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Public Service/Storm DrainPROOF OF PUBLICATION ¢ 2015.5 C.C.P. ) STATE OF CALIFORNIA. County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am the principal clerk of the printer of the CAMPBELL PRESS 10950 No. Binney Avenue, Cupertino, California, a newspaper of general circulation, printed and published every Thursday in the city of Cuper- tino, county or Santa Clara; and which news** paper has been adjudged a newspaper of lien eral circulation by the Superior Court of the County of Santa Clara, State of California. Case Number 84048; that the notice of which the an- nexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Nov. 5, 12, all in the year 19 80 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Cupertino. California. this 12th day of Nov. ,19 80 RE NC PU This space IL :or the County Clerk's Filing Stamp CEIVED ]LIC WORKS 61NEERIN PROOF OF PUBLICATION OF NOTICE OF VACATION OF EASEF~NT NOTICE OF VACATION . NOTICE IS HEREBY GIVEN that., pursuant to Resolution N~ 5948, being a Remlution of Intention to vacate a storm drain easement across property of Capitol~ KnOlls on C~ Way, said easement situate within the City of Campbell, County of Santa Clara, State of California, passed and adopted on the 27th day of October, 1980, by the City Council of the City of Campbell, the 24th day of November, 1980. at the hour, of 8:00 o'clock p.m. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Camp- bell, California, have been set as the time and the place for hearing all perSons interested in said vacation or having ob- jections thereto. Reference is heret)y made to the description, together with the map thereof, Which is on file in the office of the City Clerk of the City of Campb~l al the City Hall for further particu- lars, DATED: October 29, 1980 /s/Phyllis O. Acker, City Clerk c~y of Carafes, California Pub. :'11/5, t2/80 534-CP Affidavit of Posting Notice of Public Service Easement Vacation State of California County of Santa Clara SS. I, James Penoyer, being first duly sworn, depose and say: That I am a citizen of the United States of America and am over twenty-one years of age; That for and on behalf of the City Clerk of the City of Campbell I posted Notice of Vacation of Easement pursuant to Resolution No. 5948, being a Resolution of Intention to Vacate, passed upon and adopted on the 27th day of October, 1980, by the City Council of said City of Campbell; That said Notices of Vacation of Easement were posted along the lines of portions of the easement where such is proposed to be vacated at not more than three hundred feet (300'), and that not less than three (3) such notices were posted, and that said posting was fully co~mpleted on the 12th day of November, 1980, and that a copy of said notice is hereto attached, and by reference made a part hereof. Ja~fes Penoyer Subscribed and sworn to before me this 12th day of November, 1980. Notary Public in and for the ~Coun-ty, of santa C1 ~)-a;~"~Jt~d~e of California. NOTICE OF VACATION OF EASEMENT NOTICE IS HEREEY GIVEN that, pursuant to Resolution No. 5948, being a Resolution of Intention to vacate a storm drain easement across property of Capitola Knolls on Campisi Way, said easement situate within the City of Campbell, County of Santa Clara, State of California, passed and adopted on the 27th day of October, 1980, by the City Council of the City of Campbell, the 24th day of November, ]980, at the hour of 8:00 o'clock p.m. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at the City Hall for further particulars. DATED: October 29, 1980 City Clerk Publish Two Times: November 5 & 12, 1980 _ tola nvestor October 6, 1980 Mr. Joseph Elliott - City Engineer c/o City of Campbell 75 North Central Avenue Campbell, Calif. 95008 Re: Abandonment of existing storm drainage easement on Bascom Avenue. Dear Mr. Elliot; This is my application to abandon the existing storm drainage easement recorded July 16, 1980, in Book F442 of Official Records, page 717. This easement is marked in red on the enclosed plat map. You may bill me $200.00 for this fee when the abandonment is recorded. CAPITOLA KNOLLS INVESTORS RJT/ha enclosure 15879 Los Gatos Boulevard · Los Gatos, California 95030 · Phone 408/358-1851 ;l $£M£NT Prepared by the Off~ce ofthe C~ty E. ngmeer,CampbelI,Cahforma RESOLUTION NO. BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF CAHPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING THAT CERTAIN STORH DRAIN EASEHENT SITUATE WITHIN SAID CITY WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California, pursuant to the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division ], Part 1, Chapter 2, Article 5, Section 50340, et sequens, of the Government Code of the State of California, did heretofore on the 7th day of October, 1980, pass and adopt its Resolution No. 5948, being a Resolution of Intention to vacate a certain portion of the storm drain easement situate within said subdivision; and WHEREAS, this 24th day of November, t980, at the hour of 8:00 o'clock p.m., in the Council Chamber in the City Hall, 75 North Central Avenue, Campbell, California, is the time and the place fixed for hearing all per- sons interested in or having objections to said proposed vacation; and WHEREAS, at said hearing, evidence was presented by persons interested in said proposed vacation, and no persons appeared in objection thereto; and WHEREAS, said City Council does find, determine and affirm from the evidence submitted to it that the storm drain easement, as said easement is described upon said Resolution of Intention, is unnecessary for present or prospective public uses; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the certain storm drain easement hereinafter described be, and it is hereby, ordered vacated, abandoned and closed from public uses, and that the easement hereinabove referred to is situate within the City of Campbell, County of Santa Clara, State of California, and more par- ticularly described as follows: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: A strip of land ten feet wide, the centerline of which is described as follows: COMMENCING at the nprthwest corner of Parcel A as shown upon that certain Parcel Map, recorded May 21, 1973, in Book 323 of maps, Page 36, Santa Clara County Records; THENCE, South 33.00 feet along the westerly line of said Parcel A; 1 of 2 THENCE, North 89° 48' 40" West 16.99 feet and parallel with the westerly prolongation of the northerly line of said Parcel A to the beginning of a curve concave to the southeast, having a radius of 413.00 feet; THENCE, southwesterly 311.49 feet along said curve through a central angle of 43° 12' 46I' to the point of intersection with the northerly line of the lands described as Parcel One in the Gift Deed to Renee Jean Giannini Peacock, et al, recorded in Bk. B-806 official records, Pages 438 through 441, Santa Clara County Records; THENCE, North 89° 48' 40" West 39.97 feet along last mentioned northerly line; THENCE, North 47° 42' 32" West 27.00 feet to the TRUE POINT OF BEGINNING, being a point on a curve concave to the southeast, having a radius of 467.00 feet to which point a radial line bears North 47° 42' 32" West; THENCE, from said TRUE POINT OF BEGINNING North 47° 42' 32" West 133.24 feet to the point of intersection with the westerly line of Parcel 2 as shown upon that certain Parcel Map recorded February 1, 1979, in Book 434 of Maps, page 50, Santa Clara County Records, and distant North 35° 47' OO" East 132.12 feet from the southwest corner of said parcel being the terminus of easement. The side lines of said l0 foot easement to be extended or shortened to terminate at the intersection of above referenced 467.00 foot radius curve and the northwesterly line of above referenced Parcel 2. PASSED AND ADOPTED this 1980, by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: day of APPROVED: ATTEST: Mayor City Clerk 2of 2 RESOLUTION NO. 5948 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL, CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE A STORM DRAIN EASEMENT, AND SETTING A TIME AND PLACE FOR THE HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Campbell did, by virtue of that certain ease- ment filed July 16, 1980, in Book F442 at page 717, in the office of the County Recorder of said County, acquire that certain storm drain easement, a map of which, together with a description thereof, is on file in the office of the City Clerk of said City of Campbell, located at City Hall, 75 North Central Avenue, Campbell, California; and, WHEREAS, the City Council of said City of Campbell does find, de- termine and affirm that said easement has not been used for the purpose for which it was dedicated; and, WHEREAS, said City Council does find, determine and affirm that said easement is not necessary for any present or prospective public uses; and WHEREAS, said City Council does hereby elect to proceed in accor- dance with the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division l, Part 1, Chapter 2, Article 5, Section 50430, et sequens, of the Government Code of the State of California; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS: SECTION ONE: SECTION TWO: That it is the intention of the City Council of the City of Campbell to vacate, abandon and close to public uses that certain portion of that certain easement, a descrip- tion of which, together with map 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. Notice is hereby given that on Monday, November 24, 1980, at the hour of 8:00 p.m. of said day, in the City Council Chambers in the City Hall, 75 North Central Avenue, Campbell, California, is hereby fixed as the time and place for hearing all persons interested in or having ~b- jections to the proposed vacation. SECTION THREE: IT IS HEREBY ORDERED AND DIRECTED that a notice of the passage of this Resolution of Intention be forthwith pub- lished twice, once each week for two (2) successive weeks, lof3 which latter publication shall be made not less than ten (10) days prior to the date of the hearing, in the Campbell Press, a newspaper of general circulation, printed and published in said City of Campbell, and that notices of said easement vacations be posted conspicuously along the lines of the easement proposed to be vacated at least ten (lO) days prior to the date set for the hearing. Said notices shall be posted not more than three hundred (300) feet apart, but at least three (3) such notices shall be posted. Said notices shall state the passage of this Resolu- tion of Intention and notify of the time, date and place of the hearing on the proposed vacation. SECTION FOUR: That the following is the description of the storm drain easement which is proposed to be vacated: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: A strip of land ten feet wide, the centerline of which is described as follows: COMMENCING at the northwest corner of Parcel A as shown upon that certain Parcel Map, recorded May 21, 1973, in Book 323 of map~, Page 36, Santa Clara County Records; THENCE, South 33.00 feet along the westerly line of said Parcel A; THENCE, North 89° 48' 40" West 16.99 feet and parallel with the westerly pro- longation of the northerly line of said Parcel A to the beginning of a curve concave to the southeeast, having a radius of 413.OO feet; THENCE, southwesterly 311.49 feet along said curve through a central angle of 43° 12' 46" to the point of intersection with the northerly line of the lands described as Parcel One in the Gift Deed to Renee Jean Giannini Peacock, et al, recorded in Bk. B-806 official records, Pages 438 through 441, Santa Clara County Records; THENCE, North 89° 48' 40" West 39.97 feet along last mentioned northerly line; THENCE, North 47° 42' 32" West 27.00 feet to the TRUE POINT OF BEGINNING, being a point on a curve concave to the southeast, having a radius of 467.00 feet to which apoint a radial line bears North 47° 42' 32" West; THENCE, from said TRUE POINT OF BEGINNNING North 47° 42' 32" West 133.24 feet to the point of intersection with the westerly line of Parcel 2 as shown upon that certain Parcel Map recorded February 1, 1979, in Book 434 of Maps, page 50, Santa Clara County Records, and distant North 35° 47' 00" East 132.12 feet from the southwest corner of said parcel being the terminus of easement. 2of3 The side lines of said 10 foot easement to be extended or shortened to terminate at the intersection of above referenced 467.00 foot radius curve and the northwesterly line of above referenced Parcel 2. PASSED AND ADOPTED this by the following vote: 27th day of October , 1980, AYES: NOES: Councilmen: Paul, Doetsch, Chamberlin, Podgorsek, Hammer Councilmen: None ABSENT: Councilmen: None APPROVED: Russell J. Hammer Mayor ATTEST: Phyllis O. Acker City Clerk 3of3 CITY OF' 75 NORTH C2NTRAL AVE:. CAMPBELL,C~'- .-,FORNIA' 95008 TO P.'"_- 2E?C,;~.ED V,';THOUT FEE ¢~-- ,~vq ,, ', .... -'/~',':', ~,h'AE~qT CODE F 635 a::.161 5927 RESOLUTION NO. 6860392 635 161 OF AT T,',~ R2QL£~;:' Z;;: ~-~: [ Of CAMPBELL BEING A RESOLUTION AND ORDER OF THE CITY OF THE CITY OF CAHPBELL OF THE COUNTY OF CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEHENT WITHIN TRACT NO. 89 SITUATE WITHIN SAID CITY WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California; pursuant to the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title ~, Division 1, Part 1, Chapter 2, Article 5, Section ~03~0, et sequens, of the Government.