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CC Resolution 9292 DOCUMENT: 13916591 Tit I es: 1 / Pages 6 Recording Requested By: ) 11111 ~ II 111111111 II Fees. + No Fees ) Taxes. City of Campbell ) ;:00013916591;:0 Copies ) AMT PAID And When Recorded Return To: ) ) BRENDA DAVIS RDE I; 009 City Clerk's Office ) SANTA CLARA COUNTY RECORDER 10/30/1997 City of Campbell ) Recorded at the request of 11: 58 AM 70 North First Street ) City Campbell, CA 95008 ) (Space Above This Line for Recorder's Use) RESOLUTION NO. 9292 RESOLUTION NO. 9292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL VACATING EXCESS RIGHT-OF-WAY ON WESTMONT AVENUE ADJACENT TO APN # 403-10-037 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 public 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 ill 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# 403-10-037, authorizes 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 21st day of October, 1997, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Dougherty, Watson, Dean, Furtado, Conant None None AZ!.AL- Anne Bybee, City Clerk APPROVED: ~jQ~ Barbara Conant, Mayor [[[I]] UNDERWOOD & ROSENBLUM 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 All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, and being described as follows: Being a 15 foot wide Northerly strip of a portion of Westmont Avenue, 75 feet wide, lying Easterly of Crocket Avenue and Westerly of San Tomas Aquino Road, and being more particularly described as follows: Beginning at a point on the Southerly line of that certain 21 acre tract, more or less, conveyed by Edith A. Smith and George Thomas Smith to Maude D. Smith by Deed dated December 24, 1936 and recorded December 28. 1936 in Book 805 of Official Records. page 184. Santa Clara County Records, distant thereon S. 830 OS' W. 260.82 feet from the point of intersection of the said line with the Westerly line of San Tomas Aquino Road; thence along said Southerly line of said 21 acre tract S. 83005' W. 100.00 feet; thence leaving said line, S. 4042' 33" W. 15.31 to a line parallel to and 15.00 feet Southerly when measured at right angles to said Southerly line of said 21 acre tract; thence along said parallel line N. 830 OS' E. 115.23 feet; thence N. 50 13' 26" E. 15.39 feet to the Point of Beginning. Containing 0.0344:t Acres APN 403-10-037 EXHIBIT "A" PLAT MAP STREET VACATION 1305 WESTMONT AVENUE APN 403-10-037 CAMPBELL, CALIFORNIA SEPTEMBER 1997 Irrllll UNDERWOOD & ROSENBLUM I CML ENGINEERS AND SURVEYORS 1370 Vander Way ste. B San ..Jose, Ca. 95n2 TeL No. (408) 971 1454 FAX No. (408) 971 1486 I I Ig i H j! ,~ ,e:..> I I I I I I , I I I , I I I : I I I ~ S 89'44'00. W 100.00' I,~ I: --7 - ~EED - ~134~~801 n ~ ! I ~I (0.173 ACRES) '~ : I 3: I SOUTHERLY UNE 2H: AC TRACT 10 I I ~, 805 OR 184 I~ II ~I IP I ~ 8 I v 1/ 0, 2 20' 20' f j "' I .. 83~ 7"~' \\ ~ -:/~ P.O.B. 45' \ ' :!2 - 1'5.23' 12' ------- t ' ..... --- ',,jOt ------1----30' WESTMONT i ~ j : ~ I I~ j PM 610-M-15 I I SCALE 1"=40' 4.j~ o 0:: 4J 0 2 2 :i,S >- 0 -J < m/~ ~/! I~ , , I I I I I --1" STREET VACATION AREA = 0.0344 ACRES /' .,// . l /' I. I. /5 015 ~ :: ~ ~I; ~I; :; · 0 :r ~I~ fl~ I Q. I Q. k.~:::::::':':::::':::':I:'::::::;:;'..:::::':':::::':.. .. I I L15.oO' ""~1='05E= 15 :-:'. I Y~rICN ("".S.:. I .l.NO 5C'~'O ~EM5N':' .:l~~INiO) o 5.00' SI=a.:.:.w:: ,., - . o EXHIBIT B aoo' S~~ Wl=~ (;.;~~: Sr;:<E;~) :l0.00' ~:~;.t-r c= u.:~- (101,AW: S;;:C5=, J WESTMONT A VENUE MODIFiED STREET DES/GN ST ANDAAD . 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