.
Some flX11l commitment. re<<;Jardinq this matter should be
obtained.
Carl J. ,Mortensen
City EnCJineer
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lW.IUd~.~\t..ilC~e"pe . ..tact. ..int..eetl_. c>>f '..tll,~....t_l1
l~.f<.. ~..c1s~," r1&htof ..wqof 'd\e. SOutb..-o ,.UlCi ..~lraa4
~11d.'Ub ',.... .,,,,17 11M of tbatc.~1e13.U..._"< qo4lCt of
1ab4<1e8Cd.b.. in ...~'. .... from Ira A.Beal to ~t C.' ..~.m.
at UK, <eelJeuary' 2.1946 aDd recor4ed J_~16" 1~~1D~"k
l~a of Ofti01al Ieoords, page 285, BaDta Clara QlNntJ ......... ,thence
qavloseaidlanda and dabt of way of the IcIuthem ,..1ilcW1roa.
C..any end t:'UDQUI aloq the Northerly line of .alel 13.29 .re tract
of ,land, South 830 43' Iaat6S1.S7 feet u the Rorthwe.~r'l,.c.orD.1' of
that oertain parc.lof land conveyed by Robert Co llerHbbach, .t \IX, .
to l.u8.ell J.Baggard, et we, by Deed clatedSeptGlber16, 1946 and
recorded DeceuDer 21, 1946 in Book 1395 of Official ~ZChI, page 417,
BaDC. Clua County ll.ecorda. thenCe along the Westerly line of said
pare.lof land cODveyed to tussell J. Hagprd, et \lX, .leal the Westerly
11ne of tbat certai. parcel of land cODveyed by ..bert C. Heraebbach,
at we, to BlIIer J. Smith, et we, by Deed ..tad Autbat 2.8. 1946 and
reoorded December 27, 1946 10 Book 1395 of Off1.141 Recorda, page 417 t
SaDta Clara County beords, and alool the Westerly liae of that eertaiD
parcel of land cODveyed by Robert C. Heracbbaeh, et we, to s.. W. Bry.,
by Deed dated June 2, 1953 aad recorded _ NovUlber 10, 1953 1n Book 275S
of Official bcords, page 308, Santa Clara Ceunty l.eeorcla, ,aca1lel with
the Westerly line of the Old Santa Clara and Los Gatos Road, now known
as Camden ~enue, South I. 031 East 246.10 feet to the Southwesterly
corner Gf said parcel of land conveyed to Sam W. Bryan and the Mortb-
weaterly corner of that certain parcel of land cODveyed by Ilobert C.
Hersebbach, et ux, to Prank W. Roberson. et 11f, by Deed. elated February
15, 1954 and recorded February 16. 1954 in Book 2814 of Offlcial
Recorda, page 344, Santa Clara County a.ecords; tbence aloDI the
Westerly and Southerly lines of said pareel of land conveyed to
Frank W. Roberson, at ux, South 30 31 t West 92.11 feet anel South 830
43' East 175.00 feet to the Southeasterly corDer of said parcel of
land conveyed. to Frank W. Roberson, et ux, in the Southeasterly line
of that certain 10 foot strip of land conveyed by Ira A. Beal to Robert
C. Herschbaeh by Deed dated June 24, 1952., recorded. February 26, 1953
in Book 2588 of Official Records, page 434, Santa ClaEa County Records;
thence along the Southeasterly line of said 10 foot strip of land South
190 55' 20" West 113.88 feet to the Northwesterly corner of that certain
parcel of land conveyed by Pacific Coast.'<:.Aggregate8, Inc., a corporation
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't ~l .~>;'I'lnlll..belowth.. sur .,' ,,'i'f;" .
*M":. ,'. ,....t11. .,',I:U.~'t.h.J'.off tbenced.. . ,
. ,.1l11.. ,..'" ,11}.,".16.'r..p.rcel .f l.ncINo~ .,'
o ,'..,,' .,... . '., ,~.t,.3O(J.4!.f..t.'. tfti..,ba:t at th"NPrtM"""er:lr
c.,..,:Ih.r.."tbeoc' al_th. Northerly l1neof...id .
1.11.,_~e p.cel of l.d~h 83- 55' 30....s1: 197.00 fe.t
to' .~plpe ,.e' s!.x lnch., belowth. surf._ of the,
fdUtl, ',,',' " ',:,.'..'.',t,' "'"ll,',,, ..,',,'..,' '.' r." ',thwe,' '., t., 8'1', ir' co, r,ner . Of, .said 1., 81, 6 ecre . puce., 1
of 'I.. in ..tbe."lOuthe..tery line .f the lands .nd ri9ftt ".
of ,...y ,ofth.SOUtb....Paelflt CoIllpanJ't thence leavin,. ..id
1.816 acrepl'Z'celof .J..d Ind runnIng8long the SOutb..'tArly
li... .f t.he ;a.ands ~ right of .ayd'f the Sou'thern Pael.flc
, C...,any,NOl'tb320 07'E.at470.16feet to the point of
b..!.nn~n9 Iftd bein, portions of Section. 34 and 35, TO\tfttlllp ,
7 SOutb, ~. 1 Weat, and Sections 2 and 3, Township' 8 South
Haage 1 West, Mount Diablo 8..e and Meridian. .
