Hacienda Ave.RESOLUTION NO. 5902
BEING A RESOLUTION OF INTENTION OF THE CITY COUNC!L, CITY
OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
TO VACATE A PORTION OF THAT CERTAIN LIGHT AND AIR EASEHENT
WITHIN TRACT NO, 89, AND SETTING TIME AND PLACE FOR THE
HEARING THEREON AND GIVING NOTICE THEREOF
WHEREAS, the County of Santa Clara did, by virtue of that certain
map of Tract No. 89, filed May 29, 1939, in Book 3 of Maps at page 59,
in the office of the County Recorder of said County, acquire that cer-
tain light and air 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 of Campbell did acquire said light and air ease-
ment by Ordinance No. 4]5, Campbell Annexation San Tomas 1962-12, dated
March 25, 1963; and,
WHEREAS, the City Council of said City of Campbel] does find, de-
termine and affirm that a portion of said light and air easement has
not been used for the purpose for which it was dedicated; and,
WHEREAS the City Codncil does find, determine and affirm that said
position of said easement is not necessary for any present or prospec-
tive 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 l, 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 light and air 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 Monday, September 22, 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-
lished 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 the City of Campbell, and that notices of said
easement vacation 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 vaca-
tion.
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:
A strip of land 25.00 feet wide lying northerly
of the following described line:
BEGINNING at the intersection of a westerly line
of Lot 9 with the "Building Line" as said lot and
building line are shown on that certain map of
Tract No. 89, a copy of which was filed for
record in the office of the Recorder of the County
of Santa Clara on May 29, 1939, in Book 3 of Maps
at page 59;
THENCE, North 83° OO' 50" East, along said building
line 505.22 feet to the easterly line of that cer-
tain parcel of land conveyed to Leslie A. Orford by
deed filed in Book 1302 of Santa Clara County Official
Records at page 119;
Shortening the northerly line of said easement so as
to terminate at the property lines of said Lot 9 and
Orford parcel.
PASSED AND ADOPTED this 25th
1980, by the following vote:
day of August ,
AYES: Councilmen: Paul, Doets. ch, Chamberlin, Podgorsek, Hammer
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Russell J. Hammer Mayor
ATTEST:
Phyllis 0. Acker City Clerk
CITY LilVlIT~ Z/Mi
'/. p Z IN£
PROPOSED
ABANDONMENT
EXHIBIT "A"
DR. BY .J P AI)40$~', 19SO
CK. BY , 197
PREPARED BY THE OFFICE
OF THE CITY ENGINEER
CAMPBELL, CALIFORNIA
AFFIDAVIT OF POSTING
NOTICE OF PUBLIC STREET VACATION
State of California )
)
County of Santa Clara )
I, ~ames Penoyer , being first duly sworn, deposes and says:
That I am a citizen of the United States of America and am over twenty-one
years of age;
That for and on behalf of the City Clerk of the City of Campbell I posted
Notice of Vacation of Public Street pursuant to Resolution No. 5739, being
a Resolution of Intention to vacate, passed upon and adopted on the llth
day of February, 1980, by the City Council of said City of Campbell;
That said Notices of vacation of Public Street were posted along the lines
of portion of the street where such is proposed to be vacated at not more
than three hundred (300) feet and that not less than three (3) such notices
wer$ posted, and that said posting was fully completed on the ~l?~ay of
~~t~ 1~¢D , and that a copy of said notice is hereto attached,
and by reference made a part hereof.
Subscribed and sworn to before me
this ~ day of ~~
1980.'' ~
Notary Public in and for the County
of Santa Clara, State of California
My Commission expires
~~czc / , 19 ~2 .
