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CC Resolution 9329 RESOLUTION NO. 9329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ESTABLISIllNG UNDERGROUND UTILITY DISTRICT NO.8 ON CAMPBELL AVENUE BETWEEN RAILWAY AVENUE AND BASCOM AVENUE WHEREAS, A Public Meeting was held on November 19, 1997 at the hour of 5:30 p.m. and a Public Hearing was called on January 20, 1998, at the hour of 7:30 p.m. in the Council Chambers of City Hall to ascertain whether the public necessity, health, safety or welfare required removal of poles, overhead wires and associated overhead structures and the underground installation of said utilities within that certain area of the City described in Exhibit A, attached; and WHEREAS, the notice of such meeting and hearing was given to all affected property owners as shown on the last equalized tax role and to all affected utilities, in the manner and for the time required by law; and WHEREAS, such meeting and hearing was duly held, and all interested persons were given an opportunity to be heard; and WHEREAS, the City Council adopted Resolution No. 9253 on July 15, 1997 directing staff to pursue the formation of Underground Utility District No.8, and WHEREAS, Campbell Avenue is the gateway to downtown and under grounding the overhead utilities would enhance the appearance of this roadway, and WHEREAS, the existing utility guy wires are in conflict with plans for the improvement of Campbell Park, and WHEREAS, approximately $911,000 of the Underground Utility District No.8 will be paid for from existing plus three future years of allocated PG&E Rule 20A funds and $74,000 will be paid by the City of Campbell from funding proposed in the fiscal year 1998-1999 CIP budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that, pursuant to Chapter 11.12 of the Campbell Municipal Code, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No.8 of the City of Campbell. Attached as Exhibit "B", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council does hereby fix March 31, 1999, as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities of supplying electric, communication or associated service within Underground Utility District No.8 on or before July 31, 1999. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 8 of the adoption of this Resolution within ten (10) days after such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive overhead electric, communication or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the line of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the Sate of California. Such notification shall be made by mailing a copy of this Resolution, together with a copy of said Municipal Code, Chapter 11.12, to affected property owners, as such are shown on the last equalized assessment roll, and to the affected utilities. PASSED AND ADOPTED this 20th day of January, 1998, by the following roll call vote: AYES: Councilmembers: Conant, Furtado, Dougherty, Dean, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: A TT9ST: ~4L- Anne Bybee, City Clerk - .-'~ ,---./_,~ - ETTE WATSON, MAYOR c ~ /' FROM FrederIck T. Seker & Assoc. PHONE NO. : 415 921 7655 Dec. 02 1997 05:38PM P2 EXHIBIT A December 2, 1997 Note: In preparing this description. no sellTdl or title _ rnacle to ~ ownership. Anyone using !tl!$ deSCription i5 c:lIUtioned !twIt Tttht Insurance CornplInles have the rlght to refuse to Ill'SUm any description unfns it meets with their requiremllflts ThIs descflptJen sJ'ltIWd be sent U> the TIUe company that wIIIlle asked to insure litIe at the earlle&t po&5lble date for their r8Vl8w and approval. LeQalDeaeriDtion UNDERGROUND UTILITY DISTRICT NUMBER 8 All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beainnina at a point on westerly line of South Bascom Avenue, said point also being the common comer of Parc;el 1 and Parcel 2 as shown on that certain Parc;el Map filed in the office of the Recorder of Santa Clara County, State of California on July 16, 1971 in Book 286 of Maps at Page 21; Thence from said point of beginning and along the southerly lines of said Parcel 1 and Parcel 3 of said Pareel Map the following courses: North ago1T42"West for 125.25 feet, North 0OO42'1S"East 7.93 feet and North ago1T42'West 240.48 feet to a point on the easterly line of Barbano Avenue as shown on said Parcel Map, said point also being the southwesterly comer of said "Parcel 3"; Thence North 00037'09"East along said easterly line of Barbano Avenue 120.10 feet to the easterly prolongation of the