£ode of the State of California, did heretofore on the 25th day of August, t980, pass and adopt its Resolution No. $902, bein9 a Resolution of Intention to vacate a certain portion of the public ser- vice easement situate within said subdivision; and WHEREAS, this 22nd day of September, 1980, at the hour of 8:00 o'clock p.m., in the Council Chamber in the City Hall, 75 North Central Avenue, Campbell, California, is the time and the place fixed for hearing a.ll persons interested in or having objections to said proposed vacation; and WHEREAS, at said hearing, evidence was presented by persons inter- ested in said proposed vacation; and WHEREAS, said City Council does find, determine and affirm from the evidence submitted to it that the certain portion of the public service easement, as said portion is described upon said Resolution of Intention, is unnecessary for present or prospective public uses; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the certain portion of the public service easement here- inafter described be, and it is hereby, ordered vacated, abandoned and closed from public uses, and that the certain portion of the easement hereinabove referred to is situate within the City of Campbell, County of Santa Clara, State of California, and more particularly described as follows: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, descr.ibed as follows: A strip of land 25.00 feet wide lying northerly of the following described line: 1 of 2 CITY OF' I~AMImBE:LL ~75 NORTH GENTRAL AVENUE TO I~E ~tECORDED WITHOUT FEE SEZ'TION 6t 03 GOVE~.NMENT CODE AT THE REQUEST OF CITY OF CAMPBELL RESOLUTION NO. 5881 ~ . " ," ,z., COUNTY ~=~ .... BEING A RESOLUTION AND ORDER OF THE COUNCIL OF THE CITY OF CAHPBELL OF THE COUNTY OF SANTA CLA~, STATE OF CALIFORNIA, VACATIN~ A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEHENT ~ITHIN TRACT NO. 6670 SITUATE ~ITHIN SAID CITY WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California, pursuant to the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division 1, Part 1, Chapter 2, Article 5, Section 50340, et sequens, of the Government Code of the State of California, did hereto- fore on the 23rd day of June, 1980, pass and adopt its Resolution No. 5828, being a Resolution of Intention to vacate a certain portion of the public service easement situate within said subdivision; and WHEREAS, this 28th day of July, 1980, at the hour of 8:00 o'clock p.m., in the Council Chamber in the City Hall, 75 North Central Avenue, Campbell, California, is the time and the place fixed for hearing all persons interested in or having objections to said proposed vacation; and WHEREAS, at said hearing, evidence was presented by persons inter- ested in said proposed vacation, and no persons appeared in objection thereto; and WHEREAS, said City Council does find, determine and affirm from the evidence submitted to it that the certain portion of the public service easement, as said portion is described upon said Resolution of Intention, is unnecessary for present or prospective public uses; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the certain portion of the public service easement here- inafter described be, and it is hereby, ordered vacated, abandoned and closed from public uses, and that the certain portion of the ease- ment hereinabove referred to is situate within the City of Campbell, County of Santa Clara, State of California, and more particularly described as follows: Page 1 of 2 502 368 BEGINNING at a point on the easterly line.of Lot 1 of Tract No. 6670, a map of which was filed for record in Book 447 of Maps, at Page 40, Santa Clara County Records, distant thereon S. 0° 0]' W., 50.50 ft. from the northeasterly corner of said Lot 1; thence leaving said Point of Beginning along said easterly line S. 0° 01' W., 90.00 ft.; thence leaving said easterly line N. 89° 59' W., 20.00 ft.; thence N. 0° O11 E., 90.00 ft.; thence S. 89° 59' E., 20.00 ft. to the Point of Beginning. PASSED AND ADOPTED this 1980, by the following vote: 28th day of July AYES: Councilmen: Paul, Doetsch, Chamberlin, Hammer NOES: Counc i 1 men: None ABSENT: Councilmen: Podgorsek APPROVED: ATTEST: Russell J. Hammer Mayor V.M.Sheehy, Dep. City Clerk Page 2 of 2 AFFIDAVIT OF POSTING NOTICE OF PUBLIC SERVICE EASEMENTS VACATION STATE OF CALIFORNIA COUNTY OF SANTA CLARA SS. I, Jim Penoyer and say: , being first duly sworn, depose That I am a citizen of the United States of American and am over twenty- one years of age; That for and on behalf of the City Clerk of the City of Campbell I posted Notice of Vacation of Easement pursuant to Resolution No. 5828, being a Reso- lution of Intention to Vacate, passed upon and adopted on the 23rd day of June, 1980, by the City Council of said City of Campbell; That said Notices of Vacation of Easement were posted along the lines of portion of the easement where such is proposed to be vacated at not more than three hundred feet (300') and that not less than three (3) such notices were posted, and that said posting was fully completed on the 15 day of July , 1980, and that a copy of said notice is hereto attached, and by reference made a part hereof. Subscribed and sworn to before me this ?l day of ,luly , ]980. Notary Public in and for the County of Santa Clara, State of California OFFICIAL SEAL CHARLENE M CASE I( I/ SANTA CURA COUN~ My comm. expires OCT 1, 198~ PROOF OF PUBLICATION (2015.5 C.C.P. ) STATE OF CALIFORNIA. County of Santa Clara i am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. 1 am the principal clerk of the printer of the CAMPBELL PRESS 10950 No. Blaney Avenue, Cupertino, California, a newspaper of general circulation, printed and published every Thursday in the city of Cuper- tino, County of Santa Clara; and which news- paper has been adjudged a newspaper of gen- eral circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 84048; that the notice of which the an- nexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: JULY all in the year 19 · 3 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Cupertino, California, this This space is for the County Clerk's Filing Stamp RECEIVED JUL L 7 P'UBLIC WORKS £NGINEERING PROOF OF PUBLICATION OF NOTICE IS HEREBY GIVEN rain public _ __ _,,,~,~menm wte~n Tract No. 6670, easemenm air- bell,, Count. of ,~mma S~ata of carm~a, ~ interested in NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5828, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements within Tract No. 6670, easements situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 23rd day of June, 1980, by the City Council of the City of Campbell, the 28th day of July, 1980, at the hour of 8:00 o'clock P.M. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at the City Hall for further particulars. Dated: June 23, 1980 (s) Phyllis O. Acker City Clerk RESOLUTION NO. 5828 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL, CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE A PORTION OF THAT CERTAIN PUBLIC SERVICE EASE- MENT WITHIN TRACT NO. 6670 AND SETTING TIHE AND PLACE FOR THE HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the City of Campbell did, by virtue of that certain map of Tract No. 6670, filed August 16, 1979, in Book 447 of Maps at page 46, in the office of the County Recorder of said County, acquire that certain pub]ic service easement, a map of which together with a description thereof is on file in the office of the City Clerk of said City of Campbell, located at City Hall, 75 North Central Avenue, Campbell, California; and, WHEREAS, the City Council of said City of Campbell does find, determine and affirm that said portion of said public service easement lying within said lot has not been used for the purpose for which it was dedicated; and WHEREAS, said City Council does find, determine and affirm that said position of said easement is not necessary for any present or prospective public uses; and, WHEREAS, said City Council does hereby elect to proceed in accordance with the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division l, Part 1, Chapter 2, Article 5, Section 50430, et sequens, of the Government 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 uses that certain portion of that certain public service easement, a description of which, together with map 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. SECTION TWO: Notice is hereby given that Honday, July 28, 1980, at the hour of 8:00 o'clock p.m. of said day, in the City Council Chambers in the City Hall, 75 North Central Avenue, Campbell, California, is hereby fixed as the time and the place for hearing all persons interested in or having objections to the proposed vacation. SECTION THREE: IT IS HEREBY ORDERED AND DIRECTED that a notice of the passage of this Resolution of Intention be forthwith pub- ]ished twice, once each week, for two (2) successive weeks, which latter publication shall be made not less than ten (10) days prior to the date of the hearing, in the Campbell Press, a newspaper of general circulation, printed and pub- lished in said City of Campbell, and that notices of said easement vacations be posted conspicuously a!ong the lines of the portion of the easement proposed to be vacated at least ten (lO) days prior to the date set for the hearing. Said notices shall be posted not more than three hundred (300) feet apart, but at least three (3) such notices shall be posted for each portion. Said notices shall state the passage of this Resolution of Intention and notify of the time, date and place of the hearing on the proposed vacation. SECTION FOUR: That the following is the description of the portion of the public service easement which is proposed to be vacated: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at a point on the easterly line of Lot 1 of Tract No. 6670, a map of which was filed for record in Book 447 of Maps, at Page 40, Santa Clara County Records distant thereon S. 0° 0]' W., 50.50 ft. from the northeasterly corner of said Lot 1; thence leaving said Point of Beginning along said easterly line S. 0° 11 W., 93.00 ft.; thence leaving said easterly line N. 89° 59' W., 20.00 ft.; thence N. 0° 0]' E., 93.00 ft.; thence S. 89° 59' E., 20.00 ft. to the Point of Beginning. PASSED AND ADOPTED this 23rd the following vote: day of ,June , 1980 by AYES: Councilmen: Paul, Chamberlin, Podgorsek, Hammer NOES: Councilmen: None ABSENT: Councilmen: Doetsch ATTEST: APPROVED: Mayor Phvllis O. Acker ~ity Clerk NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5828, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements within Tract No. 6670, easements situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 23rd day of June, 1980, by the City Council of the City of Campbell, the 28th day of July, 1980, at the hour of 8:00 o'clock P.M. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at the City Hall for further particulars. Dated: June 23, 1980 (s) Phyllis O. Acker City Clerk GAS AND ELECTR, IC COMPANY 1 ] 1 ALMADEN BOULEVARD · SAN JOSE, CALIFORNIA 95198 · (408) 298-3333 July 8, 1980 City of Campbel 1 75 North Central Avenue Campbell, CA 95008 Attention: Mr. Jim Penoyer Proposed abandonment of a portion of the Public Service Easement affecting Lot 1 of Tract No. 6670; our file 640 Gentlemen: In response to your request, this company has no objections, and hereby consents, to the abandonment of that portion of the subject Public Service Easement as shown in red on the attached drawing. Please note that the 20-foot strip has been reduced in length from the original 93 feet to 90 feet. Underground electric and gas faci- lities in this vicinity necessitated this change. Mr. Richard Lane, of Civil and Construction Consultants, Inc., and their architect, Mr. Marvin Bamburg, are both aware of and in concurrence with this revision. Additional letters of consent will be required from the other utility companies serving this area. As a condition of this consent, we request that our San Jose Division Land Department be supplied with a certified copy of the final reso- lution of abandonment by the City of Campbell. Should you have any questions concerning this abandonment, please contact Mr. Leonard A. Grilli of our Land Department, at this address, telephone extension 449. Thank you for this opportunity to be of service. Sincerely, ./' District Manager Attachment cc: Civil and Construction Consultants, Inc. 7246 Sharon Drive San Jose, CA 95124 Attention: Mr. Richard Lane June 20, 1980 Pacific Telephone 2 North Second Street Room 675 San Jose, CA 95113 City of Campbell 75 N. Central Avenue Campbell, California 95008 Public Works Department Attention: Mr. James Penoyer Re: Abandonment of P. S. E. in Tract 6670 Dear Mr. Penoyer: In reply to your letter of June 4, 1980, this Cc~mpany has no objection to the proposed abandonment, as described and shown on the enclosed sketches. If you have any questions, please call W. M. Albers on 408-491-5234. Very truly yours, · J. Scully Right of Way Manager ~I~A: jg Attachment R.L.L. 79100 DESCRIPTION ABANDONMENT OF EXISTING P.S.E. OVER LOT 1 TR. CITY CAMPBELL. No. 6670 - Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at a point on the easterly iine of Lot 1 of Tract No. 6670, a map of which was filed for record in Book 447of Maps, at Page 40 Santa Clara County Records distant thereon S. 0° 01' W., 50.50 ft. from the northeasterly corner of said Lot 1; thence leaving said Point of Beginning along said easterly line S. 0° 01' W., 93.00 ft.; thence leaving said easterly line N. 89° 59' W., 20.00 ft.; thence N. 0° 01' E., 93.00 ft.; thence S. 89° 59' E. 20.00 ft. to the Point of Beginning. · Prepared by: Civil and Construction Consultants, Inc. ~[.8~ L~n- I /,," ~ A?~-IcoT AVE_, ~ I :t. OTI TR. l~l-~ ~(,7o - c,r~. o,~ C',O/dF'm~t..c CIVIL and CONSTRUCTION CONSULTANTS, INC. 7246 Sharon Drive San Jose, California 95] 29- Telepho0e (408) 257-7;83 June 17, 1980 City of Campbell 75 North Central Ave. Campbell, California 95008 Department of Public Works RE: Abandonment of P.S.E. Tract 6670 ATTN: James Penoyer Dear Mr. Penoyer RECEIVED JUN 2 8 1980 ,PUBLIC WORtf$ Gill Cable A division of Gill Industries 1302 North Fourth Street San Jose, California 95112 (408) 998-7333 Gill Cable Inc., grants your request to abandon the existing public service easement (P.S.E.) as described on the attached map. If you have any further questions, or I may be of any assistance please contact me at 998-7333, extension 241. Engineering ~sign Supervisor GTA:ddp Enclosure COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone 378-2407 SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA June 16, 19 80 City of Campbell Public Works Department 75 N. Central Avenue Campbell, CA 95008 RE Tract 6670 Easement Abandonment Attention: James Penoyer The proposed easement abandonment will not affect this District's sanitary sewer main or easement rights. Very truly yours Stephen H. Goodman District Manager and Engineer By Robert L. Moehle gn91neerin9 Services RLM: jf RECEIVED JUN PUBLIC VVORKS ENGINEERING RECEIVED JUL R 1980 cE" ION ~ ..... ' '..E::T CODE AT T.i."