State of California )
)
County of Santa Clara )
AFFIDAVIT OF POSTING
NOTICE OF PUBLIC STREET VACATION
I, James Penoyer
, being first duly sworn, deposes and says:
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 Public Street pursuant to Resolution No. 5792, being a Resolution of
Intention to vacate, passed upon and adopted on the 28th day of April, 1980, by the
City Council of said City of Campbell;
That said Notices of vacation of Public Street were posted along the lines of portion
of the street where such is proposed to be vacated at not more than three hundred (300)
feet and that not less than three (3) such notices were posted, and that said posting
was fully completed on the 17th day of May~ 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 ~/~ day
of ~'i
1980'
Notary Public in and for the County
of Santa Clara, State of California
My Commission expires
CITY OF CAMPBEL~
?0 i'~for~h First Street"
Campbell, California 95008
TO BE RECORDED WITHOUT FEE
SECTION 6103 GOVER:~,V,E,,'T CODE
AT THE REQUEST OF CITY OF CA,V~PI~ELL
RESOLUTION NO. 6805
$17Z157
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 THAT
CERTAIN PUBLIC STREET KNOWN AS HACIENDA AVENUE
SA~TACLARA~,~ .....
~E3RCE A. MA~N
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, of
the Streets and Highways Code of the State of California, did heretofore,
on the 17th day of July, 1984, pass upon and adopt its Resolution of
Intention to vacate a certain portion of Hacienda Avenue, a public street
in the City of Campbell, being Resolution No. 6779; and
WHEREAS, the hour of 7:30 p.m. of this 21st day of August, 1984, in the
Council Chamber at City Hall, 70 North First Street, Campbell, California,
are the time and place set for hearing all persons interested in or having
objections to said proposed vacation; and
WHEREAS, the City Council of said City of Campbell finds and determines
from the evidence submitted that the portion of Hacienda 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 por-
tion of said Hacienda Avenue is 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:
A portion of Hacienda Avenue (formerly Allendale Avenue) as
shown on that certain map of Tract No. IIO4, a copy of which
was filed in the office of the Santa Clara County Recorder on
November 24, 1984, in Book 46 of Maps at page 32, and more
particularly described as follows:
Parcel I
BEGINNING at the most westerly corner of Lot I of said Tract
No. 1104;
THENCE North 15° 56' West along the northerly extension of the
westerly line of said lot 1, a distance of 15.02 feet;
1 of 3
THENCE North 76° 45' East parallel with the centerline of said
Hacienda Avenue, and distant therefrom 30.00 feet, a distance
of 88.92 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of 87° 19', with a radius of 20.00
feet, an arc length of 30.48 feet~
THENCE South 15° 56' East, along a line tangent to last said
curve, a distance of 15.O2 feet, to a point of cusp;
THENCE reversing directions, along a curve to the left that is
tangent to a line that bears North 15° 56' West, through a
central angle of 87° 19', with a radius of 20.00 feet, an arc
length of 30.48 feet, to a point of tangency;
THENCE South 76° 45' West, a distance of 88.92 feet, to the
POINT OF BEGINNING:
CONTAINING an area of 1,620 square feet, more or less.
Parcel 2
BEGINNING at the most southerly corner of Lot 8 of said Tract
No. 1104;
THENCE North 15° 56' West along the easterly line of Freda
Court, 116.O2 feet to the True Point of Beginning of this
description;
THENCE North 15° 56' West along the northerly extension of
said easterly line of Freda Court, 15.O2 feet;
THENCE along a tangent curve to the right, concave south-
easterly, through a central angle of 92v 41', with a radius
of 20.00 feet, an arc length of 32.35 feet;
THENCE North 76° 45' East, tangent to last said curve, parallel
to the centerline of said Hacienda Avenue and 30.00 feet there-
from, a distance of 212.O9 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of 87° 25', with a radius of 20.00
feet, an arc length of 30.51 feet;
THENCE South 15° 50' East, along the northerly prolongation of
the easterly line of Lot 9, as shown on said map of Tract 1104,
a distance of 15.02 feet to a point of cusp;
2of 3
THENCE reversing directions, along a curve to the left that is
tangent to a line that bears North 15° 50' West, through a cen-
tral angle of 87° 25', with a radius of 20.00 feet, an arc
length of 30.51 feet;
THENCE South 76° 45' West, along a tangent to last said curve,
212.O7 feet;
THENCE along a tangent curve to the left, concave southeasterly,
through a central angle of 92° 41', with a radius of 20.00 feet,
an arc length of 32.35 feet, to the TRUE POINT OF BEGINNING:
CONTAINING an area of 3,783 square feet, more or less.