northerly line of the southerly one-half of Lot 1 as shown on that certain map entitled "Tract No. 588 Barbano Subdivision" recorded on May 2, 1949 in Book 22 of Maps at Page 48. in said office of the County Rec;order of said County; Thence leaving said easterly line of Barbano Avenue, North SS017'42"West along said easterly prolongation and said northerly line 149.89 feet to the easterly line of Parcel One as shown on that certain Parcel Map filed for reoord in the office of the County Recorder of Santa Clara County on July 11, 1973 in Book 326 of Maps at Page 20; Thence South 0OO41'18"West along the easterly line of said Parcel One, 40.03 feet to the easterly prolongation of the southerly line of Lot A as shown on that certain Parcel Map filed for record in the office of the County Recorder of Santa Clara County on May 7, 1982 in Book 500 of Maps at Page 7; Thence North 8go17'42"West along last said easterly prolongation, 474.03 feet to a point on the easterly line of Union Avenue as shown on last said Parcel Map, said point also being the southwesterly comer of said Lot A; Thence leaving said easterly line of Union Avenue, North 84018'09" West 60.01 feet to a point on the westerly line of Union Avenue said point also being on the northerly line of that certain parcel of land c;onveyed to Kenneth H. Stringfellow, et ux. in that deed rec;orded in the office of the County Recorder of Santa Clara County on August 2,1956 in Book 3566 of Offical Records at page 434: Thence North 8901 T 42"West along northerly line of said land of Stringfellow and the prolongation thereof 297.51 feet to point on the easterly line of the land of the State of California as shown on that certain map entitled "Right of Way Record Map" Map No. R-63.34 , (revised April, 1959) of District IV, County of Santa Clara, Route 5, Section D, CM B, and the beginning of a curve c;oncave westerly. to whicl1 a radial line bears South 65046'36"East said curve having a radius of 2300.11 feet; Then<:e northerly along said easterly line of said land of the State of California and along said curve through a central angle of 3012'58" an arc distance of 129.11 feet to a point on the southerly line of Campbell Avenue; Thence leaving last said easterly line, North SS017'42"West along said southerly line of Campbell Avenue, 261.50 feet to the most easterly comer of land of Sophie V. Lucas as shown on Page 1 of 4 O:\PR0J.97'D70-971J.EGSITE.dOe FROM Frederick T. Seker & Assoc. PHONE NO. 415 921 7655 Dec. 02 1997 05:39PM P3 December 2, 1997 NQte: In pnIJllIring thIs dncr\ption, no search of IitIe was made to determine ownership. Anyone using this deserlptJon It; ceutioned thlIt TIlle InsunllllC:e ComPBnletl nave the right to refuse to insure ;my dl!tlCripIion unless It ITlMIs wtIh their requirements. This description should be sent to the TItle Company that will be asked to Insure title at the nrticlt:t poGGlble dalv for their ~ and approvaL that certain Record of Survey Map filed in Book 79 of Maps at Page 1 in said office of the County Recorder of said County; Thence leaving southerly line of Campbell Avenue, southwesterly along the easterly line of said land of Sophie V. Lucas the courses and curvature thereof as follows: South ~19'57"West 176.65 feet, South 64015'05"West 59.17 feet to the beginning of a curve concave westerly, having a radius of 2700.13 feet,to which a radial line bears South 61002'31"East,and along last said curve through a central angle of 3039'31" an arc distance of 172.41 feet to the southerly line of said land of Sophie V. Lucas; Thence leaving last said easterly line, North 8S017'42"West along last said southerty line 115.27 feet to the southwesterly comer of last said land; Thence North 13021'18"East along the westerly line of last said land 240.00 feet; Thence North 31C124'18"East and continuing along last said westerly line, 122.91 feet to a point on the southerly line of Campbell Avenue which point also being the northwest comer of said land of Sophie V.Lucas; Thence leaving last said westerly line, North SS017'42"West along said southerly line of Campbell Avenue 117.47 feet to the westerly line of land described as Parcel Two in the deed to Santa Clara County Flood Control and Water Conservation District, recorded in Book 5560 of Official Records, Page 517, in said Office of the County Recorder of Said County; Thence leaving said southerly line of Campbell Avenue South 3~T18"West along last said westerly line 253.75 feet; Thence North 8go17'42"West continuing along