- ,rL'2Qbz,}'i _.- Li., Or CA.',',PBEU. F 3GO 'ss RESOLUTION NO, 5804 BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CiTY OF CAMPBELL COUNTY OF SANTA CLARA, O.r!:t'?~ALRECCF~D$ STATE OF CALIFORNIA, VACATING A PORTION OF THA~: UBLIC WORKS ENGINEERING CERTAIN PUBLIC STREET KNOWN AS BUDD AVENUE ~E~~ F 860 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, Chap- ters 1, 2 and 3 of the Streets and Highways Code of the State of California, did heretofore, on the 28th day of April, 1980, pass upon and adopt its Resolution of Intention to vacate certain portions of Budd Avenue, a public street in the City of Campbell, being Resolution No. 5792; and, WHEREAS, the hour of 8:00 p.m. of this 27th day of May, 1980,.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 ob- jections to said proposed vacation; and, WHEREAS, at the said hearing all evidence for and against was presented by persons interested in said proposed vacation; and', WHEREAS, the City Council of said City of Campbell finds and determines from the evidence submitted that the portions of Budd 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 portions of said Budd Avenue are more particularly described as follows: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING at the most westerly corner of Parcel E as said parcel is shown on that certain Record of Survey filed for record on April 13, 1964, in the office of the Recorder of the County of Santa Clara, in Book 176 of Maps at page 52, said corner being also a point in the southerly line of Budd Avenue (40 feet wide) as shown on said mai); THENCE South 88°40'59'' West, along said southerly line of Budd Avenue, a distance of 174.91'feet to the northwesterly corner of the Jose Carvalho parcel, as shown on said map, said corner being also a point on the northerly prolongation of the easterly line of Lot 2 of Tract No. 763, Fenley Park Sub- division, a map of which was filed for record inthe office of the Recorder of the County of Santa Clara on July 11, 1950, in Book 28 at page 50; THENCE North 11°33'40'' West along the northerly prolongation of the llne common to said Lot No. 2 and the Carvalho parcel, a distance of 8.44 feet; F 360 4'57 THENCE North 68°12'20~' East, 109.10 feet; THENCE South 21'47'40I' East, 20.02 feet; THENCE along the arc of a curve, concave southerly, tangent to a line that bears North 69°36'17'' East, with a radius of 53 feet, through a central angle of 70°44'05'', an arc length of 65.43 feet, to a point of tangency with the northwesterly prolongation of the southwesterly line of said Parcel E; THENCE South 39°39'35'' East, along said northwesterly prolongation, a distance of 13.40 feet, to the POINT OF BEGINNING. CONTAINING an area of O.106 acres, more or less. RESERVING THEREFROM unto the City of Campbell a public service easement thereon for the purpose described upon Section 8330 of the Streets and High- ways Code of the State of California. PASSED AND ADOPTED this following vote: AYES: Councilmen: NOES: Councilmen: None ABSENT: Councilmen: None 27th of MaZ , 1980, by the Paul, Doetsch, Chamberlin, Podgorsek, Hammer APPROVED: ATTEST: Phyllis O. Acker City Cl er~<' Russell J. Hammer Mayor THE FOREGOING IN~TIM~ AND CORRECT COPY* ON FILE IN THIS O~C~ A~EST PHYLL S O ACK~R Cl~ OF CAMPBELL~ ~ F 360 P,~458 .JOSE CA~VAfi/-/O ~ARC£Z ,z?.O.~. PROPOSED STREET ABANDONMENT PORTION OF BUDD A, VEkIUE PROPOSED EXHIBIT "A" DR. BY j.p. N4A,¥ , 198o PREP&RED BY THE OFFICE OF TIlE CITY ENGII~EER ~.~R~t_L. CALIFORNIA NOTICE OF VACATION OF PUBLIC STREET NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5792, being a Resolution of Intention to vacate certain portions of that certain street known as Budd Avenue to public use, being a public street within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 28th day of April~ 1980, by the City Council of the City of Campbell; and that the 27th day of Nay, 1980, at the hour of 8:00 p.m. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at City Hall for further particulars. Dated , 1980 City Clerk PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the CAMPBELL PRESS 10950 No. Blaney Avenue, Cupertino, California, a newspaper of general circulation, printed and published every Thursday in the city of Cuper- tino, County of Santa Clara; and which news- paper has been adjudged a newspaper of gen- eral circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 84048; that the notice of which the an- nexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Hay 7th all in the year 19 ~0 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Cupertino, California, this 7th day of May ,~9 80 - '~'~y Si g~a t~"ur-e '~" '~ This ~r~ce is for the County Clerk's Filing Stamp ~ OF THE QT~ O!: 'CAMPBELL,. COUNTY OF SANTA 'CLARA, STATE*OF CAUFORMA, 'TO .VACATE CERTAIN PORTIONS: oF THAT I~IeRTAIN. ~TREET. KNOWN AS BUDD AVENUE, BEING A PUBUC STREET WITHIN SAID CITY, AND SE'I'TING A TIME AND* PLACE OF THE HEARING THEREON AND GIVING NOTICE THERE- OF. WHEREAS, ~he Supedn. tendentofStree~ofmeCm/. -" ;:08 CP of Carnp~l has submitted 'a ~g that certain ponk~ of --PUBLICATION OF ~ NO: 5792 said day, in the City ~ and determines that said car- North CentmI, Avemm, Camp- .tain portions of Budd Avenue, bell, Caflfomia, is hem~y-~ a~ '. 'a public street in the City of the time and the ple~;~.f~., hear-. · Campbell, maps and descrip- lng all peraorm imere~id in or tions of which portions are on . having ol:~eCtlens to. said pro- file in the office of the City posed vacation, Clerk of the Oty of Campb~, Sect~ Throe: FIS HEinE, at City Hall, 75 .North Central BY ORDERED AND 'DIRECT- Avenue, campbell, Califomla, ED that a copy of t]~"Rtleolu- are not neceeea_ n/ forlxeesnt or - ~ of Intention be forll!With for prospective public street . published twlCei (~loe purposes; and, .~week . for two au",c0elalve WHEREAS, the City Court:' ':~, which latt~r. ~ ci~ Of the City of Campb~ flnde . i~all be made not km men ten and determines that it is in the:~(10) diWs prier to the date of best interest and for the better-. ' ~he hearing, in the Campbell merit of the gefleml welfare of-.'. Prees, a newspaper of general. 'BilddAvenua be vicaf~lTand,~, ~St~ VaCatmn be .pem~. ~ con:_ WHEREAS, me City Cou~ ~.~ ~ ..~ '"? of. Highways Code of th~ Stat~ ci~~ there than thee'hUndred California; feet apart, but at least three (:3) CITY COUNCIL OF THE CITY~'e each port~n~m ,~11: I~lCsa..' ~ OF CAMPBELL DOES ORr ?l~l~,State the_. ~ tbe DAIN AS FOLLOWS: .... ,~:;,~ of I~ and an- in~er~on of me ciw. ~ ~[~ of m.a. hea,ng on me abandon and close to public., : PA~SED AND Budd Avenue, being a.pul~_. 'thefol~ngvot~. Street in said City, maps add ' AYES: bell, at City Hall, 75 North can;: nia, reference to which maps made for further parfleulam. Section Two: Notibe'.is 27th ch~ of M~y, 1880, ~t ~he ,h~ur of 8'.00 o'clock p:m. of ABSENT: Councilmen: APPROVED: P~mall J, Hammer, RESOLUTION NO. 5792 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE CERTAIN PORTIONS OF THAT CERTAIN STREET KNOWN AS BUDD AVENUE, BEING A PUBLIC STREET WITHIN SAID CITY, AND SETTING A TIME AND PLACE OF THE HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Superintendent of Streets of the City of Campbell has submitted a report to this City Council stating that certain portions of Budd Avenue, hereinafter described, are unnecessary for present and/or prospective public street purposes; and, WHEREAS, the City Council of the City of Campbell finds and determines that said certain portions of Budd Avenue, a public street in the City of Campbell, maps and descriptions of which portions are on file in the office of the City Clerk of the City of Campbell, at City Hall, 75 North Central Avenue, Campbell, California, are not necessary for present or for prospective public street purposes; and, WHEREAS, 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 portions of Budd Avenue be vacated; and, WHEREAS, the City Council of the City of Campbell does hereby elect to proceed in accordance with the provisions of Division 9, Part 3, Chapters l, 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 those certain portions of Budd Avenue, being a public street in said City, maps and descriptions of which portions are on file in the office of the City Clerk of the City of Campbell, at City Hall, 75 North Central Avenue, Campbell, California, reference to which maps and descriptions are hereby made for further particulars. Section Two: Notice is hereby given that Tuesday, the 27th day of May, 1980, at the hour of 8:00 o'clock p.m. of said day, in the City Council Chambers at the City Hall, at 75 North Central Avenue, Campbell, California, is hereby set as the time and the place for hearing all persons interested in or having objections to said proposed vacation. Section Three: IT IS HEREBY ORDERED AND DIRECTED that a copy of this Resolution of Intention be forthwith published twice, once each week for two successive weeks, which latter publication shall be made not less than 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 conspicu- ously along the lines 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 for each portion. Such notices shall state the passage of the Resolution of Intention and announce the time and the place of the hearing on the pro- posed vacation. PASSED AND ADOPTED this 1980, by the following vote: 28th day of April AYES: Councilmen: Paul, Chamberlin, Podgorsek, Hammer NOES: Councilmen: None ABSENT: Councilmen: Doetsch APPROVED: ATTEST: Russell J. Hammer Mayo r Phyllis O. Acker City Clerk RESOLUTION NO. 5760 A RESOLUTION AUTHORIZING THE REQUEST TO CLOSE THE AT-GRADE CROSSING ON DIVISION STREET OVER THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TRACK WHEREAS, the Town of Los Gatos intends to construct an at-grade crossing on theSouthern Pacific Transportation Company track as a part of the improvement of Know]es Drive, P.U.C. No. L-52.7; and WHEREAS, said at-grade crossing necessitates approval of an at-grade crossing of Knowles Drive by the State of California Public Utilities Commission; and WHEREAS, the construction of an at-grade crossing of Knowles with appropriate crossing protection will provide a safer facility than the existing crossing at Division Street in the City of Campbell, P.U.C. L-52.6, and render the Division Street crossing unnecessary; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby request that upon completion and opening of the crossing at Knowles Drive, P.U.C. No. L-52.7, the existing crossing at Division Street, P.U.C. No. L-52.6, is requested to be closed and physically removed. I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a Resolution passed and adopted by the City Council of the City of Campbell, California, at a meeting held on the 24th day of March , by the following vote of the members thereof: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Doetsch, Hammer, Chamberlin, Podgorsek, Paul None None APPROVED: ATTEST: Norman Paul Mayor V. M. Sheehy, Deputy City Clerk RESOLUTION NO. 5755 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DECLARING INTENTION TO CLOSE A PORTION OF THAT CERTAIN PUBLIC STREET KNOWN AS DIVISION STREET, BETWEEN WINCHESTER BOULEVARD AND THE EASTERLY LINE OF THE LANDS OF SOUTHERN PACIFIC TRANSPORTATION COMPANY TO MOTORIZED VEHICULAR USE 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 l, 2 and 3 of the Streets and Highways Code of the State of California, did heretofore, on the ltth day of February, 1980, pass upon and adopt its Resolution of Intention to close a portion of that street known as Division Street between Winchester Boulevard and the easterly line of the Lands of Southern Pacific Transportation Company to motorized vehicular use, being Resolution No. 5739; and, WHEREAS, the hour of 8:00 o'clock p.m. of this 10th day of March, 1980, in the Council Chamber at City Hall, at 75 North Central Avenue, Campbell, California, is the time and place set for hearing all persons interested in or having objections to said proposed closing to motorized vehicular use; and, WHEREAS, at the said hearing all evidence for and against was presented by persons interested in said proposed closure to motorized vehicular use; and, WHEREAS, the City Council of said City of Campbell finds and determines from the evidence submitted that the portions of Division Street described upon said Resolution of Intention will be unnecessary for motorized vehicular use when Knowles Drive is extended easterly of Winchester Boulevard to Dell Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of said City of Campbell that the portion of Division Street between Winchester Boulevard and the easterly line of the Lands of Southern Pacific Transportation Company, a public street in the City of Campbell, will be closed to motorized vehicular use when Knowles Drive is extended easterly of Winchester Boulevard to Dell Avenue. PASSED AND ADOPTED this the following vote: 10th day of March , 1980, by AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Doetsch, ttammer, Chamberlin, Podgorsek, Paul None None APPROVED: ATTEST: Norman Paul Mayor V. bl. Sheehy, DeputyCity Clerk PROOF OF PUBLICATION (2015.5 C.C.P. ) STATE OF CALIFORNIA, County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the CAMPBELL PRESS 10950 No. Blaney Avenue, Cupertino, Calit a newspaper of general circulation, prinb published every Thursday in the city of ~ tino, County of Santa Clara; and which paper has been adjudged a newspaper ~ eral circulation by the Superior Court County of