PASSED AND ADOPTED this 21st
1984, by the following vote:
day of August ,
AYES: Councilmen: Ch~mberlin, Ashworth, Kotowski, Podgorsek, Doetsch
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
l~.~lpT~ I~:~et$¢h, ~., / Mayor
ATTEST:
A~ne G. {;o~ne, Ci t~ Clerk
3of 3
THE FOREGOING INSTRUMENT IS A TRUI~
AND CORRECT COPY OF THE ORIGINAL
C::N !ILE I,,I IH'.S C, hFICE
ATTEST: ANNE G. COY,~4E, CiTY CLERK
1333 Lawrence Expressway, Su.~300
Santa Clara, Cahforma 95051
PACIFICQ BELL
A Pacific Telesis Company
December 17, 1985
James Penoyer
City of Campbell
70 North First Street
Campbell, CA 95008
RECEIVED
DE 0 2 6 1985
P,.,[CLIC WORKS
ENGINEERING
RE:
RESOLUTION NO. 68~5
VACATION OF A PORTION OF HACIENDA AVENUE
Dear Mr. Penoyer:
Pacific Bell recently learned that resolution No. 6805 was
passed, on the 17th day of July, 1984, by the City Council to
vacate a certain portion of Hacienda Avenue between Harriet
Avenue and Del Loma Drive in the City of Campbell, County of
Santa Clara, State of California. Major underground
communication facilities are located within that portion of the
above-mentioned road which must be retained for service to the
area and beyond.
The resolution should not have been passed without a reply from
Pacific Bell, either concurring with the proceedings or
requesting a reservation of rights for its facilities. This
company would have requested the fol lowing language be
incorporated in any resolution or ordinance of vacation over a
portion of that certain public street known as Hacienda Avenue.
"EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE
PROVISIONS OF Section 8340 of the Street and Highways
Code and for the benefit of Pacific Bell, the permanent
easement and the right at any time or from time to time
to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cable, wires,
poles and other convenient structures, equipment and
fixtures for the operation of telegraphic and telephone
lines and other communication facilities, including
access and the right to keep the property free from
inflammable materials and wood growth, and otherwise
protect the same from all hazards, in, upon, over and
across that portion of Hacienda Avenue or part
thereof."
The property owner, Mr. Tersigni, has contacted this office and
requested Pacific Bell to relocate its facilities. The trespass
situation was not created by Pacific Bell and therefore assumes
no liability for relocation. An attempt to mitigate the
situation was made by showing Mr. Tersigni that Pacific Bell's
facilities will be located within a "10' P.S.E." (Public Service
Easement) as shown on a parcel map to be recorded in the near
future. Pacific Bell requests the City of Campbell to provide
protection for its facilities.
Should you have any questions, please call me at 408-554-3566.
Yours truly,
P. H. Walde
Public Works Coordinator
File: CMBL1.3
cc: A. Mangano
J. Tersigni
VACATION OF A PORTION OF HACIENDA AVENUE
RECOMMENDATION: That the City Council adopt a resolution vacating a
portion of Hacienda Avenue.
DISCUSSION: On July 17 the City Council adopted a resolution of inten-
tion to vacate a portion of Hacienda Avenue, setting a time and place for
a public hearing. The public hearing was scheduled for the Council meet-
ing of August 21 and it would therefore be appropriate for the City Council
to open the public hearing, take testimony, and then take action on the
attached resolution.
As indicated in the staff report that was a part of the July 17 agenda,
an excessive amount of street dedication was acquired on Hacienda Avenue
as part of a subdivision that occurred in 1953. That right-of-way is no
longer required and in response to requests from adjacent property owners
that the land be vacated, the staff has prepared the vacation documents
for tonight's public hearing.
COST: -0-
I:~PAR~D IY' Public Works
August 21, 1984
RESOLUTION NO.
