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CC Resolution 9585 RESOLUTION NO. 9585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL V ACA TING EXCESS RIGHT -OF- WAY ON WESTMONT AVENUE WESTERLY OF CROCKETT AVENUE WHEREAS, ON August 7, 1990, the Santa Clara Valley Water District (SCVWD) 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 SCVWD flood control easement to the City of Campbell for purpose street purposes; and WHEREAS, the City accepted the right-of-way which was consistent with the long range plans for Westmont Avenue; and WHEREAS, the City's subsequent adoption of the San Tomas Area Neighborhood Plan which classified Westmont Avenue from San Tomas Aquino Road to Harriet Avenue as a minor collector street and revised the long range plans for Westmont Avenue to be a 28 foot half street right-of-way, resulted in an excess street right-of-way of 17 feet maximum; and WHEREAS, there have been several inquiries from current and potential land owners requesting the vacation of the excess street right-of-way; 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 should 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 should 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 "B." WHEREAS, this vacation is made pursuant to Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Streets and Highway Code; and WHEREAS, the property to be vacated is described on the attached legal description and shown on the attached plat "Exhibit A" reserving therefrom a public use/public utility easement for the benefit of the City of Campbell 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 4032-10-069, authorizing the Public Works Director to execute the necessary documents for vacation of this excess right-of-way, and authorizes the City Clerk to record this resolution. PASSED AND ADOPTED this 21'1 day of September, 1999, by the following roll call vote: AYES: Councilmembers: Watson, Dougherty, Dean, Kennedy, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ~~o~~l ~J CuJ1~ EXHIBIT A PLAT MAP STREET VACATION 1113 CROCKETT AVENUE APN 403-10-069 CAMPBELL, CALIFORNIA I j UNDERWOOD & ROSENBLUM I CML ENGINEERS AND SURVEYORS j 1370 Vander Way Ste. B San ~. Ca. 95112 Tel No. (408) 971 1454 FAX No. (408) 971 1486 I JOBI 98036 AUGUST 1999 LANDS OF GARAGOZZO AND MOVASSATE PARCEL ONE DOC. 14319564 RECORDED AUGUST 5,1998 , , , , , ,f I , I 1#=40. I! ~ ' ' -----~;+- O? I ~ ~I J....,:=> ...." oZ · I 0 ~g, I :;JI~ f;: : Sf l~~ J " , f-f, I 16' ~ I : ~ I $' I 20' C.) , 0 ' / I , / I ~ I - " I , , , PORllON OF INST. 11 0656454 RECORDED I 9/17/90 I I hI , I /~Q::- L==26.36' ~ ./' R-20.00' :------... ; 0==75'31'21- 01. --1-- - - -- -- f=----------~.2".:~!!--------- , f:i ij~ ~ r,...: ~f~ ~~ ~ k;:.-38:~--------------- ~: 1.72' rn ~ I ll)J d' if r, ~i , , ------ ...--- <.H _--------- 0 --;;r--- ~ _--------;~;;-~~~-;~~RB '05'00"~SJS~LB~~N~SJ ~~ - 241.09 -------- WESTMONT A VENUE ---- ---- -- [ill] UNDERWOOD & ROS~BLUM CIVIL ENGINEERS AND SURVEYORS 1370 Vander Way, Suite B, San Jose, CA 95112 Tel No. (408) 971-1454 FAX No. (408) 971-1486 LEGAL DESCRIPTION 98036 August 13, 1999 All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Being a portion of the northerly 15 foot wide strip of the 45 foot wide parcel of land granted to the City of Campbell and as described in that certain Grant Deed recorded September 17, 1990 in instrument 10656454 in the Office of the Santa Clara County Recorder, and being more particularly described as follows: Beginning at the most southwesterly corner of that certain parcel of land described as Parcel One in that certain Grant Deed recorded August 5, 1998 in document 14319564, Santa Clara County Records, said pOint of Beginning being also a point on the northerly line of said 45 foot wide strip granted to the City of Campbell; Thence, along said northerly line, N. 83005' 00" E., 226.27 feet; Thence, along a non-tangent 20 foot radius circular curve to the right, concave to the northwest, from a tangent bearing of N. 70 33' 39" E., through a central angle of 750 31' 21 ", an arc distance of 26.36 feet to a point on a line drawn parallel with and distant 15.00 feet southerly, measured at right angles, from said northerly line; Thence, along said parallel line, S. 830 05' 00" W., 209.87'; Thence, N. 4014' 33" E., 15.29' to the Point of Beginning of the parcel being herein described. Containing 0.0767 acres (3341 square feet) of land, more or less. (Ldwestmcrock) SHEET 1 OF 2 .:/ / -. I. 2 P ~I; ~ . -Ill )( 0 · II III /. 2 Ol::i : }- Olt- II II o r 1110 II II [ll ~;';';-;';:;:;';';';';';':';I: ::;.;:::;.-.::;.;.;.::;:;.;.- 1 I L_ I ""'''''5<: ,. "'. I v.:.c..l. ':"ION (1='.5':' .:.NO SC'~ ~EM5N':" ~~ .l.1NG:)J o 5.00' 5IC~.:.wc: ~ - . EXHIBIT B 18.00" S~;;:- W/::-':"l-i (;.;~= S~~ J :ro.CO' -:c:~;..-~ ~ ~~ (...,AU: S~==l J WESTMONT A VENUE MOOIRED STRt:= r OESIGN STANDARD . CIL I "III b lIIi~ 2' " ::il~ Il;t- ~.2 2/0 111.1: ol~ "III /3 I , I '. I i