Foote Ave. OF I AMPBI tt
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department: Public Works
October 25, 1983
Mr. Pete Condon
E. L. Martin Distributing
14960 Terreno de Flores
Los Gatos, CA 95030
SUBJECT: CLOSURE OF ACCESS EASEMENT
Dear Mr. Condon:
This is in reply to your inquiry regarding cars driving from Foote
Avenue to E1 Patio across the property you have leased.
Our records do not indicate that a right of way has ever been dedicated
for use by the general public in this area. Thus the City considers
this traveled way to be private property.
If you decide to physically close this private drive, we offer three
cautions.
First, since you are a lessee rather than the land owner, you should
ask your attorney if your lease gives you the right to close it.
Second, you should ask your attorney about access rights that may have
been granted by deed to nearby properties or acquired by pr~scription.
Third, if a physical barrier is erected, you must exercise extreme care
so as to avoid causing an accident. We suggest you consult a private
traffic engineer as well as your attorney before any work is done, in
order to reduce your exposure to liability in case of an accident.
Very truly yours,
Joseph Elliott
Director of Public Works
by James Penoyer
Engineering Technician
JP/le
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AFFIDAVIT OF POSTING NOTICE
OF PUBLIC SERVICE EASEMENT
VACATION
State of California
County of Santa Clara
SS.
I, Lynn M. Snyder, 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. 5902, being a Resolution of Intention to Vacate, passed upon
and adopted on the 25th day of August, 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 post-
ing was fully completed on the lOth day of September, 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 10th day of
september,.1980.
Lynn M. Snyder
Engineering Aide II
Notary Public in and for the County
of Santa Clara, State of California
PROOF OF PUBLICATION
(2015.5 C.C.P. )
STATE OF CALIFORNIA,
County of Santa Clara
! 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:
SKPT, ~,
all in the year 19 30
! certify ¢or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at Cupertino, California, this
3rd day of' Sept_- ,19 (]0.
This space is lot the County Clerk's
Filing Stamp
ADi!'- 4!5-g?
PROOF OF PUBLICATION OF
NOTICE OF VACATION OF E~SE~NT
· -NOTICE 01~ VACATION.~
OF EASEMENT ...
NOTICE tS HEREBY GIVEN
that, pursuant to Re~31ution
No. ~02,' berg a Re~31UtiOn of
Intention to.vacate certain
air easement Situate wflf~
Tract No. 89, said
situate within, fl~e' City of
Clara, State ', of California,
the.25th day of August,
by the Oty Coun(~ of'the Oty
of 8:00 o'clock p.m. of ~aid
day, at the City CoUncil Cham-
bers at. City Hall, 75 North Cen-
tral Avenue, Campbell, Cali*
all persons inte~ei~xl in said
thereto.
to the description, together
on file in the office of-the City
Clerk of the City of Campbell at
the City Hall for further particu-
lam.
Dated; August 2~, 1~80
/s/Phyllis O. Acker
Pub.: 9-3~10-80 416-CP
q_ ~o- to
NOTICE OF VACATION OF EASEMENT
NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5902,
being a Resolution of Intention to vacate certain portions of that
certa.in light and air easement situate within Tract No. 89, said
easement situate within the City of Campbell, County of Santa Clara,
State of California, passed upon and adopted on the 25th day of
August, 1980, by the City Council of the City of Campbell, the 22nd
day of September, 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: August 27, 1980
City Clerk
NOTICE OF VACATION OF EASEMENT
NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 5902,
being a Resolution of Intention to vacate certain portions of that
certa.in light and air easement situate within Tract No. 89, said
easement situate within the City of Campbell, County of Santa Clara,
State of California, passed upon and adopted on the 25th day of
August, 1980, by the City Council of the City of Campbell, the 22nd
day of September, 1980, at the hour of 8:00 o'clock p.m. of said day,
at thc 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:
August 27, 1980
City Clerk