BEING A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, VACATING A PORTION OF THAT
CERTAIN PUBLIC STREET KNOWN AS HACIENDA AVENUE
WHEREAS, the City Council,of the City of Campbell, County of Santa Clara,
State of California, pursuant to the provisions of Division 9, Part.3, of
the Streets and Highways Code of the. State of California, did heretofore,
on the 17th day ef July, 1984, pass upon and adopt its Resolution of
Intention to vacate a certain portion of Hacienda Avenue, a public street
in the City of Campbell, being Resolution No. 6779; and
WHEREAS, the hour of 7:30 p.m. of this 21st day of August, 1984, in the
Council Chamber at City Hall, 70 North First Street, Campbell, California,
are the time and place set for hearing all persons interested in or having
objections to said proposed vacation; and
WHEREAS, the City Council of said City of Campbell finds and determines
from the evidence submitted that the portion of Hacienda 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 por-
tion of said Hacienda Avenue is 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:
A portion of Hacienda Avenue (formerly Allendale Avenue) as
sho~n on that certain map of Tract No. 1104, a copy of which
was filed in the office of the Santa Clara County Recorder on
November 24, 1984, in Book 46 of Maps at page 32, and more
particularly described as follows:
Parcel 1
BEGINNING at the most westerly corner of Lot 1 of said Tract
No. !104;
THENCE North 15° 56~ West along the northerly extension of the
westerly line of said Lot 1, a distance of 15.02 feet;
1 of 3
THENCE North 76° q5~ East parallel with the centerllne of said
Hacienda Avenue, and distant therefrom 30.00 feet, a distance
of 88.92 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of'8?° 19~, with a radius of 20.00
feet, an arc length of 30.q8 feet;
THENCE South 15° 56' East, along a line tangent to last said
curve, a distance of 15.02 feet, to a point of cusp;
THENCE reversing directions, along a ~urve to the left that is
tangent to a line that bears North 15v 56~ West, through a
central angle of 87° 19~, with a radius of 20.00 feet, an arc
length of 30.q8 feet, to a point of tangency;
THENCE South 76° qS' West, a distance of 88.92 feet, to the
POINT OF BEGINNING:
CONTAINING an area of 1,620 square feet, more or less.
Parcel 2
BEGINNING at the most southerly corner of Lot 8 of said Tract
No. 110h;
THENCE North 15° 56' West along the easterly line of Freda
Court, 116.02 feet to the True Point of Beginning of this
description;
THENCE North 15° 56~ West along the northerly extension of
said easterly line of Freda Court, 15.02 feet;
THENCE along a tangent curve to the right, concave south- o
easterly, through a central angle of 92 ql', with a radius
of 20.00 feet, an arc length of 32.35 feet;
THENCE North 76° qS' East, tangent to last said curve, parallel
to the centerline of said Hacienda Avenue and 30.00 feet there-
from, a distance of 212.09 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of 87° 25', with a radius of 20.00
feet, an arc length of 30.51 feet;
THENCE South 15° 50~ East, along the northerly prolongation of
the easterly line of Lot 9, as shown on said map of Tract 110h,
a distance of 15.02 feet to a point of cusp;
2of3
THENCE reversing directions, along a curve to the left that is
tangent to a line that bears North 15° 50' West, through a cen-
tral angle of 87° 25', with a radius of 20.00 feet, an arc
length of 30.51 feet;
THENCE South 76° qS' West, along a tangent to last said curve,
212.O7 feet;
THENCE along a tangent curve ~o the left, concave southeasterly,
through a central angle of 92 ql', with a radius of 20.00 feet,
an arc length of 32.35 feet, to the TRUE POINT OF BEGINNING:
CONTAINING an area of 3,783 square feet, more or less.