last said line 99.00 feet to the northwest comer of the 0.612 of an acre parcel of land as described in deed to City of Campbell, recorded September 15, 1966 in Book 7506 of Official Records, Page 256 in said Office of the County Recorder of said County; Thence leaving last said westerty line South 3S042'1SHWest along the westerty line of said 0.612 acre parcel of land 242.38 feet to the southeasterly prolongation of that certain course, having a distance of "143.11 feet" on the northeasterly line of Lot 1 Block 3 as shown on Map of Rucker's Addition in the Town of Campbell recorded in Book "P' at Page 39, Santa Clara County Records; Thence North SS012'44HWest along the prolongation of last said course and said northeasterly line 197.23 feet to the southeasterly line of Gilman Avenue as shown on that certain Record of Survey recorded in Book 115 of Maps at Page 51, Santa Clara County Records; Thence North 3~3'54"East along said southeasterly line of Gilman Avenue175.85 feet to the southeasterly prolongation of the northeasterly line of Lot 41 Block 2 of said Map of Rucker's Addition; Thence leaving said southeasterly line of Gilman Avenue, North 5?026'oe"West along fast said prolongation and last said northeasterly line, 15S.75 feet to a point on the southeasterly line of Lot 3 Block 2 of said Map of Rucker's Addition which point also being the common corner of Lot 41 and Lot 42 of Block 2 of said Map of Rucker's Addition; Thence South 3~33'52"West 76.00 feet along said southeasterly line of Lot 3 Block 2 to the common comer of Lots 3,4,39 and 40 of Block 2 of said Map of Rucker's Addition, Thence North 5?026'05"West along the northeasterly line said Lot 4 of Block 2, a distance of 113.75 feet to the southeasterly line of Dillon Avenue which point also being the common comer of Lot 1 and Lot" of Block 2 of said Map of Rucker's Addition: Thence South 60014'07"West 118.69 feet across said Dillon Avenue to the southeast comer of "Parcel 1" as shown on that certain Parcel Map recorded in Book 563 of Maps at Page 7 In the Office of the County Recorder of said County; Thence along the southerly lines of said . Parcel 1" the courses thereof as follows: North 5?02S'SO"West 80.51 feet, South 32"34'10"West 47.00 feet and North 5r025'50"West 134.47 to a Page 2 of 4 O:\PROJ.S7'070-S7'L.EGSITE.doc FROM Frederick T. Seher & Assoc. PHONE NO. 415 921 7655 Dec. 02 1997 05:40PM P4 December 2, 1997 Nate: In prepIIrlng this description, no search Of litJo WQ made to determine OWI'ler6hlp. Anyone using this descrlptkln Is cautioned om TlUe In&uranc8 CompanM have the right to rvfuse to Inwre uny dest:rlplion unle3s it meets with their requJrements. Th~ descrIption should be sent to the TItle Company th8t will be asked to rnau", title al the earlle8t poesible date for their review and approval. point on the southerly Right of Way line at the intersection of Campbell and Railway A venues which point also being the most westerly comer of said "Parcel 1-; Thence leaving last said southerly line, North 00059'30''West 185.20 feet at a straight line to the point of intersection of the northerly line of Civic Center Drive and the southeasterty line of Southern Pacific Transportation Company Land which point also being the most easterly comer of "Parcel A" as shown on that certain Parcel Map recorded in Book 432 of Maps at Page 35, Santa Clara County Records; Thence North 32l1J4'20"East along the common line of said "Parcel A" and said Lands of Southern Pacific Transportation Company 328.60 feet to the point of intersection with the westerly line of Foot Avenue which point also being the most northerly comer of said "Parcel A"; Thence South 8go16'42"East 55.00 feet and perpendicular to Foot Avenue to the easterly line of said Foot Avenue; Thence South 0OO43'18"West along said easterly line of Foot Avenue 78.95 feet to the common comer of Parcel 1 and Parcel 2 as shown on that certain Parcel Map recorded in Book 614 of Maps at Pages 13 and 14, Santa Clara County Records; Thence South 8go17'42-East along the northel1y line of last said Parcel 2. a distance of 260.00 feet to 8 point on a line, that is, parallel with and distant 30.00 feet westerly, measured at right angles from the center line of Page Street as shown on last said Parcel Map which point also being the northeast comer of said Parcel 2; Thence South 00043'19'West along said parallel line, 190.01 feet to a point distant 100 feet northerty from the center line of Campbell Avenue; Thence South a9<'17'42"East along a line