Santa Clara, State of California Number 84048; that the notice of which t nexed is a printed copy (set in type not si than non-pareil), has been published i~ regular and entire issue of said newspap not in any supplement thereof on the roi dates, to wit: Feb. 20, ~7, ali in the year 19 80 I certify (or declare) under penalty of p that the foregoing is true and correct. Dated at Cupertino, California, this 27th day of Feb. ,19 8 Signature~/ This space. ~'or the County Clerk's Filing Stamp PUBLIC WORtfS PROOF OF PUBLICATION OF ' RESOLUTION NO. 5739 Being a Resolution of Intan- tion of the City Council of the City of Campbell, County of Santa Clara, State of Carl~ fomia, to close a portion of certain street known as Division Street, between Win- chester Boulevard and the easterly line of the lands of Southern Pacific Transporta- tion' Company to motorized vehicular use, being a public street within said City, and setting a time and place of the hearing thereon and giving notice thereof WHEREAS, the Superin- tendent of Streets of the City of Campbell has submitted a report to this City Council stating that a certain portion of DivisionStreet, hereinafter de- NO: 5739 _ the City Council Chend:mr at' trai Avenue, C.,-'q~, ' Caii- and ,the iflace~fo.r. I~ .r~ng persons intermitad inl0r ha~g objections to said motorized vehiculair street closure. Section Three: I1 is .'hereby ordered and direct~ :1 lh~ a Intention be ith I~Jb- for two successiv .Weld~, which latt~ publicet~ n lbell be RESOLUTION CaJifornia; and, WHEREAS, the CTm/Coun- cil elects to reserve and ex ,cqpt rnent and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structure in, upon, over and across, said portion of Division Street proposed to be abandoned and pursuant to any existing franchise or renewals thereof, or Otherwise, to construct, maintain, Street, a public street in the City of Campbell, maps and descriptions of which portion are on file in the office of the C~/Oerk of the C~y of Camp- bell, at ,City Hall, 75 North Centrel Avenue, Campbell, Califomis, is not necessary for pres~t motorized vehicular use; and, WHEREAS, the City Council of the City of Campbell finds and deten~ines that it is in the best interest end*for the bettem~ent of the general wsi- from all hazards in, upon, and -over said portion of Division Street prolx~ to be aban- doned; Now, therefore, the City Council of the City of Campbell intention of. the City Council of the City of Campbell to clbae to motorized vehicular use that certain portion of Division Street, ~_b~j'ng a public street in said City, maps and descrip.. tiorm of which portions are on hhndred (300) feeta ~ three (3) su ~hall be posted for lion. Such notices the ~_ __ne~3e_ of the I of Intention end ~nn ~me and, th~ ~ hearing on .the motorized vehicul PASSED AND this 1.1th clay of Febn AYES: Couhcilmen: 'fare of the citiz?ns of the.~ , file in the office of the City ~, ~ of Carnpbell and of the pubr~: Cleric of the City of ~, NOES:- ~: I at large that ~aid portion of at City;H~ll, 75 No~h Cm-d~l, .ABSENT: Couh Division Street be closed to vehicular use; and, WHEREAS, the City Coun- cil of the City of Camld3ell does hereby eisct to proceed in of Division 9, Pert 3, Chepta~ 1, 2, and 3of the Streets and Highways Code of the State of Avenue, Can13bell, Caiifomia, reference to which m 'and dasciptions are hereby m Section Two: NOtice is hereby given ~het Monday, th® !0~ day Of Mamh, 1~80, atthe hour of B:OO o'~ p.m., ,in operate, replace, remove, made not less thar ta~. {10) renew and enlarge lines of days prior to the ~ te of the poles, and other convaniant a newspaper of g~n ~11 CirCu- structures, equipment and fix- lation, I~inted and I~ ~ in turse for the operation of gas theCityof~ andthat pipe lines, telegraphic and tele- notices of public str~ It cloaure ~cribed,, ~.~.:.U~ ~r~ ~?-~..,J~.l;l!.ilroe~.lir;~s.pnd~( ;,'.t? motorized vehim ar traffic present motorized "h~hi~lar ' for the ~ftafi~n or dlSti'N" ,l~e'po~ed eonepicuo ,~'~" use; and,- .,,:-,~ ........: : ,, I)I~.., .~. ~.~ .,~jl~Ct?', . ~..,, ~,;!~,,.~.~._r~! ;of l~ ~, WHEREAS. the City patreloum an~ ita produc~,, ~ ~to ~; Council of the City of Campbeil ammonia, w~ter, and for inci- ~ ~ ten (lOldl~ ~io finds and determines that said dental purpeeee, inchJch~no the date set for ti bearing certain portion of Division acce~ to protect the proper~ thereon. 'Such notic~ ~ ~li be RESOLUTION NO. 5739 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO CLOSE A PORTION OF THAT CERTAIN STREET KNOWN AS DIVISION STREET, BETWEEN WINCHESTER BOULEVARD AND THE EASTERLY LINE OF THE LANDS OF SOUTHERN PACIFIC TRANSPORTATION COHPANY TO MOTOR- IZED VEHICULAR USE, BEING A PUBLIC STREET WITHIN 5AID CITY, AND SETTING A TIME AND PLACE OF THE HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Superintendent of Streets of the City of Campbell has submitted a report to this City Council stating that a certain portion of Division Street, hereinafter described, is unnecessary for present motorized vehicular use; and, WHEREAS, the City Council ofthe City of Campbell finds and deter- mines that said certain portion of Division Street, a public street in the City of Campbell, maps and descriptions of which portion are on file in the office of the City Clerk of the City Campbell, at City Hall, 75 North Central Avenue, Campbell, California, is not necessary for present motorized vehicular use; and, WHEREAS, the City Council of the City of Campbell finds and deter- mines 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 Division Street be closed to vehicular use; and, WHEREAS, 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; and, WHEREAS, the City Council elects to reserve and except from the abandonment easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structure in, upon, over and across said portion of Division Street proposed to be abandoned and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, railroad lines and for the transporta- tion or distribution of electric energy, petroleum and its products, ammonia, water, and for incidental purposes, including access to pro- tect the property from all hazards in, upon, and over said portion of Division Street proposed to be abandoned; 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 close to motorized vehicular use that certain por- tion of Division Street, being a public street in said City, maps and descriptions of which portions are on file in the office of the City Clerk of the City of Campbell, at City Hall, 75 North Central Avenue, Campbell, California, reference to which maps and descriptions are hereby made for further particulars. Section Two: Notice is hereby given that Monday, the lOth day of March, 1980, at the hour of 8:00 o'clock p.m., in the City Council Chamber at the City Hall, at 75 North Central Avenue, Campbell, California, is hereby set as the time and the place for hearing al.i persons interested in or having objections to said proposed motorized vehicular street closure. Section Three: IT IS HEREBY ORDERED AND DIRECTED that a copy of this Resolution of Intention be forthwith published twice, once each week for two successive weeks, which latter publication shall be made not less than ten (10) days prior to the date of the hearing, in the Campbell Press, a newspaper of general circulation, printed and pub- lished in the City of Campbell, and that notices of public street closure to motorized vehicular traffic be posted conspicuously along the lines of the street or part thereof proposed to be closed 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 for each portion. Such notices shall state the passage of the Resolution of Intention and announce the time and the place of the hearing on the proposed motor- ized vehicular street closure. PASSED AND ADOPTED this 11thday of by the following vote: February , 1980, AYES: Councilmen: Doetsch, Chamberlin, Podgorsek, Paul NOES: Councilmen: None ABSENT: Councilmen: Ha~mer APPROVED: ATTEST: Norman Paul Hayor V.M.Sheehy, Deputy City Clerk RESOLUTION NO. 5425 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 POLLARD ROAD SITUATE BETWEEN BURROWS ROAD AND WEST PARR AVENUE. WHEREAS, the City Council of the City of Campbell finds and determines that a certain portion of Pollard Road, a public street in the City of Campbell situate between Burrows Road and West Parr Avenue, is not necessary for present or for prospective public street purposes because said portion has been superseded by relocation; and, WHEREAS, said City Council 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 Pollard Road be vacated; and, WHEREAS, said City Council elects to proceed in accordance with the provisions of Section 1930, et sequens, of the Streets and Highways Code, and, WHEREAS, the City Council elects to reserve and except from the abandonment easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structure in, upon, over and across said portion of Pollard Road proposed to be abandoned and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, main- tain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and it's products, ammonia, water, and for incidental purposes, including access to protect the property from all hazards in, upon, and over said portion of Pollard Road proposed to be abandoned; and, NOW, THEREFORE, BE IT AND IT IS HEREBY ORDERED by the City Council of the City of Campbell that said portion of Pollard Road between Burrows Road and West Parr Avenue, a public street in the City of Campbell, said portion more particularly described in Exhibit "A", attached hereto and by reference made a portion hereof, be, and it is hereby vacated, abandoned and closed to public street uses; and, 1 of 2 IT IS FURTHER ORDERED that the City Clerk is directed to record a certified copy of the Resolution in the office of the County Recorder, County of Santa Clara, State of California. PASSED AND ADOPTED this l0 day of July by the following vote: , 1978, AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Doetsch, Hammer, Paul, Chamberlin None Podgorsek APPROVED: Mayor ATTEST: City Clerk 2of2 EXHIBIT "A" BEGINNING at the most westerly corner of Lot 3 as said Lot 3 is shown upon that certain Map of Tract No. 6155 filed in Book 419 of Maps at pages 15 and 16 in the office of the County Recorder, County of Santa Clara, State of California; THENCE, along the southwesterly prolongation of the northwesterly line of said Lot 3, said prolongation and line also being the southeasterly line of Burrows Road as shown upon said Map, South 34° 20' 55" West 7.12 feet to its point of tangency with a curve that is concave easterly and has a radius of 20.00 feet; THENCE, along the arc of said curve southwesterly, southerly and southeasterly 33.45 feet through a central angle of 95° 50' 21" to a point of reverse curvature with a curve that is concave southwesterly and has a radius of 545.00 feet; THENCE, along the arc of lastmentioned reverse curve southeasterly 55.27 feet through a central angle of 5° 48' 39" to its point of intersection with the southwesterly line of Lot 5 as said Lot 5 is shown upon said Map; THENCE, along said southwesterly line of Lot 5 and the northwesterly prolongation thereof, lastmentioned line and prolongation also being the existing northeasterly line of Pollard Road as shown upon said Map, North 38° 15' 33" West 80.91 feet to the POINT OF BEGINNING. CONTAINING 0.022 acres, more or less, and being a portion of the Rancho Rinconada de Los Gatos. RESERVING THEREFROM unto the City of Campbell a Public Service Easement thereon for the purpose described in Section 8330 of the Streets and Highways Code of the State of California. PROPOSED STREET ABANDONMENT PORTION OF POLLARD ROAD PROPOSED ABANDONMENT CONTAINSO.OZ~AC. EXHIBIT "A" DR. BY L.M.5. MAY , 1978 CK. BY J.P. MAY , 1978 PPEPARED BY THE OFFICE OF THE CITY ENGINEER C~ ~PBELL, CALIFORNIA .i NOTICE OF VACATION OF PUBLIC STREET NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5739, being a Resolution of Intention to close a portion of that certain street known as Division Street, between Winchester Boulevard and the easterly line of the Lands of Southern Pacific Transportation Company to motorized vehicular use, being a public street within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 11th day of February, 1980, by the City Council of the City of Campbell; and that the loth day of March, 1980, at the hour of 8:00 p.m. of said day, at the City Council Chambers at City Hal1, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at City Hall for further particulars. Dated: February 20 , 1980 1:31TY DF I~.AMPBEI 75 NBNTH BENTRAL AVE. JE [:AI',4PFJF/k'_, DA OGre. DEl RESOLUTION NO. 5993 6962311 C c,.,..e,~ ~ ~- ) F 867 409 BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING THAT CERTAIN STORM DRAIN EASEMENT SITUATE WITHIN SAID CITY WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California, pursuant to the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division 1, Part ], Chapter 2, Article 5, Section 50340, et sequens, of the Government Code of the State of California, did heretofore on the 7th day of October, 7980, pass and adopt its Resolution No. 5948, being a Resolution of Intention to vacate a certain portion of the storm drain easement situate within said subdivision; and WHEREAS, this 24th day of November, 1980, at the hour of 8:00 o'clock p.m., in the Council Chamber in the City Hall, 75 North Central Avenue, Campbell, California, is the time and the place fixed for hearing all per- sons interested in or having objections to said proposed vacation; and WHEREAS, at said hearing, evidence was presented by persons interested in said proposed vacation, and no persons appeared in objection thereto; and WHEREAS, said City Council does find, determine and affirm from the evidence submitted to it that the storm drain easement, as said easement is described upon said Resolution of Intention, is unnecessary for present or prospective public uses; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the certain storm drain easement hereinafter described be, and it is hereby, ordered vacated, abandoned and closed from public uses, and that the easement hereinabove referred to is situate within the City of Campbell, County of Santa Clara, State of California, and more par- ticularly described as follows: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: A strip of land ten feet ~ide7 the centerline of which is described as follows: F 867 . :4C9 COMMENCING at the northwest corner of Parcel A as show~ upon that certain Parcel Map, recorded May 21, 1973, in Book 323 of maps, Page 36, Santa Clara County Records; ~. THENCE, South 33.00 feet along the westerly line of ~?