PASSED AND ADOPTED this
1984, by the following vote:
day of ,
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
APPROVED:
Ma yo r
ATTEST:
Anne G. Coyne, C~|ty Clerk
3 of 3
NOTICE OF VACATION OF PUBLIC STREET
NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 6779, being
a Resolution of Intention to vacate a certain portion of that certain
street known as Hacienda Avenue to public use, being a public street
within the City of Campbell, County of Santa Clara, State of California,
passed and adopted on the 17th day of July, 1984, by the City Council of
the City of Campbell, and that the 21st day of August, 1984, at the hour
of 7:30 p.m. of said day, at the City Council Chamber at City Hall, 70
North First Street, Campbell, California, has been set as the time and
place for hearing all persons interested in said vacation or having ob-
jections 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: August 6, 1984
Anne G. Coyne, City Clerk
RESOLUTION NO. 6779
BEING A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF CAHPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
TO VACATE A PORTION OF THAT CERTAIN STREET KNOWN AS HACIENDA
AVENUE, BEING A PUBLIC STREET WITHIN SAID CITY, AND SETTING
A TIHE AND PLACE OF THE HEARING THEREON AND GIVING NOTICE
THEREOF
WHEREAS, the Superintendent of Streets of the City of Campbell has sub-
mitted a report to this City Council stating that a certain portion of
Hacienda Avenue, hereinafter described, is 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 portion of Hacienda Avenue, a public street in the
City of Campbell, a map and description of which portion are on file in
the office of the City Clerk of the City of Campbell, at City Hall, 70
North First Street, Campbell, California, is 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 portion of Hacienda 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, of the
Streets and Highways Code of the State of California, known as Public
Streets, Highways, and Service Easements Vacation Law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAHPBELL DOES ORDAIN AS
FOLLOWS:
Section One: That it is the intention of the City Council of the City
of Campbell to vacate, abandon and close to public use that certain
portion of Hacienda Avenue, being a public street in said City, a map
and description of which portion are on file in the office of the City
Clerk of the City of Campbell, at ~ity Hall, 70 North First Street,
Campbell, California, reference to which map and description is hereby
made for further particulars.
Section Two: Notice is hereby given that Tuesday, the 21st day of
August, 1984, at the hour of 7:30 o'clock p.m. of said day, in the City
Council Chamber at the City Hall, at 70 North First Street, Campbell,
California, is hereby set as the time and the place for hearing all
persons interested in or having objections to said proposed vacation.
1 of 2
Section Three: IT IS HEREBY ORDERED AND DIRECTED that a copy of this
Resolution of Intention be published not less than ten (10) days prior
to the date of the hearing, and that Notices of Public Street Vacation
be posted conspicuously along the lines oF the street or part thereof
proposed to be vacated at least two (2) weeks 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 vacation.
PASSED AND ADOPTED this 17th day of
1984, by the following vote:
July
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Chamberlin, Ashworth, Kotowski, Podgorsek, Doetsch
None
None
APPROVED:
-l~all~' Doet[ch, Sr., - I~or
ATTEST:
An& ne ,~C ;~~
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRal;CT COP? OF THE ORIGINAL
07J FILE lxl '7;i',50FFfC:L
2of2
HAR R IRT ° TPu~CT I,~ 1104
- ~
IOAc
TRACT Ne ~OII
DEL LOMA DR.
EXHIBIT A
All that certain real property situate in the City of Campbell,
County of Santa Clara, State of California, described as follows:
A portion of Hacienda Avenue (formerly Allendale Avenue) as
shown on that certain map of Tract No. 1104, a copy of which
was filed in the office of the Santa Clara County Recorder on
November 24, 1984, in Book 46 of Maps at page 32, and more
particularly described as follows:
Parcel 1
BEGINNING at the most westerly corner of Lot 1 of said Tract
No. 1104;
THENCE North 15° 56' West along the northerly extension of the
westerly line of said Lot I, a distance of 15.O2 feet;
THENCE North 76° 45' East parallel with the centerline of said
Hacienda Avenue, and distant therefrom 30.00 feet, a distance
of 88.92 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of'87° 19', with a radius of 20.00
feet, an arc length of 30.48 feet;
THENCE South 15° 56' East, along a line tangent to last said
curve, a distance of 15.O2 feet, to a point of cusp;
THENCE reversing directions, along a curve to the left that is
tangent to a line that bears North 15° 56' West, through a
central angle of 87° 19', with a radius of 20.00 feet, an arc
length of 30.48 feet, to a point of tangency;
THENCE South 76° 45' West, a distance of 88.92 feet, to the
POINT OF BEGINNING:
CONTAINING an area of 1,620 square feet, more or less.