parallel with and distant 100 feet northerly, measured at right angles from said center line of Campbell Avenue, 170.60 feet to the easterly line of Lot 3 Block 2 of the CR & GW Pages Subdivision recorded in Book F2 of Maps at Page 41 Records of Santa Clara County; Thence North 00043'18"East along last said easterly line and its prolongation, 127.74 feet to the southwest comer of Lot 1 as shown on Tract NO.122 Los Palos Unit N01 recorded in Volume 4 of Maps at Page 33, Santa Clara County Records; Thence along the southerly line of said Tract No.122 the courses thereof as follows: South 8go17'42"East 226.00 feet and South Q0043'18"West 82.74 feet to the southwest comer of Lot 9 of said Tract No. 122; Thence South 8go17'42"East along the southerly line of said Lot 9 of Tract No.122 and its prolongation 243.59 feet to the westerly line of land described in deed to Santa Clara Valley Water District, recorded October 25, 1983, as Instrument No. 7862800. Santa Clara County Records; Thence South 20009'11'"West along last said westerly line 100.71 feet to the northerly line of Campbell Avenue which point also being the most westerly comer of last said lands; Thence South Sgo17'42"East along said northerly line of Campbell Avenue, 93.70 feet to a point on the westerty line of Parcel 6 as shown on that certain Record of Survey recorded in Book 180 of Maps at Page 4S, Santa Clara County Records; Thence counterclockwise along the boundary line of said Parcel 6 the courses thereof as follows: South 0~47'05" East 15.0a feet, South 89017'42"East 40.07 feet, North 02047'05'"West 23.35 feet, North 26049'09" East 21.33 feet, South 63010'51" East 10.00 feet and North 26049'09"East 581.70 teet to a point on the westerly line of said lands of the State of California as shown on said Map No. R-63.34, last said point being on a curve concave westerly, having a radius of 1600.08 feet, and to which a radial line bears South 84013'57" East; Thence leaving said boundary line of said Parcel 6, southerly along last said westerly line on said curve through a central angel of 1~2'40- an arc distance of 350.33 feet; Page 3 of 4 O:\PROJ~7\lEGSITE.doc FROM frederlck T. Seher & Assoc. PHONE NO. 415 921 7655 Dec. 02 1997 05:41PM P5 December 2, 1997 Nlft: In P"'PlIrlng ltll& deuc;r1ptlon. no eearch of I1Ue was made to tll!h!rmlne OWl'llII'5I'llp. Anyo.,. U61ng ltlis description I. cauIlonlld IhlIt TItle Insurance eomp.nles nave the rtght to refuse to Insure any descr1pt/0I'l unless It ml!fC8 with their requirements. This de5crlptIon should be sent to the Title Compeny th8t wiR be asked to lncure titIv lit the earflest possible date for their review and approval. Thence South 1S018'43.West continuing along last said line, 228.25 feet to the norther1y line of Campbell Avenue; Thence South SS017'42"West along said northerty line of Campbell Avenue, 263.17 feet to a point in said easterly line of land of the State of California; Thence northerly along last said easterly line on a curve concave westerly having a radius of 2800.13 feet to which a radial bears South 74058'13"East, through a central angel of 20~5'49" an arc distance of 998.45 feet to the northwest comer of the 27.243 acre parcel of land as shown on that certain Record of Survey recorded in Book 244 of Maps at Page 42, Santa Clara County Records; Thence South a900g'44"East along the northerly line of said 27.243 acre parcel of land, 1209.74 feet to northeast comer thereof which point also being on the westerty line of said South Bascom Avenue; Thence South 0042'18"West along said westerly line of South Bascom Avenue, 1255.81 feet to the Point of beainning Containing 2,043,882 S.F. (46.92acres) more or less. The bearings used in the above description are on the Califomia Coordinate System NAD 1983, Zone 3. This real property description has been prepared by me, or under my supervision, in conformance with the Professional Land Surveyors Act. Signature ~~ 7. S~ Licensed Land Surveyor Page 4 of 4 O;"'ROJ-~EGSITE.doe FROM FrederIck T. Seker & Rssoc. PHONE NO. 415 921 7655 Dec. 02 1997 05:42PM P6 E '~ ~ "'-.. ~"" - - ~- ", "~fSf/ ------~ ,~ ~" ------- ~," ~ -/I""""flJ.f" .I"".>:'~~, <./I.~ -(::~ -, ".. ., -~";':"!/'.J:r'", 1:::1" " ...___~-"-~ I~~ "",p,.". ______-- , . sor,," IF ~/"'",,, .1'.., 1'.,;~.,. ",.6li:r:.6$.DfM ~~-!I--1" , , ~ ~.." .... ~ "~' ..,.~ ~ "~ """~ ~... I ::: -,~ ~ FlJlTAvi- i; ~ r--- t ,\~~ ' I;;: ~ ~.O>~-I I ~. ~, ~ i:'"~ '.. '" "! ~ .." ..... '" . .. " . 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