EXCEPTING THEREFROM the interest granted for street p poaes
in the Deed from ....tern Gravel Co~any, 8 Californi". .
corporation, to the City of Campbell, a municipal corporation,
dated July 14, 1958,recorded Pebruary 9, 1960 in Book 4690
Official Records, page 152, as follows: ~ ~
BEGINNING at the Southeasterly corner of that certain 1.816
acre tract conveyed to Ethel McBride by need recorded in
Book 1320, page 561 Official Records of Santa Clara County,
thence along the Southerly line of said 1.816 acre tract
North 840 33t West 285.40 feet to the Southwesterly corner
thereof; thence along the boundaries of that certain parcel
of land conveyed to Western Gravel Company, by Deed recorded
in Book 3427, page 280 Official Records of Santa Clara County,
esfollows:
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South 30 33' East 30.39 feet, South 840 33' East ~ If'xh,brfA
feet, Easterly along 8 curve to the left, tangent~ ~I I
described course, having a radius of 159.60 feet, a central
angle of 400 OOt an arc distance of 320.86 feet, Easterly
along a curve to the right, tangent to last described curve,
having a radius of 652.40 feet, a central angle of 340 48'
an arc distance of 396.25 feet; South 890 45' East 49.39
feet, South 190 55' 20" West 31.86 feet; South 890 45' East
67.98 feet; thence Southeasterly along a curve to the right,
tangent to last described curve, having a radius of 20 feet,
a central angle of 6So 23t 30" an arc distance of 23.87 feet
to a point in the Westerly line of Camden Avenue, from a
tlOt~h.J,'a~ond{:,,14:~
1"i.,ttt. navi,._ ,
u'.,1",< ..,_ ,1 angle of 11.3S'40.,.n.rc::~!..'.nc..
1~~,3t'.':I.~~~~!h 89. 4~. West' 8.35 feet" North'Q.Oi t~O~ .
,50.10r,.-t,'W..terly .10ny_ curve to the right from a
:1, entt1\at'beara South O. 01 50. East, having a radiu's of 20
'.a:ctnual an91eof 900 16' 50. an arc distance of 31.51 feet,
ftath89-45' we.t24.4~feet and Horth 190 55' 20" East 3.19
, ftut; tll.ncel..ving said boundarie. North 890 45,' West 61.19 feet;
. tb,ifnc.e .,'..t., "IV Ilong a curvet~ t.h"e left, tanyent to last de.e, ribed
cune havtnolradlus of 685.40fe.t. a centra angle of 34f 48'
aft arc distance of 416.29 feet; thence Westerly along a curve to
the right, t,ngent to last described curve, having a radius of
426.60 feet, a centtal an?l. of 400 00' an arc distance of 297.82
fe.t; thence No.-u. 84. 33. West 102.73 feet to a point in the
Ealterly line_' the hereinbefore mentioned 1.816 acre tract;'
thence along ,aid Easterly line South 00 55' 30. West 3.01 feet to
the point of beginning.
PARCEL TWO
BeGINNING at an iron pipe set in the Westerly line of Camden
Avenue, (formerly the Old Santa Clara and Santa Cruz Road and
the Santa Clara and Los Gatos Road) at the Southeasterly corner
of that certain 11.74 acre tract of land conveyed by Robert Dunn,
et ux, to H~~lls by Deed dated October 31, 1919 and
recorded N~~19 in Book 498 of Deeds, page 97, Santa
Clara County Records; running thence along said line of Camden
Avenue, NOtth O. 05' West 200.00 feetJ thence leaving said last
named line and running South 890 55' West 250.00 feet to an
ironpipeJ thence North O. 05' West 217.65 feet to an iron pipe;
thence South 89- 55' Nest 366.20 feet to an iron pipe in the
Southeasterly line of the lands of the South Pacific Coast
Railroad, now Southern Pacific Railroad; said point also being in
the Northwesterly line of the said 11.74 acre tract of land;
running thence along said last named line, South 320 03' 10"
West 386.02 feet to an iron pipe at the Southwesterly corner of
the said 11.74 acre tract of land; running thence along the
Southerly line of said 11.74 acre tract of land South 830 46'
40. East 826.53 feet to the point of beginning, containing
approximately 5.001 acres, as surveyed and monumented by L. C.
Macabee, Civil engineer, and being a portion of Section 34 and
35 in Township 7 South, Range I West, M.D.B. & M.