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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