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
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EXHIBIT A
PLAT MAP
STREET VACATION
1113 CROCKETT AVENUE
APN 403-10-069
CAMPBELL, CALIFORNIA
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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
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PORllON OF INST. 11 0656454 RECORDED I
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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
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