~Ii~ _ Parcel A; ~o=~ 1 of 2 o -'= o-- mi:; :~' ' r) --I .. o .c.r. THENCE, North 89° 48' 40" West 16.99 feet and parallel with the westerly prolongation of the northerly line of said Parcel A to the beginning of a curve concave to the southeast, having a radius of 413.O0 feet; THENCE, southwesterly 311.49 feet along said curve through a central angle of 43° 12' 46" to the point of intersection with the northerly line of the lands described as Parcel One in the Gift Deed to Renee Jean Giannini Peacock, et al, recorded in Bk. B-806 official records, Pages 438 through 441, Santa Clara County Records; THENCE, North 89° 48' 40" West 39.97 feet along last mentioned northerly line; THENCE, North 47° 42' 32" West 27.00 feet to the TRUE POINT OF BEGINNING, being a point on a curve concave to the southeast, having a radius of 467.00 feet to which point a radial line bears North 47° 42' 32" West; THENCE, from said TRUE POINT OF BEGINNING North 47° 42' 32" West 133.24 feet to the point of intersection with the westerly line of Parcel 2 as shown upon that certain Parcel Map recorded February l, 1979, in Book 434 of Maps, page 50,'Santa Clara County Records, and distant North 35° 47' OO" East 132.12 feet from the southwest corner of said parcel being the terminus of easement. The side lines of said 10 foot easement to be extended or shortened to terminate at the intersection of above referenced 467.00 foot radius curve and the northwesterly line of above referenced Parcel 2. PASSED AND ADOPTED this 1980, by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: 24th day of November Paul, Chambertin, Podgorsek, Doetsch None Hammer APPROVED: ATTEST: Ralph Doetsch, Sr. Vice Mayor Phyllis O. Acker City Clerk 2of2 MEMORANDUM 'To. Hon. Mayor and City Council Date: CITY OF CAMPBELl. October 31, 1979 From: Robert C. Stephens, City Manager Subject: 1181-1191 STEINWAY ACCESS EASEMENT H I STORY: At their meeting of October 11, 1979, the City Council requested a summary of information relative to the 1181-1191 Steinway access easement, in light of the expressed concerns of Milton Brown, resident of 1181 Steinway Avenue. CHRONOLOGY: On January 16, 1947, the 1181-1191 easement was created by deed, as a method of access for each of the six properties in question. Mr. Milton Brown acquired the property at 1181 Steinway on August 26, 1947, with this easement recorded as a portion of the deed. As these lots were originally proposed to be developed with easement access in January of that year, Mr. Brown was aware of this situation upon purchase of the property. On May 15, 1967, an informal hearing was held by the Planning Commission, during which a proposal was made by the city to run a cul-de-sac southerly from Hacienda Avenue, to provide access to the four rear properties (1183- 1189 Steinway) currently served by the Steinway access easement. Mr. Brown objected to this arrangement, not wishing to dedicate portions of the rear properties (then owned by Brown) for possible future construction, and due to the potential for traffic noise. (See Attachment "A", proposed cul-de-sac illustration; and Attachment "B", S/1S/67 Planning Commission minutes) The Planning Commission on May 20, 1968, authorized the release of building permits on the four rear lots, provided that the property owner upon obtaining the permit, would agree to dedicate and improve to a street plan line as approved by the City Engineer, for a cul-de-sac connecting to Hacienda. An official plan line was not adopted by the City Council relative to this proposal; and although agreements to dedicate were secured, actual dedication was not requested. (See Attachment "C", S/20/68 Planning Commission minutes) In 1969, the first property was developed at 1189 by Pritchard (now owned by Winfree), with an agreement recorded to dedicate and improve the Hacienda cul-de-sac when called upon to do so. The residence was constructed in accordance with this agreement and other requirements. Upon his application for a building permit at 1183, Mr. Brown was also requested to record this agreement to dedicate and improve, however, the agreement was not returned, nor was the permit further pursued. To: Hon. Mayor and City Council 1181-1191 STEINWAY ACCESS EASEMENT Page 2 October 31, 1979 In 1972 this standard agreement was received from Mr. Stonecipher, and approval given by the Building Department for development of 118S. Approval was also given to Mr. Schroeder in 1975, upon agreement to dedicate and improve the cul-de-sac at 1183. This was the property upon which Mr. Brown had originally applied for permits; however, apparently plans were abandoned and the property sold. In 1976 approval was sought for development of the Maggio Tract, located south of Hacienda Avenue, immediately north of the 1181-1191 Steinway properties. The issue of traffic circulation, and the dedications for possible construction of a cul-de-sac, providing access to the four rear Steinway properties was discussed. It was determined that due to the manner in which homes were constructed at 1185 and 1185, there would be inadequate land available for placement of the cul-de-sac, as had been proposed in 1968. Subsequent to receiving the approval of the four affected property owners, it was recommended that the Maggio subdivision be allowed to develop, with access to the four parcels continuing by the existing Steinway easement. (See Attachments "D" and "£", 9/2/76 and 10/7/76 Planning Commission minutes) It should be noted that the properties which were developed prohibiting construction of the proposed cul-de-sac were that of Schroder and Stonecipher, not that of Pritchard, as illustrated by Attachment "A". In February of 1978, in response to correspondence received from Mr. Milton Brown and Ms. Diane Pezzolo, the City Manager's Office supplied the materials and information contained in this report to these residents; and in discussions with these individuals, determined that all actions taken by the staff and the agencies representing the city, were accomplished through appropriate and due process, as specified in the city's planning, traffic circulation and building code requirements. SUMMARY: In summation, access to the four parcels at 1185-1189 Steinway Avenue was planned and recorded by deed in 1947. The Hacienda cul-de-sac as proposed by the city was an attempt to correct an undesirable development scheme, which had been effected while this property was under jurisdiction of the County. It is unfortunate for all concerned that the city was unable to realize this proposal, due to the construction and development of parcels at 1183 and 1185 Steinway. As previously discussed with residents of this location, responsibility for maintenance and control of this easement or driveway area, will continue to be placed upon the six abutting property owners, in conformance with existing city policy. RCS:TLA:ajr cc: Kevin C. Duggan, Assistant to the City Manager Joseph £11iott, Public Works Director ,3 · 400 the access through his propcrt~/ ~s only for school children. actually a right°of.way, stated the planer, ~yone can ~e. However, ~a[[ [eels ~he walkw~ should be provided ~or ~ildren (o~her ~hen ~n Ninches~er) s~nce Manx has now been eliminated. Mr. Pursley does ~ed this need ~or a val~aY Co~issioner Pack norad KS 67-6 be approve~, s~Jec~ ~o ~e ~ollovin~ 1.1 Dedication to 60' right-of-way line ~ ~ollis Avenue ~or remainder o~ street. .- 2.'Dedication o~ 6' pedestri~ ease~nt ~roe M~x Avenue Avenue · ~. Const~ction o~ street i~rove~ents on Hollis Avenue ~d ~ide~alk pedestri~ easement in accord~ce ~th Article Part 1 th ~dergro~d utility requirements ~ lpeci~iel Section 9110.6 o[ the C~p..ll S. Process ~d ~ile parcel ~ap ~i~ Cowry Eecorder'~ Offt~ce- Co~iSsioner Lyes aecOndea' ~d ~e ~oice ~ote ~ ~i~o~. lained ~e $0' easemen~ vhi~ ........ Mr. Bo~ e~ ........ ~ c-~m S~einway ~o Xo~s Pa~e~ ..... ortherly ~rom ~exnway ~,~ S~ree~_ .. n ~he Co~W ~ _ 1 ~rom ~acxen4a Area o~ ~acien~a/ ~ o ~ a s~ree~ souther S~ ~omas ~u~v --- 48 ~d 49. s would give these lots access to a public street and the property Thi ......... ired to dedicate and i~prove the public street owners MOtlAG U~ &~-.- . -- ~. when the lots vere..GeyelopeG- Many interested parties were present; Mr. Leonard Pritchard started the questionning by inquiring if staff had initiated this street iud they had but only because an applicant had pattern? Mr. Hogan rep. 1 ..... ~ .~. ~ was then devised. Mr. asked for development xn this ar~ ~, .... rlan lots on Hacienda would be jeopar; ., the opinion, tha_t_.~h._e ..... o l~e cannot see are. ason for access ~o bo~) ..... _ .... ~ce vhi~ calls ~. ~o~ ~e,~ ~e de{iG~?n o~ "lot" ~ron ~, ur~n ... ~or: (con,inure nex~ pageJ ' i: [: Section 9301.45 - LOT La~d occupied or to be occupied by a building, or unit group oE build- ingso and accessory buildings together with such yards and/or open spaces and lot area as ·re required by this chapter, and having its principal frontage upon a street, or a place approved by the Commission. Regarding any easement ·rrangement, however, the problems ireserv ce.' nalntenanc,, and compatibility between all of the several (in thisbe·se, six (6)) property owners/neighbors. )4r. Brown, property owner, stated he could not in the past when trTing ~o purchase lots 48 &nd 49 obtain · building pernit £rom ~he County without dedication of portions of the property. Maintenance of the easement is a problem and, £urther, he o for one * does not want traffic noise by his bedroom window. Co~nissioner Grin inquired if the maintenance &greement was not delineated in his alreemenc with Mr. Pritchard. Yes, but there As · problem of maintenance of this easement. Mrs. Roberts~ applicant and owner of Lots 48 and 49, s~ated her tax roblems and her interest in selling the property and mssurin~ the uyers' access to the lots from ·.public street. Chairman Healey stated that due to the immediate nature of their a~tendance at another meeting, ~he Planning Commission must deter~ine whether there is enough interest in having · public hearing set to. decide the street pattern. Since there are apparently the;Planning ¢o=ission viii take another look It this Plan.y sonan problems ~ Ad~0urnnen~ Connissioner Pack moved the meeting be adjourned, ' seconded by Comn~issioner Grim, and the meeting was : adjourned at 9:45 PM, ~he Conmis~oners leaving post-haste for their combined meeting vith/~e Cit,,~jL~ncil. .  k B.lHealey, ~a~rnan ~ C Leonard Pritchard DISCUSSION · £he p].;-'.nn~ng l)ircctor reported thnt ).Ir. pl-itch~rd hns roquosl'.o~i pcr)~ssion to obtain n building permit for a lot ).oca. ted at the rear of 1191 Stei. nR:ay Avenue, access, to this lot boing an ea~emnnt thai: t~djoining property owners arc unwilling to dedicate and improve as a sta}~dard ~troct The plnm~ing ])ircctor recomuonded that · 21~ 4B and 49 the propc, rt.y ow~ers of lots enter into a~) agrecl,:ent to dcdScate ancl ilnpr0Vo to a str~ct plan lino~ as approved b)' the City Engineer, for n street connecting 1.:ith i(acienda at st~ch time ms required 1,3' the City of )Ir, [li).ton grown, llg). Steinway, was present stated that be was willing to dedicate if the City would accep~ the fence lille that he now has curbed for ~n ex~sting te)~cc m~d he was told that the propert)' wor~ld have to be surveye~ to obtain the correct lines, bit. Brown state~ theft he did not feel that ho wanted to spend ~150 for a survey nnd he ~lso di~ not ~cant his fence disturbed or removed if it w~me not on the correct line. Brown .also stated that whatever they do with he ~i~ not want to ~ccept responsibility to ~aintai it or ~ccept responsibilit)' for perr. onal or propurt ~amages for anyvne using tho easoment, Commissioner Young stated that he felt that when tho p~opert)' o~mers saw the completed development that ~.s planne~, for the property they ri!glut change their nin~s and want the street put khrougb improved, Cit)' Ordinances require that lots front on ~ street.i.n order to obtain e building permit ~nd therefore those lots ~tonting on ~n easement must .be .npprove~ b)' the Planning Commission before a permit c~n be obtained, Co~t, missioner [lealc)' aslte~ i[ the easement would be used ns it had been tn the past nnd it wad stat that it would ms the ~ronortY owners had the ~i. ght ;.;ou~a neon ~crmission of the use tho easement but adjoining ptopett)' ownors to improve it, Co~,,is~ionat llenle)' '~ro .oses and ~?'es that ~he Buildin~ baPartmeu~ia.~uccs on thc 4 subject lots, construction oE rc subject to thc [oilowing condition: ~h~t the p~opcrt, ( an~ ~nprovc to · ..,~ ,,,, n~rcumont to ~ec!,c~e ~-., ~-er- for l~n 1~, a~.~PP ~ ' da Awenue at such P .- th Stl'cet connecting t.