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
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