CC Resolution 7998RESOLUTION N0. 7998
BEING A RESOLUTION APPROVING AN
AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION
COMPANY FOR PUBLIC STREET EASEMENTS AT
THE WINCHESTER/CAMDEN INTERSECTION
WHEREAS, by indenture dated July 15, 1986, Southern Pacific
Transportation Company granted to the City of Campbell a street or
highway easement upon and across certain real property situated in
the City of Campbell, County of Santa Clara, State of California as
more particularly described therein; and
WHEREAS, it is desired by both parties to correct the description of
the property included in said indenture, by a supplemental agreement;
NOW, THEREFORE, BE IT RESOLVED that the Mayor be, and he is hereby,
authorized to execute said supplemental agreement on behalf of the
City of Campbell.
PASSED AND ADOPTED this 4th day of September 1990,
by the following vote:
AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
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J n J. Ashworth, Mayor
Olsasky, City C
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AND WHEN RE:ORDED MHIL TO
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SPACE A80VE THIS LINE FOR RECORDERS USE
THIS SUPPLEMENTAL AGREEMENT, made this day of
1989, by and between SOUTHERN PACIFIC TRANSPORTATION
COMPANY, a Delaware corporation, (Grantor), and CITY OF CAMPBELL,
a municipal corporation of the State of California, (Grantee);
RECITALS•
By indenture dated July 15, 1986, Grantor granted
to Grantee a street or highway easement upon and across
certain real property situate in the City of Campbell,
County of Santa Clara, State of California as more
particularly described therein.
It is desired by this instrument to include a
corrected description of the property included in said
indenture.
AGREEMENT•
1. The exhibit A entitled "Legal Description Right-of-Way
Easement" attached and made a part hereof is hereby substituted for
the Exhibit A attached and made a part of said indenture dated July
15, 1986.
2. This instrument is made to correct an error in the
description of the premises included in said indenture, it having
been the intention of the parties by such indenture to grant an
easement to Grantee over the premises described in the attached
Exhibit A.
3. Except as herein otherwise provided, all of the terms,
covenants and conditions contained in said indenture dated July 15,
1986, shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
By
(Title)
Attest
Secretary
CITY OF CAMPBELL
By
By
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EXHIBIT A
LEGAL DESCRIPTION
RIGBT OF WAY EASEMENT
All that certain real property situated in the City of
Campbell, County of Santa Clara, State of California,
described as follows:
Beginning at a point at the intersection of the south-
easterly line of the lands and right of way of the Southern
Pacific Transportation Company with center line of Camden
Avenue, said point'of intersection of the center line Camden
Avenue and the southeasterly line Southern Pacific Transpor-
tation Company lands are shown upon the Record of Survey of
a Portion of Camden Avenue in the City of Campbell, California,
recorded in Book 482 of Maps, page 11, Santa Clara County
Records;
Thence southwesterly along said southeasterly right of way
lire of the Southern Pacific Transportation Company, South
32 11' 20" West, 114.02 feet;
Thence leaving said southeasterly right of way line along a
non-Y.angent curve to the left from which a radial line that
bears South 22 58' S5" West kith a radius of 47.50 feet,
through a central angle of 78 18' 44", an arc length of
64.92 feet;
Thence tangent to last said curve South 34° 40' 11" West,
234.36 feet, to a point on the northwesterly line of lands
and right of way of the Southern Pacific Transportation
Company, said point also tieing on the southeasterly right of
way line of Winchester Boulevard;
Thence northeasterly along said right of way line of the
Southern Pacific Transportation Company and Winchester
Boulevard North 32 11' 20" East, 557.54 feet to its inter-
section with the easterly line of Winchester boulevard, 90
feet in width;
Thence leaving said northwesterly line of the Southern
Pacific Transportation lands, in a general southwesterly
direction, South 17 13' 33" West, 33.97 feet and South 2°
33' 07" West, 83.37 feet to its intersection with the said
southeasterly line of the Southern Pacific Transportation
Company lands;
Thence along the said southeasterly line of thr Southerly
Pacific Transportation Company lands, South 32 11' 20"
West, 59.26 feet to the Point of Beginning.
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Containing 13,036 square feet or 0.2993 acres more or less.