~ .... _._.. . mn~ unmnimou~17 se'conded by Commissioner Lyons adopted. common ownersnAp. A lone change and pAsnnea development approval has been granted by the PAanning Commission and City Council for the townhouse dew 'opment with · condition t' t · subdivision map be filed and app~_/ed by the City. This p~oposa! is In accord with the General Plan and the Planned l)~vc!op~nt,approval tbst exists On tho p~operty. Commissionsr .DLckson stated that the map Il in &ccord with what was presented at the time the PD was approved. Commissioner Pack moved that the Planning Commission recommend approval of T.S. 76-3, Lands of James Day, to the City Council, leconded by Commissioner taupes and unanimously adopted; T.S. 76-~ Tentative Subdivision Nap - Lands of Lands of #aggio Haggis and Apodaco, inc. for approval and Apodaco, inc. of · land subdivision Into ten lots on property located south of Hacienda Avenue and Shadle Avenue An a R-1 (Single Family Residential) Zoning District. Chairman Lubeckis asked Hr. Wee for his connects. Hr. Kee advised that the applicant is proposing · subdivision of 2,06 acres of land Into ten Ilnsle family lots, The present zonin~ Ls R-l and the ·rea. Is indicated for low-density on the General P~an (less than slx units per acre). The staff is concerned about the access to the parcels to the south. Several of the,property owners to the south have dedicated property for the continuation of a street from Steinway to Hacienda Avenue, The proposed map does mbt provide for the extension of · street to Steinway. It is the staff's opinion that the circulation of the immediate area should be resolved and staff. Is recommending · continuance to the next teenier meet·nS in order that street al·lament and the future disposition of the existing structures on the property uay be ~esolved. Chairman Lubeckls asked ~f the applicant was present, Hr. Bob #cBaln, 100 #est Rlncou Avenue, ~epresentiuS the applicants, stated that they were not ·ware when they filed this map that there ~ere any problems with the property to the south. He asked If the. dedication was made with the intention that'the street fo north or the street go south. He questioned the access that exists. Chairman Lubeckis asked ar. #cBain if he had contacted the property owners to the south, Hr HcBain st~j~d that he did not know ab~ the dedication. Hr Kee suggested that a continuance be g~nted mo the questions lnvolvlnf~ the dedication end access could be worked out. Commissioner Campos moved that T,S. 76-# be continued to the next t reSular,meetlng, seconded by Commissioner Pack and unanimously ed T,S. 76-5 Tentative Subdivision Man L.~.'fl~ T. S. 76- F * ' Lands of 8agglo ~.~ end Aped·co, Inc. Continued tentative~ vision map - Lands of Maggie and Apoda~/ln¢. for approval of · land subdivision into ten lots on property located south of Hacienda Avenue and Shadle Avenue in a R-I (Single Family Residential) Zoning District. Vice Chairman Dickson asked Mr. Kee for his coneents. Mr. Kee advised that the staff recommendation is for approval. Mr. Helms made · report to the Comrnisslon stating that the way these houses have been constructed there isn't room to provlde a standard cul-de-sac so they are recommending that this subdivlsion be allowed to develop as proposed and that these four parcels have permanent access across to Steinway Avenue. Mr. Helms has taled to the owners of each of these four parcels and they are in agreement with that. Coe~nlssloner Hebard moved that T. S..76-q be approved subJect to the following conditions: Installation of a sanitary sewerage system to serve all lots withJn the subdivision In conformance with the proposed plans of the County of Santa Clara Sanitation District No. 4. Sanitary sewerage service to be provided by said District Iio. 2. Installation of a water distribution system to serve all lots within the subdivision in conformance with the plans of the San Jose Water Company. Vater service to be provid~.d by said San Jose Water Company. Fire hydrants and appurtenances shall be provided and Installed at the locations specified by the Fire Chief, Fire Depart,~nt, City of Campbell. Fire hydrant rental fees shall be paid to City at the rate of $1~5.00 per {tire hydran, t. 3. Subdivider sh~ll 'create or provide any Public Service Easement and any other' public utility and/or public service easements as may be necessary for the Installation of any and all public utilities and/or facilities. 4. Compliance with the provisions of Title 20, Subdivisions, of the Campbell Municipal Code. 5. Subdivider to pay storm drainage area fee. 6. Subdivider to furnish copy of Preliminary Title Report. 7. Subdivider shall enter into an agreement wit~ City, post bond,'and obtain an excavation permit for street Improvements throughout the frontages of any new streets and through the frontage of Hacienda Avenue as required by City Engineer. 8. All structures on the site to be removed prior to final map being recorded. L~lssloner Samuelson seconded the motion and it was unanimously adopted. Robert C.Stevene City ~aneger Cempbell,Ce. 95008 North Central Ave, Februsr~ ?7~B 19?B 1181 Steinwe¥ Ave. Campbell,Ce.95008 Deer Sir; I request en open meeting on the subject of the role of some of the employees Of the city end others in the eetti-' -~lde · plenning mep that .wes drefte? et · Council .meting In t~e time frame of about ~5 end the conamn~n9 the rgb_urn of · section o? this erie robe, ~em.~ror no~ end I and my neighbor scr~J~[~o9~ even ewers that thin wes goin~ on until ell oermits were issued mhd the use of · private easement o? only 30 ft wide wes condmned to use from now on,however mn employee o? Csmobell hsd · meetino '" with the other oknere o? enid easement end reached ·secr at meeting . '' I request That the heed o? plenning,£ngineerino,?ire prevention,that members of. the City Councel be notified. Please heys available the plennin9 map that wes proposed end end passed :'-~~n 'the' ~tme ~rsmi'o?-lg65 ~e~d uneer..~lth~La-~ouses-~ze-Jau~Lt~tt_~he_resr o? ... mn easement between llB1 end llgl Steinway Ave. : · Please request the city employee of Cempbsl. l that had the above m~etl~-, in this ares et amid meeting. . ' It will take me considerble time to lay s history o? all o? the thing that have happened in regusrds this mette~ thst~must be presented to get a clear picture of what hms and ia going on. Yours Truly l~iltonnBrown RECEIVED O Y, arch 7~ 1 CltY .g~n~ger 7~ N. Central Ave. ~bell, C~. RECEIVED IVlAR 1 0 1978 M~ husband and I are residents of Santa Clara Count]r, ~n an unincorporated area ~ich is adjacent to and affected by the city of Campbel1. Our next door noi~hbor, Mr. Hilton ~rown, sent you a letter dated 2/27/~8, request~ ing an open meetzLn~. We wish to reiterate his request and participate in same~ due to verbal harassment by a neighbor and your fire department , ~hich are the result of decisions ~ade by the city of Campbell. (Ref: ~attalion Chief S. Lconardi's letter to us, dated 2/10/78). The changes ~ade were diectly involved with our taxable property and done without our consultation. To ~y kn~edge, this was against the law. We expect to be able to pre- sent our position which will, hopefully, make it possible for us to live in our home, as the sanctuary it once was. Your city's decisions and our neighbor's subsequent complaints are an infringement of our privacy and rights. Please advise ~hen we can meet and please have maps available which show past and present rulings of our area, plus nll pertinent correspondence; this may expedite a solution to our problem. Thank you. Sincerer, Diane J. Pe z~o 1191 Steinway Ave. . Ca]mpbell, Ca. ~X)8 phone;. ,:174-7811 C ITY OF PBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: CITY MANAGER' S OFFICE March 30, 1978 Hr. ltllton Brown 1181 Steinway Avenue Campbell, CA 95008 Dear Hr. Brown: This letter and the enclosed material represents the understandingwhich I believe we reached when we met with you on Tuesday, March 21, at your home to discuss the complaints you have relating to an easement between 1181 and 1191 Steinway Avenue. Enclosed for your information are the official minutes and other documents relating to the events which led to the current situation which you believe to have caused problems for you as a result of those four lots to the north of your home. As we discussed at our meeting, I can see no resolution of the problems you describe,'because the Mag§to Court cul-de-sac did not extend further to the south to serve the four lots which are currently served by the easement from Steinway. To the best of my knowledge,' all of the actions taken by the staff and the agencies representing the city were accomplished through appropriate and due process as specified in the City's planning, traffic circulation, and building code requirements. Should you have any further questions relating to the events which led to the current situation, please call my office and I vi11 be happy to discuss your conceTns. In closing, I would like to apologize for the letter which was sent, to you from the City's Fire Department relating to keeping the easement clear in order that the property owners to the rear of your property could have access (as well as our fire trucks). They were not aware of the special circumstances involved. ! would also hope that the relationship betaeeen you and your neighbors on the rear four lots could be improved since the easement is of importance for access for all concerned. RCS:air Enclosures Sincerely, Robert C. Stephens, City Manager cc: MayorDean R. Chanberlin. P~c Works Director, Building Official, Fire Chief Director,. Phnnin~ CITY OF C;IMPBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Deportment: CITY MANAGER'S OFFICE March 30, 1978 Hrs. Diane J. Pezzolo 1191 Steinway Avenue Campbell, CA 95008 Dear Hrs. Pezzolo: This letter and the enclosed material represents the understandingwhich I believe we reached when we met with you on Tuesday, March 21, to discuss the complaints you have relating'to an easement between 1181 and 1191 Steinway Avenue. Enclosed for your information are the official minutes and other documents relating to the events which led to the current situationwhich you believe to have caused problems for you as a result of those four lots to the north of your home. As we discussed at our meeting, I can see no resolution of the problems you describe, because the Maggio Court cul-de-sac did not extend further to the south to serve the' four lots which are currently served by the easement from Steinway. To the best of my knowledge, all of the actions taken by the staff and the agencies representing the city were accomplished through appropriate and due process as specified in the city's planning, traffic circulation, and building code requirements. Should you have any further questions relatin~ to the events which led to the current situation, please callmy office and I wi11 be happy to discuss your concerns, In closing, I would like to apologize for the letter whichwas sent to you ~. from the City's Fire Department relating to keeping the easement clear in order that the property owners to the rear of your property could have access (as well as our fire trucks). They were not aware of the special circ,m=tances involved. ! would also hope that the relationship between you and your neighbors on the rear four lots could be improved since the easement is of importance for access for all concerned. Enclosures cc: Mayor Dean R. Cbm~erlin Sincerely, Robert C. Stephens City Manager Public ~ector, Planning Director, Buildin$ Official, Fire Chief .z_____. ' "TO' BE RECORDED WITHOUT ~'2:'.ION 6102, GO',I~.RH,NkENT AT T: ]2 REQUEST O? Cr~ t OF CAMPBEll- CIT~ OF CAMPBELt- 5556 75 NORTH CENTRAL AVE. RESOLUTION NO. CAMPBELL. CALIFORNIA 95008 BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF CAMPBELL OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEMENT WITHIN LOT NO. 1 OF TRACT NO. 2568 SITUATE WITHIN SAID CITY. E 736 63£9044: WHEREAS, the City Council of the City of Campbell, County of Santa Clara, State of California, pursuant to the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division 1, Part 1, Chapter 2, Article 5, Section 50340, et sequens, of the Government Code of the State of California, did heretofore on the 22nd day of January, 1979, pass and adopt its ~esolution No. 5529, being a R~solution of Intention to vacate a certain portion of ~,he public service easement situate .within said subdivision; and, WHEREAS, this 26th day of February, 1979, at the hour of 8:00 o'clock P.M., in the City Council Chambers in the City Hall, 75 North Central Avenue, Campbell, California, is the time and the place fixed for hearing all persons interested in or having objections to said proposed vacation; and, WHEREAS, at said hearing, evidence was u~esented by persons interested in said proposed vacation, and no persons appeared in objection thereto; and, WHEREAS, said City Council does find, determine and affirm from the evidence submitted to it that the certain portion of the public service easement, as said portion is described upon said Resolution of Intention, is unnecessary for present or prospective public uses; NOW, THEREFORE~ BE IT RESOLVED by the City Council of the City of Campbell that the certain portion of the public ucrvice easement hereinafter described be, and it is hereby, ordered vacated, abandoned and closed from public uses, and that the certain portion of the ~sement hereinabove referred to is situate within the City of Campbell, County of Santa Clara, State of California, and more particu- larly described as follows: BEGINNING at the intersection of the northerly line of Lot 1 and the easterly line of a Public Service E~sement'as said Lot 1 and Public Service Easement are shown upon that certain Map of Tract No. 2568 filed in Book 113 of Maps at pages 26 and 27 in the Office of the County Recorder, County of Santa Clara, State of California; THENCE, along said easterly line of the Public Service Easement South 3"13'45'' West 76.61 feet to its intersection with the southerly line of said Lot 1; Page 1 of 2 E 737 THENCE, along said southerly line South 89o52,00,, West 5.01 feet to its intersection with a line tt~t is parallel with and 5.00 feet westerly, measured at right angles, from said easterly line of the Public Service Easement; T~NCE, along said parallel line North 3o13,45" East 76.61 feet to its intersection with said northerly line of Lot 1; THENCE, along said northerly line North 89o52,00- East 5.01 feet to the POINT OP BEGINNING. RESERVING T~REFROM a wire clearance easement to be kept free and clean of any buildings and/or structLLres of any kind