CC Resolution 10233
Recording Requested By:
City of Campbell
And When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA 95008
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APN: 403-10-036
Address: 1285 Westmont Avenue
(Space Above This Line for Recorder's Use)
RESOLUTION NO. 10233
Page 1 of 3
RESOLUTION NO.
10233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
V ACA TING EXCESS RIGHT-OF- WAY ON WESTMONT A VENUE
ADJACENT TO APN #403-10-036
WHEREAS, on August 7, 1990, the Santa Clara Valley Water District (SDVWD)
executed a Grant Deed conveying a certain 45 foot wide strip of land on the north side of
Westmont Avenue westerly of San Tomas Aquino Road to the City of Campbell for public street
purposes, reserving therefrom unto the Grantor, an easement to construct, reconstruct, inspect,
maintain and repair water pipelines and appurtenant structures upon, over, and across the above-
described land; and
WHEREAS, the City accepted the right-of-way; and
WHEREAS, the proposed vacation is consistent with the San Tomas Area Neighborhood
Plan, as amended by Resolution No. 9633, the General Plan, and the Westmont Avenue Street
Improvement Project No. 03-04; and
WHEREAS, there have been three similar vacations of excess right-of-way subsequent to
acquisition of the property from the SCVWD; and
WHEREAS, the SCVWD has agreed to the vacation of the excess right-of-way by the
City, directly to the adjacent property owners, based on the following conditions:
1. The vacated right-of-way will be encumbered by an easement in favor of the
SCVWD.
2. The City's conveyance document must indicate that the SCVWD will not
compensate the owner for damage or improvement costs, if the SCVWD needs to
enter the property to repair the pipeline.
3. No permanent improvements can be installed in the easement without a permit
from the SCVWD.
4. If the City sells the property, the proceeds shall be given to the SCVWD.
5. If the City collects a fee for processing the application for Vacation of Excess
Right-of-Way, one-half of the proceeds shall be given to the SCVWD.
6. The width of the street vacation should not exceed 15 feet.
7. The future street improvements should be constructed, as generally shown on the
attached Exhibit "A".
Page 2 of 3
WHEREAS, the property owner's have submitted a Lot Line Adjustment application to
be recorded concurrently with this Resolution; and
WHEREAS, this vacation is made pursuant to Chapter 4, Summary Vacation, of Part 3 of
Division 9 of the California Streets an Highway Code; and
WHEREAS, the property to be vacated is described on the attached Quitclaim Deed and
attachments, reserving therefrom a public service easement for the benefit of the City of
Campbell (and utility companies) and the existing pipeline easement for the benefit of the
SCVWD; prohibiting the installation of trees or placement of any structures including fences
within the easement without a permit from the SCVWD; allowing the SCVWD the right to
access, maintain, repair and/or replace the existing pipeline without compensation to the property
owner for damages or improvement costs over, under, and upon said property; and
WHEREAS, the property to be vacated constitutes excess street right-of-way not required
for street or highway purposes; and
WHEREAS, from and after this date that this resolution is recorded, the street portion or
portion thereof vacated, no longer constitutes a public street;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby vacate the excess right-of-way on Westmont Avenue adjacent to APN 403-10-036,
authorizes the Public Works Director to execute the necessary documents for vacation of this
excess right-of-way subject to recordation of a Lot Line Adjustment, and authorizes the City
Clerk to record this Resolution.
PASSED AND ADOPTED this 2nd
roll call vote:
day of September , 2003, by the following
AYES:
Councilmembers:
Watson, Kennedy, Dean, Burr, Furtado
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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Anne Bybee, City Clerk
Page 3 of 3
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