CC Resolution 9173
.. RECORDING REQUESTED BY
.
WHEN RECORDED MAIL TO:
DOCUMENT: 13658883 Titles 1/ Pages 6
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AMT PAID
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBEll, CALIFORNIA 95008
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE l=I 005
4/02/1997
11 · 26 AM
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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DOCUMENT TITLE
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
~3149
.,
RESOLUTION NO. 9173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
VACATING EXCESS RIGHT-OF-WAY ON WESTMONT AVENUE
ADJACENT TO APN # 403-10-038
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 W estmont Avenue from San Tomas Aquino Road to Harriet Avenue as a minor
collector street and revised the long range plans for W estmont 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 and one application 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# 403-10-038,
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 7th day of January, 1997, by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmembers: Dougherty, Watson, Dean, Furtado, Conant
Councilmembers: None
Councilmembers: None
A~_~
Anne Bybee, City Clerk
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Barbara Conant, Mayor
[(l]]
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
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situate in the City of Campbell,
County of Santa Clara, State of California, and being described
as follow;
Being a 15 foot wide Northerly strip of a portion of Westmont
Avenue, 75 feet wide. lying Easterly of Crocket Avenu~and
Westerly of San Tomas Aquino Road, and being more particularly
described as follow;
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 305 of Official Records,
page 184, Santa Clara County Records, distant thereon S. 830 OS'
W. 360.82 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. 830 05' W. 137.83
feet; thence leaving said line, Southeasterly along a 20.00 foot
radius non-tangent concave curve to the left, from a radial
bearing of S. 680 36' 21" W., through a central angle of 750 31'
21", an arc distance of 26.36 feet to a tangent line, said
tangent line being parallel to and 15.00 feet Southerly when
measured at right angles to said Southerly line of said 21 acre
tract; thence along said tangent line N. 830 OS' E. 115.~3 feet;
thence N. 50 13' 26" E. 15.34 feet to the Point of Beginning.
Containing 0.0452~ Acres
APN 403-10-038
EXHIBIT "A"
PLAT MAP
STREET VACATION
1325 WESTMONT AVENUE
APN 403-10-038
CA~PBEUL CAU~ORNA
OCTOBER 1 g9S
IfTWl UNDERWOOD " ROSENBLUM
I CML ENGINEERS AND SURVEYORS
1370 Vander Way st.. B San .Joee. Ca. G5112
Tel No. (408) 971 1454 FAX No. (408) 971 1486
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