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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE 1.) APPROVING THE REPORT FROM THE
DIRECTOR OF PUBLIC WORKS SETTING FORTH THE
FACTS JUSTIFYING THE CONDITIONAL VACATION OF
APPROXIMATELY 25,690 SQUARE FEET OF PUBLIC
STREET RIGHT-OF-WAY ON SPRING STREET,
BETWEEN ASBURY STREET AND WEST TAYLOR
STREET (“SUBJECT PORTION”); 2.) FINDING,
PURSUANT TO STREETS AND HIGHWAYS CODE
SECTION 8324(B), THAT THE SUBJECT PORTION IS
UNNECESSARY FOR CURRENT OR PROSPECTIVE
PUBLIC USE AS A STREET, AND VACATING THE
SUBJECT PORTION, CONDITIONED UPON THE
ABANDONMENT AND/OR RELOCATION OF ALL
EXISTING PUBLIC UTILITY FACILITIES AND UTILITY
EASEMENTS AFFECTING THE SUBJECT PORTION; AND
3.) INSTRUCTING THE CITY CLERK TO RECORD A
CERTIFIED COPY OF THE RESOLUTION OF VACATION
FOR THE SUBJECT PORTION WITH THE OFFICE OF THE
RECORDER, COUNTY OF SANTA CLARA AFTER THE
DIRECTOR OF PUBLIC WORKS CONFIRMS THE
SATISFACTION OF THE CONDITIONS TO VACATE
WHEREAS, Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California authorizes the Council of the City of San José (“City”) to vacate a public street if the City Council determines that it is unnecessary for present or prospective public use; and
WHEREAS, the City Council intends to conditionally vacate 25,690 square feet of Public Street Right-of-Way on Spring Street, between Asbury Street and West Taylor Street (“Subject Portion”), constituting all that real property situated in the City of San José, County of Santa Clara, State of California, more particularly described as:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSÉ,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF SPRING STREET, AS SAID STREET IS SHOWN IN THE "MAP OF UNIVERSITY GROUNDS, SANTA CLARA COUNTY, CALIFORNIA, SURVEYED BY J.J. BOWEN, SAW:VXC:CLS
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
COUNTY SURVEYOR, APRIL A.D. 1866," FILED ON AUGUST 25, 1866 IN BOOK "A" OF MAPS, PAGES 80 AND 81, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 3 OF BLOCK 60 OF
SAID MAP, ALSO BEING THE INTERSECTION OF THE SOUTHEASTERLY LINE OF ASBURY ST. WITH THE SOUTHWESTERLY LINE OF SPRING STREET AS SHOWN ON SAID MAP;
THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID
SOUTHEASTERLY LINE OF ASBURY STREET, NORTH 49°41'16” EAST, 70.00 FEET
TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID SPRING STREET;
THENCE ALONG SAID NORTHEASTERLY LINE OF SPRING STREET, SOUTH 40°18’44” EAST, 367.00 FEET TO THE INTERSECTION WITH THE
NORTHWESTERLY LINE OF TAYLOR STREET AS SHOWN ON THAT CERTAIN DOCUMENT TITLED “ORDINANCE NO. 28351”, RECORDED AS DOCUMENT 20005995 ON 10/03/2008, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID
NORTHWESTERLY LINE OF TAYLOR STREET, SOUTH 49°41'16” WEST, 70.00 FEET TO SAID SOUTHWESTERLY LINE OF SPRING STREET;
THENCE ALONG SAID SOUTHWESTERLY LINE OF SPRING STREET, NORTH 40°18’44” WEST, 367.00 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 25,690 SQUARE FEET OR 0.59 ACRES, MORE OF LESS.
THIS DESCRIPTION WAS PREPARED FROM RECORD INFORMATION.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS NORTH 40°18’44” WEST
ALONG SPRING STREET CENTERLINE, AS BEING SHOWN ON THAT CERTAIN DOCUMENT TITLED “ORDINANCE NO. 28351”, RECORDED AS DOCUMENT 20005995 ON 10/03/2008, SANTA CLARA COUNTY RECORDS.