having a height of 15 feet or more. PASSED AND ADOP~D this following vote: 26th,_ day of February ~ , 1979 by the NOES: Councilmen: Doetsch, Paul, Podgorsek, Chamber]in councilmen: None ABSENT: Councilmen: Ha~er APPROVED: ATTEST: Dean R. Chamberlin ----Ra~o~-- ~-' .) Ack'er City Clerk THE FOREC"IOINI% INSTRUMENT IS A TRUE · * '' AND CORRECT COPy OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: PHYLLIS O. ACKER, CITY CLERK ? PROOF OF PUBLICATION ~ '~: // 12015.5 C.C.P.) STATE OF CALIFORNIA, County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. ! am the principal clerk of the printer of the CAMPBELL PRESS 10950 No. Bianey Avenue, Cupertino, California, a newspaper of general circulation, printed and published every Thursday in the city of Cuper- tino, County of Santa Clara; and which news- paper has been adjudged a newspaper of gen- eral circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 84048; that the notice of which the an- nexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: all in the year 19 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Cupertino, California, this 12th of ~oril ,19 79 Signature This space is Jot t~e Lounty Clerk's Filing Stamp PROOF OF PUBLICATION OF 17ot~oe of Vscstion of ~: .... .... ~el~ v~t AFFIDAVIT OF POSTING NOTICE OF PUBLIC SERVICE EASEMENTS VACATION STATE OF CALIFORNIA COUNTY OF SANTA CLARA SS. say: , being first duly sworn, depose and That I am a citizen of the United States of America and am over twenty- one years of age; That for and on behalf of the City Clerk of the City of Campbell I posted Notice of Vacation of Easement pursuant to Resolution No. 5561, being a Resolution of Intention to Vacate, passed upon and adopted on the 26th day of March, 1979, by the City Council of said City of Campbell; That said Notices of Vacation of Easement were posted along the lines of portion of the easement where such is proposed to be vacated at not more than three hundred feet (300') and that not less than three (3) such notices were ~ day of /if~ ,,' posted, and that said posting was fully completed on the /. , 1979, and that a copy of said notice is hereto attached, and by reference made a part hereof. Subscribed and sworn to before me this :/W~ day of .~?~?,,:/ , 1979. Notary Public in and for the County of Santa Clara, State of California GAS AND ELECTBIC COM}:ANY 11I ALMADEN BOULEVARD · SAN JOSE, CALIFORNIA 95198 · (408) 298-3333 April 2, 1979 City of Campbell 75 North Central Avenue Campbell, CA 95008 Attention: Charlene M. Case Proposed Abandonment of P.S.E. within Tract #6384, Pollard @ More, Campbell, Our File 640 Gentlemen: In response to your recent request, this Company has no objection and hereby consents, to the abandonment of the P.S.E. as shown in red on the attached copies of your drawing. As a condition of this consent, we request that our San Jose Division Land Department be supplied with a certified copy of the final resolution of abandonment by the City. '-'--'---- ........ Should you have any questions concerning this abandonment, please contact Mr. Michael Drury of our Land Department, at this address, telephone extension 401. Thank you for this opportunity to be of service. Sincerely,~ District Manager Attachments j LEC IVED L, ,, :.!!, 1979 f.,L .... ,~:.., 3;(KS ENGii,;L~.i{tNG POLZA~D $£RVIC£ £A~£M£NT ABANDOIqM£NT EXHIBIT "A" PROPOSED ABANDONMENT CONTAINS, 01'7 AC. CK. BY , 197 PREPARED BY THE OFFICE OF THE CITY ENGINEER .CAMPBELL, CALIFORNIA COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone 378-2407 March 23, 1979 SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA City of Campbell Public Works Dept. 75 North Central Ave. Ca,..?~bell,~ ~ CA 95008 Attention Mrs. Charlene M. Case RE Tract 6384 Abandonment of a portion of P.S.E. Dear ~s. Case We have reviewed the purposed abandonment forwarded with your letter of March 12, 1979 and have no objection to the abandonment. Very truly yours Stephen H. Goodman Manager and Engineer By Robert L. Moehle Engineering Services RLM/g 1 r CC Mark Thomas & Company Attention Sam Zullo 18 North San Pedro Street San Jose, CA 95110 RECEIVED ~,~ ?, S 1979 PubLIC WORKS EiXlGINEERIN6 March 22, 1979 Pacific Telephone 1295 Veterans Boulevard Redwood City, California 94063 RECEIVED N~/~R ~ B 1979 PUBLIC WORKS ENGINEERING Mr. Joseph Elliott, Director of Public Works City of Campbell 75 North Central Avenue Campbell, California 95008 Dear Mr. Elliott: This is in reference to your letter of March 12, 1979, regarding the proposed abandonment of a portion of the Public Service Easement within TRACT NO. 6384 (copy of letter, Legal Description and Exhibit '~" attached). The Telephone Company does not maintain any facilities within the area prOposed to be abandoned and has no future requirement for its use, We, therefore, have no objection to the proposed abandonment. If you have any questions, pleast call T. F. Turner on 415-365-6959. Yours truly, T. J. Scully Right of Way Manager A t tachment s I ITY OF I AMPBI LL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: Public Works March 12, 1979 Pacific Telephone 66 Willow Place ,4enlo Park, CA 94025 Attention: R.A. NELSON, District ,~anager-Enqineer Gentlemen: The City of Campbell has been asked to abandon the portion of the Public Service Easement within Tract No. 6384. The area to be abandoned is shown on the attached sketch as a crosshatch. As this item will be placed on the City Council Agenda for initial action on March 26, 1979, the City is requesting your company's approval to abandon the above described public service easement. If you desire additional information, please contact Jim Penoyer of this office. The telephone number is 378-8141, Ext. 220. Very Truly Yours, JOSEPH ELLIOTT Director of Public Works By CHARLENE M. CASE Administrative Aide CMC:mkc Attachment 77142 1/lO/?9 DESCRIPTION Portion of P. S. E. (Public Service Easement) Within Tract No. 6384 to be Abandoned Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59:45~ East 18.00 feet; thence leaving said Northeasterly line South 30° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90° 00' 00" for an arc length of 28.27 feet and North 30~ 15' East 38.00 feet to the POINT OF BEGINNING. Prepared January 10, 1979 by MARK.THOMAS & CO. INC. 72./4 $¢ 7. O/ pOLZAI~D P/JSL lC SERVICE £A$,E./I,'I£NT ASANDONM£NT EXHIBIT "A" CI~ BY ~ 197 PREPARED BY TNE OFFICE PROPOSED OF THE CITY ENGINEER ABANDONMENT CAMPBELL. CALIFORNIA CONTAINS, Ol'~ AC. cable, inc. 1302 N. Fourth St. San Jose, Ca. 95112 Tel: (408) 998-7333 March 19, 1979 City of Campbell Department of Public Works 75 North Central Ave. Campbell, Calif. 95008 ATTN: Charlene M. Case RE: Abandonment of PSE Tract 6384 Dear Mrs. Case; Gill Cable Inc., grants your request to abandon the PSE Tract 6384, as described on the attached. If you have any further question~ please call me at 998-7333, Extension 241. Sincerely, Engineering Design Supervisor GTA:ddp Enclosure A Gill Industries Company 77142 1/10/79 RBP DESCRIPTION Portion of P. S. E. (Public Service Easement) Within Tract No. 6384 to be Abandoned Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59° 45' East 18.00 feet; thence leaving said Northeasterly line South 30° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90~ 00' 00" for an arc length of 28.27 feet and North 30° 15' East 38.00 feet to the POINT OF BEGINNING. Prepared January 10, 1979 by MARK .THOMAS & CO. INC. = 90~' "'... = 2~.Z7 " PUS~ lC SERVICE £A SE IW£NT ASA/VDONM£NT EXHIBIT "A" PROPOSED ABANDONMENT CONTAINS, 01'~ AC. CK. BY , 197 PREPARED BY THE OFFICE OF THE CITY ENGINEER CAMPBELL, CALIFORNIA RESOLUTION NO. 556] BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL, CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE A PORTION OF THAT CERTAIN PUBLIC SERVICE EASEMENT WITHIN TRACT NO. 6384 AND SETTING A TIME AND PLACE FOR THE HEARING THEREON AND GIVING NOTICE THEREOF. WHEREAS, the City of Campbell did, by virtue of that certain map of Tract No. 6384, August 30, 1978, in Book 425 of Maps at page 46, in the office of the County Recorder of said County, acquire that certain public service easement, a map of which together with a description thereof is on file in the office of the City Clerk of said City of Campbell, located at City Hall, 75 North Central Avenue, Campbell, California; and, WHEREAS, the City Council of said City of Campbell does find, determine and affirm that said portion of said public service easement lying within said lot has not been used for the purpose for which it was dedicated; and, WHEREAS, said City Council does find, determine and affirm that said position of said easement is not necessary for any present or prospective public uses; and, WHEREAS, said City Council does hereby elect to proceed in accordance with the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division 1, Part 1, Chapter 2, Article 5, Section 50430, et sequens, of the Government 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 uses that certain portion of that certain public service easement, a description of which, together with map thereof, is on fi].~ in the office of the City Clerk of the City of Campbell, at City Hall, 75 North Central Avenue, Campbell, California. SECTION TWO: Notice is hereby given that on Monday, April 23, 1979, at the hour of 8:00 o'clock P.M. of said day, in the City Council Chambers in the City Hall, 75 North Central Avenue, Campbell, California, is hereby fixed as the time and the place for hearing all persons interested in or having objections to the proposed vacation. SECTION THREE: IT IS HEREBY ORDERED AND DIRECTED that a notice of the passage of this Resolution of Intention be forthwith published twice, once each week for two (2) successive weeks, which latter publication shall be made not less than ten (10) days prior to the date of the hearing, in the Campbell Press, a 1 of 2 newspaper of general circulation, printed and published in said City of Campbell, and that notices of said easement vacations be posted conspicuously along the lines of the portion of the easement proposed to be vacated at least ten (10) days prior to the date set for the hearing. Said notices shall be posted not more than three hundred (300) feet apart, but at least three (3) such notices shall be posted for each portion. Said notices shall state the passage of this Resolution of Intention and notify of the time, date and place of the hearing on the proposed vacation. SECTION FOUR: That the following is the description of the portion of the public service easement which is proposed to be vacated: Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59° 45' East 18.00 feet; thence leaving said Northeasterly line South 3~° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90° 00' 00" for an arc length of 28.27 feet and North 30° 15' East 38.00 feet to the POINT OF BEGINNING. PASSED AND ADOPTED this vollowing vote: 26th day of March , 1979 by the AYES: Councilmen: Chamberlin, Hammer, Podgorsek, Paul NOES: Councilmen: None ABSENT: Councilmen: D0etsch APPROVED: ATTEST: Norman Paul Mayor 'Ph~l'l~is O. Acker City Clerk 2 of 2 MARK THOMAS & CO. INC. CONSULTING CIVIL ENGINEERS & MUNICIPAL PLANNERS 18 N. SAN PEDRO STREET, SAN JOSE, CALIF. 95110 · (408) 295-2425 OFFICES IN SAN JOSE AND CUPERTINO HARRY F. AUMACK, JR. JOHN E. FLEMING SAM J. ZULLO MARK E. THOMAS ALDO P. SAVIO March 16, 1979 File No. 77154 Mr. Jim Penoyer City of Campbell 75 North Central Avenue Campbell, California 95008 Re: Vacation of PSE Ease- ment Tract 6384 Dear Mr. Penoyer: I contacted following agencies who indicated they will forward clearance. Let me know if anyone else needs to be contacted prior to Council meeting on March 26, 1979. Agency Status Contact Phone ~P.G.&E. Will forward L Mike Drury R~ 298-3333 to City. Don Dixon Engineer Date 3/15/79 P.T.'&T. Will forward to City. Sanita- Will forward tion Dis- to City. trict No. 4 Joe Acsi 291-3654 3/15/79 Bob Moehle 378-2407 3/15/79 Gill Cable Has re- T.V. quest will forward. Bill Schnider 3/15/79 San Jose Will forward Water request. Works George Spitz Don Arnaudo 279-7874 3/15/79 SJZ:as Copy: Ron Tate Very truly yours, & CO. INC. RECEIVED MUNICIPAL ENGINEERING ASSESSMENT DISTRICTS SEWERAGE AND SEWAGE DISPOSAL DRAINAGE AND FLOOD CONTROL WATER WORKS PROJECTS SUBOIVlSIONS SITE DEVELOPMENT MAPPING AND SURVEYING STRUCTURAL DESIGN CONSTRUCTION REVIEW MANAGEMENT AND OPERATION ENVIRONMENTAL PLANNING RESOLUTION NO. 5529 BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL, CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO VACATE A PORTION OF THAT CERTAIN PUBLIC SERVICE EASE- MENT WITHIN LOT NO. 1 OF TRACT NO. 2568 AND SETTING A TIME AND PLACE FOR THE HEARING THEREON AND GIVING NOTICE THEREOF. WHEREAS, the City of Campbell did, by virtue of that certain map of Tract No. 2568 recorded October 27, 1959, in Book 113 of Maps at pages 26 and 27, in the office of the County Recorder of said County, acquire that certain public service easement, a map of which together with a descrip- tion thereof is on file in the office of the City Clerk of said City of Campbell, located at City Hall, 75 North Central Avenue, Campbell, California; and, WHEREAS, the City Council of said City of Campbell does find, deter- mine and affirm that said portion of said public service easement lying within said lot has not been used for the purpose for which is was dedicated; and, WHEREAS, said City Council does find, determine and affirm that the period during which said portion of said easement has not been used in that certain period from October 27, 1959 to inclusive; and, WHEREAS, said City Council does find, determine and affirm that said position ofsaid easement is not necessary for any present or prospective public uses; and, WHEREAS, said City Council does hereby elect to proceed in accordance with the provisions of the Public Service Easement Vacation Law of the State of California, namely, Title 5, Division l, Part 1, Chapter 2, Article 5, Section 50430, et sequens, of the Government 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 uses that certain portion of that certain public service easement, a description of which, together with map 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. 