CC Resolution 8733
RESOLUTION NO. 8733
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL SUMMARILY
VACATING EXCESS STREET RIGHT -OF-WAY
WHEREAS, pursuant to the San Tomas Neighborhood Plan adopted by the City Council
on December 16, 1993, excess right-of-way exists on the east side of Abbott Avenue south from
Hacienda Avenue; and
WHEREAS, property owners adjacent to this subject excess right-of-way, namely:
Alan D. Ahlstrand and Mary K. Donahue, husband and wife as community property (1441
Juanita Way); and Kenneth L. Campbell and Hazel A. Campbell, husband and wife, as joint
tenants (1440 Juanita Way); and David Duwayne Dickson and Margo M. Dickson, husband and
wife; and John Duwayne Dickson and Lois M. Dickson, husband and wife, all as joint tenants
(1430 Abbott Avenue); and Hank J. Kearns, Sr., and Susan A. Kearns, husband and wife, as
joint tenants (1350 Abbott Avenue); and Michael L. Henry and Georgia A. Henry, husband and
wife, as joint tenants (1462 Hacienda Avenue); and Kenneth L. Campbell and Hazel A.
Campbell, husband and wife, as joint tenants (1440 Juanita Way), have requested that the City
vacate the right-of-way and grant it to them; and
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 properties to be vacated are described on the attached legal description;
and
WHEREAS, the properties to be vacated constitute excess right-of-way not required for
street or highway purposes; and
WHEREAS, from and after the date that this resolution is recorded, the street portion
or portion thereof no longer constitute a public street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby vacates excess right-of-way on Abbott Avenue, grants the excess right-of-way to the five
adjacent property owners, and authorizes the City Clerk to record this resolution and Grant
Deeds with the required legal documents with the County Recorder's Office.
BE IT FURTHER RESOLVED that the City of Campbell hereby reserves unto itself a
public service easement upon that certain five feet wide strip of land, the westerly line of which
is a line parallel with and 20.00 feet easterly, perpendicularly and/or radially, from the
centerline of said Abbott Avenue.
PASSED AND ADOPTED THIS 4th
following roll call vote:
day of
October
, 1994, by the
AYES:
Councilmembers:
Conant, Ashworth, Burr, Watson
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
Dougherty
APPROVED:
A~
Anne Bybee, ~
h: abbott. res(mp)