WHEREAS, a notice of the proposed conditional vacation was published in the manner prescribed by law; and
WHEREAS, notices of the proposed conditional vacation were posted conspicuously along the line of the Subject Portion in the manner prescribed by law; and SAW:VXC:CLS
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Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, on September 24, 2026, the Director of Public Works approved a map entitled “Plat Map to Accompany the Legal Description for the Conditional Vacation of a Portion of Spring Street between Asbury Street and West Taylor Street” (“Map”), attached hereto as “Exhibit A” and incorporated herein, which shows the Subject Portion; and
WHEREAS, prior to the public hearing, the Map was filed in the Office of the City Clerk and made available for examination by any persons desiring to do so; and WHEREAS, at the public hearing, the City Council had before it the Map and a report from the Director of Public Works to the City Council dated September 28, 2026 (“Report”), attached hereto as “Exhibit B” and incorporated herein; and WHEREAS, at the public hearing, the City Council heard all persons interested in the proposed conditional vacation and considered all evidence submitted; and WHEREAS, the City owns the Subject Portion in fee; and
WHEREAS, the City’s Columbus Park, originally built in 1961, is located within Guadalupe Gardens along West Taylor Street and will be redeveloped according to the Columbus Park Revitalization Plan, which includes two artificial turf full-size soccer fields, four pickleball courts, a futsal court, 14 horseshoe courts, a half basketball court, a playground, and a pedestrian paseo connecting all amenities; and WHEREAS, the pedestrian paseo, located generally within the Subject Portion, will allow safe and continuous pedestrian flow across the redesigned Columbus Park while eliminating vehicular traffic; and
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, the Subject Portion must be conditionally vacated to implement the Columbus Park Revitalization Plan and staff has determined that the Subject Portion is not required for current or prospective public use as a street; and WHEREAS, three utility companies, Pacific Gas & Electric (“PG&E”), San José Water Company (“SJ Water”), and AT&T, Inc. (“AT&T”), have facilities within the Subject Portion and do not object to the proposed conditional street vacation; and WHEREAS, PG&E, SJ Water, and AT&T have consented to the conditional street vacation of the Subject Portion without any public service easement provided and have agreed to remove and/or relocate their utility facilities from the Subject Portion by the completion of Columbus Park construction; and
WHEREAS, staff also notified Comcast Corporation (“Comcast”) of the conditional street vacation of the Subject Portion and Comcast confirmed that they do not have any facilities in the Subject Portion and will not request a public service easement; and WHEREAS, vacation of the Subject Portion is conditioned on the physical removal or relocation of all utility facilities within the Subject Portion, including those of PG&E, SJ Water, and AT&T, and any other utility with facilities located therein, to the satisfaction of the Director of Public Works; and
WHEREAS, the City Clerk will not record the resolution of vacation, and the vacation will not take effect until the Director of Public Works confirms satisfaction of the vacation conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
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Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 1. Council hereby adopts the Report and, based upon the Report and all other evidence submitted, makes the following findings:
A. This conditional vacation proceeding is conducted under the general vacation procedures of the Public Streets, Highways and Service Easements Vacation Law (Streets and Highway Code section 8320 et seq.); and B. The proposed conditional vacation of the Subject Portion aligns with the Columbus Park Revitalization Plan; and
C. There are in-use public facilities located within the Subject Portion; and D. All entities having any right, title, or interest in the Subject Portion being conditionally vacated have been notified of this action.
SECTION 2. Council makes the following conclusions based on the above findings:
A. The Subject Portion is unnecessary for current or prospective public use as a street; and
B. The proposed conditional vacation is consistent with the City’s General Plan; and C. The proposed vacation is consistent with the Columbus Park Revitalization Plan; and
D. No public service easement will be reserved for any utility companies.
SECTION 3. Based on the above stated findings and conclusions, Council hereby vacates the public street located on the Subject Portion conditioned on the physical removal or relocation of all utility facilities within the Subject Portion, including those of PG&E, SJ Water, and AT&T, and any other utility with facilities located therein, to the satisfaction of the Director of Public Works.
SECTION 4. Once the Director of Public Works confirms the satisfaction of the vacation conditions as specified in Section 3 of this Resolution, the City Clerk is hereby directed SAW:VXC:CLS
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. to record a certified copy of this Resolution, including the exhibits hereto, with the Office of the Recorder for the County of Santa Clara.
SECTION 5. From and after the date this Resolution is recorded, the Subject Portion will be vacated and no longer constitute a public street right-of-way.
ADOPTED this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
EXHIBIT A
MAP
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
EXHIBIT B
REPORT
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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Council Agenda: 10/20/2026
Item No.: 3.5(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.