Parcel 2
BEGINNING at the most southerly corner of Lot 8 of said Tract
No. 1104;
THENCE North 15° 56' West along the easterly line of Freda
Court, 116.02 feet to the True Point of Beginning of this
description;
THENCE North 15° 56' West along the northerly extension of
said easterly line of Freda Court, 15.02 feet;
THENCE along a tangent curve to the right, concave south-
easterly, through a central angle of 92v 41', with a radius
of 20.00 feet, an arc length of 32.35 feet;
THENCE North 76° 45' East, tangent to last said curve, parallel
to the centerline of said Hacienda Avenue and 30.00 feet there-
from, a distance of 212.09 feet;
THENCE along a tangent curve to the right, concave southerly,
through a central angle of 87° 25', with a radius of 20.00
feet, an arc length of 30.51 feet;
THENCE South 15° 50' East, along the northerly prolongation of
the easterly line of Lot 9, as shown on said map of Tract 1104,
a distance of 15.02 feet to a point of cusp;
THENCE reversing directions, along a curve to the left that is
tangent to a line that bears North 15° 50' West, through a cen-
tral angle of 87° 25', with a radius of 20.00 feet, an arc
length of 30.51 feet;
THENCE South 76° 45' West, along a tangent to last said curve,
212.07 feet;
THENCE along a tangent curve to the left, concave southeasterly,
through a central angle of 92° 41', with a radius of 20.00 feet,
an arc length of 32.35 feet, to the TRUE POINT OF BEGINNING:
CONTAINING an area of 3,783 square feet, more or less.
AFFIDAVIT OF POSTING
NOTICE OF PUBLIC STREET VACATION
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA )
I, James Penoyer, being first duly sworn, deposes and says:
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 Public Street Vacation pursuant to Resolution 6779, being
a Resolution of Intention to vacate, passed upon and adopted on the 17th
day of July, 1984, by the City Council of said City of Campbell.
That said Notices of Vacation of Public Street were posted along the
lines of a portion of the street where such is proposed to be vacated at
not more than three hundred (300) feet and that not less than three (3)
such notices were posted, and that said posting was fully completed on the
~ _ day of , 1984, and that a copy of said
notice ~s hereto att reference made a part hereof.
Subscribed and sworn before me
this ,~ day of C~j~j.~
1984.
Notary Public ~n and for the County of
Santa Clara, State of California
My Commission expires
,~J ~'~.. _-~',,~,~ CHARLENE M CASE
~~ My comm. expires ~T ], i98Z
RESOLUTION OF INTENTION TO ABANDON A PORTION OF HACIENDA AVENUE, AND
SETTING THE TIME AND DATE FOR A PUBLIC HEARING
RECOMMENDATION: That the City Council adopt a resolution of intention
to vacate a portion of Hacienda Avenue and setting a time and place for
a public hearing.
DISCUSSION: In 1953 a tract, No. ll04, was approved by the County of
Santa Clara for a subdivision at the southwest corner of Harriet Avenue
and Hacienda Avenue. The required dedication on the Hacienda frontage
provided a half-street right-of-way of 45 feet based on a planned
alignment of 90 feet total right-of-way. The 90-foot right-of-way was
predicated upon the planned extension of Hacienda Avenue as a four-lane
facility in this area.
Subsequently, it has been determined that it would not be appropriate
to extend Hacienda Avenue westerly of Harriet in excess of a two-lane
roadway facility. It would therefore be appropriate to abandon the
excess additional right-of-way that was required as a condition of
the filing of the tract map for Tract No. 1104.
Property owners within that tract have expressed an interest in
acquiring that excess right-of-way to be added to their properties,
and the staff therefore recommends that vacation proceedings be
initiated at this time.
The adoption of the resolution proposed by staff at this time would set
a public hearing for August 21 in order that the Council could take
action upon the proposed vacation, as shown on the attached plat and
accompanying legal description.