1 of 3 SECTION TWO: Notice is hereby given that on Monday, February 26, 1979, at the hour of 8:00 o'clock P.M. of said day, in the City Council Chambers in the City Hall, 75 North Central Avenue, Campbell, California, is hereby fixed as the time and the place for hearing all persons interested in or having objections to the proposed vacation. SECTION THREE: IT IS HEREBY ORDERED AND DIRECTED that a notice of the passage of this Resolution of Intention be forthwith published twice, once each week for two (2) successive weeks, which latter publication shall be made not less than ten (10) days prior to the date of the hearing, in the Campbell Press, a news- paper of general circulation, printed and published in said City of Campbell, and that notices of said easement vacations be posted conspicuously along the lines of the portion of the easement proposed to be vacated at least ten (10) days prior to the date set for the hearing. Said notices shall be posted not more than three hundred (300) feet apart, but at least three (3) such notices shall be posted for each portion. Said notices shall state the passage of this Resolution of Intention and notify of the time, date and place of the hearing on the proposed vacation. SECTION FOUR: That the following is the description of the portion of the public service easement which is proposed to be vacated: BEGINNING at the intersection of the northerly line of Lot 1 and the easterly line of a Public Service Easement as said Lot 1 and Public Service Easement are shown upon that certain Map of Tract No. 2568 filed in Book 113 of Maps at pages 26 and 27 in the Office of the County Recorder, County of Santa Clara, State of California; THENCE, along said easterly line of the Public Serivce Easement South 3°13'45'' West 76.61 feet to its intersection with the southerly line of said Lot 1; THENCE, along said southerly line South 89052'00'' West 5.01 feet to its intersection with a line that is parallel with and 5.00 feet westerly, measured at right angles, from said easterly line of the Public Service Easement; 2of3 THENCE, along said parallel line North 3°13'45'' East 76.61 feet to its intersection with said northerly line of Lot 1; THENCE, along said northerly line North 89o52'00'' East 5.01 feet to the POINT OF BEGINNING. RESERVING THEREFROM a wire clearance easement to be kept free and clear of any buildings and/or structures of any kind having a height of 15 feet or more. PASSED AND ADOPTED this 22nd day of January , 1979, by the following vote: AYES: Councilmen: Doetsch, Han~ner, Paul, Podgorsek, Chamberlin NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: ATTEST: Dean R. Chamberlin Mayor Phyllis O. Acker City Clerk 3of3 I /.,._.~.00' WIRE CLEARANCE EASEMENT PUBLIC SERVICE EASEMENT I I I "../ i ! ~.00' k-'5,01' S 89e SZ'OO"W 25G8 HACIENDA AVENUE 30' LLI I11 SCALE: I" = ZO' EASEMENT TO BE VACATED BY THE CITY Of CAMPBELL Dr. by LM.$. ,JAN., 197'9 Ck. by J.P. JAN., 1979 _PORTION ,OF EASEMENT -TO. BE VACATED Prepared by the Office of the City Engineer. Cempbell~ Cellfornio SAN JOSE WATER WORKS 374 West Santa Clara Street San Jose, California 95113 408/295-3205 March 15, 1979 City of Campbell 75 North Central Campbell, CA 95008 Attention: Jim Penoyer Reference: Abandonment of a PSE (26' x 20' in Tract 6384) Gentlemen: Please be informed that San Jose Water Works has no objections to the above-referenced abandonment and hereby gives its consent. Very t~uly yours, .~ ~.--~ blew Bus-lness Superv±sor GS:ss cc: Mr. Sam Zullo Mark Thomas & Co. 18 N. San Pedro San Jose, CA 95110 CITY OF MPBI LL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFOR'NIA 95008 (408) 378-8141 Public Works Department: March 12, 1979 D:AZ CASE Attention: Gentlemen: The City of Campbell has been asked to abandon the portion of the Public Service Easement within Tract No. 6384. The area to be abandoned is shown on the attached sketch as a crosshatch. As this item will be placed on the City Council Agenda for initial action on March 26, 1979, the City is requesting your company's approval to abandon the above described public service easement. If you desire additional information, please contact Jim Penoyer of this office. The telephone number is 378-8141, Ext. 220. Very Truly Yours, JOSEPH ELLIOTT Director of Public Works CMC:mkc Attachment By CHARLENE M. CASE Administrative Aide Public Works March 12, 1979 Attention: Gentlemen: The City of Campbell has been asked to abandon the portion of the Public Service Easement within Tract No. 6384. The area to be abandoned is shown on the attached sketch as a crosshatch. As this item will be placed on the City Council Agenda for initial action on March 26, 1979, the City is requesting your company's approval to abandon the above described public service easement. If you desire additional information, please contact Jim Penoyer of this office. The telephone number is 378-8141, Ext. 220. Very Truly Yours, JOSEPH ELLIOTT Director of Public Works CMC:mkc Attachment By CHARLENE M. CASE Administrative Aide AFFIDAVIT OF POSTING NOTICE OF PUBLIC SERVICE EASEMENTS VACATION State of California County of Santa Clara ss. and say: · being first duly sworn, depose That I am a citizen of the United States of America and am over twenty-one years of age; That for and on behalf of the City Clerk of the City of Campbell I posted Notice of Vacation of Easement pursuant to Resolution No. 5529, being a Resolution of Intention to Vacate, passed upon and adopted on the 22nd day of January, 1979, by the City Council of said City of Campbell; That said Notices of Vacation of Easement were posted along the lines of portion of the easement where such is proposed to be vacated at not more than three hundred feet (300') and that not less than three (3) such notifies were posted, and that said posting was fully completed on the ~1~ day of F~9~A~ , 1979, and that a copy of said notice is hereto attached, and by r~ference made a part hereof. Subscribed and sworn to before me this ~/~ day of .~.k~.~.L?~ , 1979. Notary Public in and for the County of Santa Clara, State of California ~ OFFICIAL SEAL /~.. · My Commission E,;p;~,:s 0~::~. ~, ;9~9 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Santa Clara 1 am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. ! am the principal ~ierk of the printer of the CAMPBELL PRESS 10950 No. Blaney Avenue, Cupertino, California, a newspaper of general circulation, printed and p.blished every Thursday in the city of Cuper- tino, County of Santa Clara; and which news- paper has been adjudged a newspaper of gen- eral circulation by the Superior Court of the ~ty of Santa Clara, State of California, Case .ber 84048; that the notice of which the an- nexed is a printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: all in the year 19 ~. certify (or declare> under penalty of perjury that the foregoing is true and correct. Dated at Cupertino, California, this This space is for the County Clerk's Filing Stamp AD,~ 27-¢P PROOF OF PUBLICATION OF Not ice of Vacation of Easement City of C~mpbell NQ~r~E tS FITEREBY GIVEN that, pursuant to ReSOlution No. 5529, being a Re~olufion 6f intention to vacate, 'abandon and close to public usa~ those certain portions of tho~ cer- tain public' ~asements a~uate withi~ Lot No. 1 of Tract ~1o. 2568, situate within the City'of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 22nd day of January, 1979, by the City Council of the City of Campbell, the 26th day of FebflJ~, 1979, at the hour of 8:00 o'clock p.m. of said ~day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, Califo~nia, haVe been sat as the time and plaee for hearing all persons interested.' in said vacation ,or having objections thereto. Reference is hereby made to the, description, together with the map thereof, which is on file itt the officeof the city Clerk of thd City of Campbell at City'Hall for further particulars. Da~-~cl: January 22, 1979. /s/Phyllis O. Acker City Clerk Pub.: 2-1,8-79 2~CP ED ' J,~KS ,RING NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5529, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements situate within Lot No. 1 of Tract No. 2568, easements situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 22nd day of January, 1979, by the City Council, of the City of Campbell, the 26th day of February, 1979, at the hour of 8:00 o'clock P.M. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at City Hall for further particulars. , 1979 City Clerk NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5561, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements situate within Tract No. 6384, easements situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 26th day of March, 1979, by the City Council, of the City of Campbell, the 23rd day of April, 1979, at the hour of 8:00 o'clock P.M. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation/~having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at the City Hall for further particulars. Dated: January 23 , 1979 Phyllis O, Acker -s- City Clerk 77142 1/10/79 DESCRIPTION Portion of P. S. E. (Public Service Easement) Within Tract No. 6384 to be Abandoned All that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59° 45' East 18.00 feet; thence leaving said Northeasterly line South 30° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90° 00' 00" for an arc length of 28.27 feet and North 30° 15' East 38.00 feet to the POINT OF BEGINNING. Prepared January 10, 1979 by MARK THOMAS & CO. INC. ZI=90~ Z = 2~.Z7 pOLZA~D S£t~VIC£ £A$~MSAIT ABANDONM£HT PROPOSED = ABANDONMENT CONTAINS.O/? AC. EXHIBIT "A" oR. aY J P 1:£8, ~?~ CK. BY , 197 PREPARED BY THE OFFICE OF THE CITY ENGINEER .CAMPBELL, CALIFORNIA NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5529, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements situate within Lot No. 1 of Tract No. 2568, easements situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 22nd day of January, 1979, by the City Council, of the City of Campbell, the 26th day of February, 1979, at the hour of 8:00 o'clock P.M. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and the place for hearing all persons interested in said vacation having objections thereto. Reference is hereby made to the description, together with the m~ thereof, which is on file in the office of the City Clerk of the City of Campbell at City Hall for further particulars. Dated · 1979 City Clerk NOTICE OF VACATION OF EASEMENT NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5529, being a Resolution of Intention to vacate, abandon and close to public uses those certain portions of those certain public easements situate within Lot No. 1 of Tract No. 2568, situate within the City of Campbell, County of Santa Clara, State of California, passed upon and adopted on the 22nd day of January, 1979, by the City Council of the City of Campbell, the 26th day of February, 1979, at the hour of 8:00 o'clock p.m. of said day, at the City Council Chambers at City Hall, 75 North Central Avenue, Campbell, California, have been set as the time and place for hearing all persons interested in said vacation or having objections thereto. Reference is hereby made to the description, together with the map thereof, which is on file in the office of the City Clerk of the City of Campbell at City Hall for further particulars. Dated: ~'r~mh~4 2. 7~' , 1979. /s/ PHYLLIS O. ACKER City Clerk that, ,Resoluti~n No.,.5~9~ bei.~r~a'Re~lution Of Inte~ti~ ~ '~acate, ~n c~ ~ of t~ ~- ~n ~c' ~nm a~te ~in C°t.:No.:'l of T~ ~.' ~ ~tua~ ~thin t~ ~ra, Sram ,of ~ ~of.J~ua~, 19~, by f~ ~ty C~ncil ~ ~e Ci~ o[ ~l~'~e ~th' day of ~ 1~, at t~ h~r of 8:~ 'o'~ p.m. of ad a ~ ~ C~il Chairs ~ ~ ~, 75 ~oah Central ~ve~e, Ca~ll, ~lif~nia, ~'~n ~t u the t~ a~ ~e f~ ~r~fl afl "int~ ,in aid ~t~ or h~ ~ thoro. R~e~'is ~ey rode tO ~ ~.~ripti~, t~t~r ~ t~ ~ ~f, W~ is ~ fi~, h.:~ office of the Ci~ C~ ~ ~Ci~ of Camp~l at C~y ~! ~ furor ~iculars. /s/~ O. ~er ~ ~k 77142 1/10/79 RBP DESCRIPTION Portion of P. S. E. (Public Service Easement) Within Tract No. 63td~ to be Abandoned ~at certain real property situate ~n ~he ~%y o~ Campbell, County of Santa Clara, State of California described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59° 45' East 18.00 feet; thence leaving said Northeasterly line South 30° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90° 00' 00" for an arc length of 28.27 feet and North 30° 15' East 38.00 feet to the POINT OF BEGINNING. Prepared January 10, 1979 by MARK. THOMAS & CO. INC. $$7. O/ POLlArD PUBLIC S£t~V'1¢£ £A$£ME. tVT A~ANDONM£NT PROPOSED = ABANDONMENT CONTAINS, OI7 AC. EXHIBIT "A" CK. BY , 197 PREPARED BY THE OFFICE OF THE CITY ENGINEER CAMPBELL, CALIFORNIA 77142 1/lO/?9 RBP DESCRIPTION Portion of P. S. E. (Public Service Easement) Within Tract No. 6384 to be Abandoned Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California described as follows: BEGINNING at the most Northerly corner of Tract No. 6384 a Map of which was filed for record in Book 425 of Maps, at page 46, Santa Clara County Records; thence leaving said POINT OF BEGINNING along the Northeasterly line of Tract No. 6384 South 59° 45' East 18.00 feet; thence leaving said Northeasterly line South 30° 15' West 56.00 feet to a point on the Northwesterly line of said Tract; thence along said Northwesterly line the following courses and distances: from a tangent bearing of North 30° 15' East along a curve to the left with a radius of 18.00 feet through a central angle of 90° 00' 00" for an arc length of 28.27 feet and North 30° 15' East 38.00 feet to the POINT OF BEGINNING. Prepared January 10, 1979 by MARK_THOMAS & CO. INC. POLLARD ~OAD PUBLIC $£RVIC£ £A e,£ M£tV7 A SA NDONk/£ N T PROPOSED = ABANDONMENT CONTAINS.OIT AC. EXHIBIT "A" OR. aY J P ,FEB, ~Tt CK. BY ~ 197 PREPARED BY THE OFFICE OF THE CITY ENGINEER ,CAMPBELL, CALIFORNIA