1983-005-Order Vacating Excess Portion Of A Public Thoroughfare Along Villa AvenueKECORVING REQUESTED BY.
Town of Los Gatos
WHEN RECORDED MAIL T0:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 05031
NO FE[ - G0V� CODE 6103
RESOLUTION NO.
ORDER VACATING EXCESS PORTION OF 8
PUBLIC THOROUGHFARE ALONG VILLA AVENUE
WHEREAS, the Town Council of the Town of Los Gatos has proceeded under the
provisions of Division 4, Part 3 (Section 8300 through 8331) of the Szr9eT1 and
Highways Code, concerning vacation of a parcel of land dediC8t8o for Public Street
purposes in the Town of Los Gatos, County of Santa Clara, consisting of a strip of
land approximately 780 feet long containing approximately 103+ square feet located
along the southerly side of Villa Avenue east of Fiesta Way, more particularly
described on Exhibit «An entitled, "Description of Excess Portion of a Public
Thoroughfare To be kUa0dU:8d (Villa Avenue) by the Town Of Los Gatos", attached
hereto, and shown on Exhibit «8: entitled, "Plat to Accompany Description of Public
Thoroughfare Abandonment"; and
WHEREAS, the public convenience and necessity require the reservation of
easements and rights-of-way on and over and beneath all of that portion of Villa
Avenue referred t0 in this resolution, for construction, maintenance, operation,
replacement, removal and renewal of sanitary sewers and storm drains and appurtenant
structures in, upon, Over and aCr8lS Villa Avenue and pursuant to any existing
franchises or renewals thereof, or otherwise, for construction, maintenance,
operation, replacement, removal, renewal and enlargements of pipe lines, conduit,
cables, wires, nose and other convenient structures, equipment and fixtures for the
operation of gas pipe lines, telegraphic and telephone lines, and for the
transportation and distribution of electric energy, petroleum and its products,
Water and incidental purposes, including a{C86s and the right t8 keep the property
free from inflammable materials, and wood growth, and otherwise protect the 600e
from all hazards, and the proceedings have been taken subject t0 the reservations Of
such easements; and
WHEREAS, pursuant to the provisions of the Streets and Highways Code, a
Resolution of intention was passed, a noticed hearing held, and good cause appearing
therefor;
RESOLVED, the Town Council of the Town of Los Gatos finds from all of the
evidence submitted that all of that excess portion of the Public Thoroughfare along
Villa Avenue described above is unnecessary for present or prospective public street
purposes, and hereby makes its order vacating the excess portion of the Public
Thoroughfare Dedication along Villa Avenue east of Fiesta 'Way, reserving from such
vacation all easements and rights -of -way described above.
FURTHER RESOLVED, the Town Clerk shall cause a certified copy of this Order,
attested by per under the seal of the Town, to be recorded in the Office of the
County Recorder of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on 3rd day of January, 1983 by the following vote:
RYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily. Thomas J.
Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS__ None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: __ /s/ Brent N. Ventura
�� MAYOR OF THE TOWN Oi LGAT 7O
ATTEST:
/s/ Rose E. A1dag (seal) __
CLERK 7 THE TOIdN OF LOS GAMS
2ESCRIPTTON OF =XC"SS PORTION OF A P JBLDC
UKTUGHFARE -70 BE (V= KVFNUE)
BY T9E TCAN OF TnS GAICS
Thaz parcel of land in tne Cown of jcs Gazcs, 2cnn7_,-
of Sanza Clara, State of California, descritel as
follows:
BEGINNING at a 3/4" iron pipe sea at the ncrz>wes ter
1-_,-
corner of ttan certain parcel Of lead described in
Deed from j.c.ximhle, ez no, cc j.j.FreswelL, zarV
March 9, 1994, recorded April 9, 1S94, in nook 15S A
2eeds, page 138, San_ a Clara Ccuntv Records, said qwn7.
of beginning being also the ncrztelsterly corner V
thaz certain parcel of land described in the deed frov.
Barbara Ashley Wainwright and Robin W. Wainwright to
Eva V. Ogilvie, recorded December 19, 1979 in Bock F
23 at page 5S7, Santa Clara County official Records,
thence from said point of beginning, along the northerly
line of said Ands of Ogilvie NE9002'45"W 60.00 feez to
the northwest corner thereof, said last mentioned point
being also the northeasterly corner of that certain
parcel of land described in the deed from Walker to
Ogilvie recorded September 12, 1979 in Book E 7K at
Doge 176, Santa Clara county official Records, thence
continuing along the northerly line of last mentionea
lands of Ogilvie N6900245"W 45.30 feet to the nortn-
weszerly corner of said last mentioned lands of Ogilvie,
said last mentioned pcinn being on the easzerlY line of
chat certain parcel of land described in the deed fro7.
Albert E. Harris and Muriel C. Harris and Marcia D.
Dormer to Eva V. Ogilvie records April 22, 19SO in Book
F2E5 at page 116, Santa Clara County Official PecorW
thence along said easterly line of last mentioned lands
of Ogilvie W19'45"E 3.00 fear to the northeasterly
corner of said last mentioned lands of Ogilvie, thence
alona the northerly line of said last mentioned lands of
Ogilhe 190°^,5'2.5 "W h
5"W 173.30 feet to the nortwesterly
corner of said last mentioned lands of Ogilvie, said
last mentioned point being also the northeasterly corner
of that certain parcel of land described in thaz certain
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