COST: -0-
P~:~M~:D ~'PUBLIC WORKS ~ July 1 .84
MEMORANDUM
~t
CITY OFCAMPBELL
Gill Cable
A division of Gill Industries
1302 North Fourth Street
San Jose, California 95112
(408) 998-7333
June 27, 1984
City of Campbell
75 North Central Ave.
Campbell, Ca 95008
Subject: Abandonment Hacienda Ave between Del loma and Harriet Ave.
(I-15-1)
ATTN: Jim Penoyer
Dear Mr. Penoyer
Gill Cable has reviewed the plan and agrees to the abandonment
as described.
If you require any further information please contact me at
998-7333, extension 240.
eve~-
System Design & Construction
GTA/jc
Enclosure
PACIFIC
June 26, 1984
GAS AND ELECTt{IC COMPANY
111 ALMADEN BOULEVARD · P.O. BOX 15005 · SAN JOSE, CALIFORNIA 95115-0005 · (408) 298-3333
City of Campbell
Department of Public Works
75 North Central Avenue
Campbell, CA 95008
Attention:
Mr. Jim Penoyer
Proposed abandonment of portion of Hacienda
Avenue between Harriet Avenue and Del Loma
Drive, Tract No. 1104, City of Campbell,
County of Santa Clara.
Gentlemen:
Our File 641
In response to your recent request, this Company has no objections, and hereby
consents, to the abandonment of the portion of Hacienda Avenue at the subject
location as shown in red on the attached map.
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. David L. Barrientos of our Land Department, at the letterhead address,
telephone extension 401.
Thank you for this opportunity to be of service.
Sincerely,
L. E. ENGLUND ~
Division Land Supervisor
Attachment
HAR R lET
Pro/~osed 15' w'icfe
SCALE
60'
TRACT ~ 1104
1118S ' 7~
9
FREDA COURT
~22'7
J 2 3
TRACT Ne SOil
DEL LOMA DR.
1414
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 21, 1984
City of Campbell
Public Works Department
70 North First Street
Campbell, CA 95008
Attention:
James Penoyer
Engineering Technician
RE
City of Campbell
Right-of-Way Abandonment
Hacienda Avenue between
Harriet and Del Loma Drive
Dear Mr. Penoyer
The only comments we can offer are, parcels 09 and 08 should
have 4-inch building sewer cleanouts to the surface at the edge
of the right-of-way abandonment. If the property owner's plan
changes within the abandonment, the cleanouts should be main-
tained at surface and exposed. Parcel 03 is an older permit
and may not have a cleanout at surface.
Very truly yours
Stephen H. Goodman
Assistant Manager and Engineer
By Robert L. Moehle
Engineering Services
RLM:ph
Public Works
June 13, 1984
Gentlemen:
The City of Campbell has been asked to abandon a portion of Hacienda
Avenue between Harriet Avenue and Del Loma Drive. The area being
considered is shown in crosshatch on the attached sketch.
When Tract No. ll04 was developed, Hacienda was proposed to be 90
feet wide. Currently it is planned to be 60 feet wide. Conse-
quently we are disposed to look favorably upon this request.
We are inviting comments from all the public utilities before taking
any official action on the request. Your early response would be
appreciated so that we can handle this matter in a timely fashion.
Sincerely,
Joseph Elliott
Director of Public Works
Jim Penoyer
Engineering Technician
JP:mt
SENT TO:
PG&E
ATTi.i: Mr.~.~.'" Kingsbury
111 Almadeil Blvd.
San Jose, C,q 95198
Paci fi c Tel epilone
ATTN: ~r. T.J. Scully
2 N. Second St., ~m.. 675
San Jose~ ~'
~,, 95113
Gill Cable
ATTN: Gary Azevedo
1302 N. Fourtil St.
San Jose, CA 95112
Co. Sanitation Dist. No.4
~TTN: !.Ir. 2obert Moehle
100 E. Sunnyoaks Ave.
Campbell, CA 95002
Pro. os e c~ 15 ' vricfe
HARRIET
TRACT I,~ 1104
11185
76 I 76
I'REDA COURT
~0! gg
111'4
5
~ I I
i
&o I ~s ~.~ 4~; 4~ I
TRACT 149 ~011
DEL LOMA DR.
Joseph Elliot
Director of Public Works
City of Campbell
Dear Sir :
We, the undersined, owners of three adjacent land
located at Hacienda Avenue and Freda Court which was ex-
propriated by the City Government for the purpose of widen-
ing the road at Hacienda Avenue last 28 years ago, but has
not done so,and for which we have been paying our taxes,
therefore, and further that it appearing that the Govern-
ment has already abondoned the orignal plan of widening
the said road, respectfully request that in the name of
justice and fairness, the said land be now retuned for the
use and enjoyment of the undersigned owners.
Done in the City of Campbell this 24th day of May,
1984.
DAVID McCU~Y
1292 Freda Ct, Campbell
CA 950O8
//'
$~91 Freda Ct., Campbell
CA 95008
E TERSIGN~
1295 Harriet Avenue, Campbell
CA 95008
We, the unders%gned, join in requesting the
vacation of easements on Hacienda Avenue at
Freda Court, Campbell, CA
NOTICE OF VACATION OF PUBLIC STREET
NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 6779, being
a Resolution of Intention to vacate a certain portion of that certain
street known as Hacienda Avenue to public use, being a public street
within the City of Campbell, County of Santa Clara, State of California,
passed and adopted on the 17th day of July, 1984, by the City Council of
the City of Campbell, and that the 21st day of August, 1984, at the hour
of 7:30 p.m. of said day, at the City Council Chamber at City Hall, 70
North First Street, Campbell, California, has been set as the time and
place for hearing all persons interested in said vacation or having ob-
jections 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: August 6, 1984
Anne G. Coyne, City Clerk
ciTY CLERK ~
PLEASE COCCECT AM~ RECE I PT
~OR THE FOLLO~ I N~ ~ I ES
.V/. FILE, NO.
ACCT,
3372
3370
3372
3372
3372
3372
3372
q- 3372_
3372
3372
3395
3373
3373
3373
3372
3373
3521
3521
3521
3520
3510
I
PRELIMINARY ENVIROI'4dENTAL IMPACT REPORT FEE ($200)
STORM DRAINAGE AREA FEE PER ACRE: (R-I, SI. 875 ~
MULTI-RES., S2,060~ ALL OTHER,. $2,250)
PLAN EXAM I NAT ! OIq AND CONSTRUCT I OIq INSPECT 1 O1%i FEE
(7% oF VALUE)
TENTATIVE PARC:EL MAP FILING FEE ($250)
TENTATIVE TRACT MAP FILING FEE {$240)
FINAL PARCEL MAP FILING FEE ($230)
FINAL ~RACT MAP FILI~ FEE ($230)
VACATIOfq oF PUBLIC STREETS ~ EASEMENTS ($380)
ASSESSMENT SEGREGATION OR REAPPORTI~ENT .( $350
FOR FIRST PLUS. S! l0 EACH ADDITIOIqAI.)
LOT LINE ADJUSTMENT FEE/CERTIFICATE oF COI~LIANCE (S250)
PARK DEDICATION IN-LIEU FEE PER UNIT (S!,012.00+_)
COPIES OF ENGIIqEERING MAPS Al%ED pLAI~5 (S.50 PER ~O. FT. )
WOR~ AREA TRAFFIC CONTROL ~ (S2)~ ADDITIONAL ($1 .S0)
PROJECT PLANS AND SPECIFICATIONS (S10)
EXCAVATIOf~ PEFIMIT APPLICATION FEE ( S35 )
G£NERAL CONDITIONS, STD. pROVISIOf~; & DETAILS
($10; OR SI/F~)
CASH DEPOE; ! T
FAITHFUL pERF~E DEPOSIT
MAINTENANCE BCA~E) DEPOSIT
FIRE HYDRAI~rl' MAINTElqAJ%K:E ($195/EA)
POSTAGE
OTHER
TOTAL
NAME
ADDRESS
z,P
FOR
C I TY CLERK:
OILILY
RECE,PT NO. <~ ~/~3 0 /
~ PAID ~ ~) (~ 0--'0
RECE I VED BY
JULY 1983