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1949-01-Amending Resolution Of Intention To Acquire And Construct Certain Improvements In And For The Town Adopted September 13, 1948KCS:JM 2/15/49/7 RESOLUTION AMENDING RESOLUTION OF � / INTENTION TO ACQUIRE AND CONSTRUCT CERTAIN IMPROVEMENTS IN AND FOR THE TOWN OF LOS GATOS, ADOPTED SEPTEMBER 13, 1948. RESOLVED, by the Town Council of the Town of Los Gatos, Santa Clara County, California, that in its opinion the public Interest and convenience require and it is the intention of said Council to order the following acquisitions and improvements to be made in or for a portion of said town, and the resc.lution entitled Resolution of Intention to Acquire and Construct Certain Improvements in and for the Town of Los Gatos, adopted September 13, 1948, is hereby amended to read as follows, to -wit: 1. That Caldwell Avenue for its entire length, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, sanitary sewer collection mains, wye branches, sewer house laterals and cement concrete monolithic vertical face curbs and gutters, where required. 2. That Mariposa Avenue between Santa Cruz Avenue and the westerly Town boundary, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface; cement concrete mono- lithic vertical face curbs and gutters, with driveway curbs where required, and their reconstruction when existing but not to grade, a valley gutter and sewer house laterals. 3. That University Avenue from Saratoga Avenue to its northerly end, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface; cement concrete monolithic vertical face curbs and 4. That Chester Street between University Avenue and Woodland Avenue, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, cement concrete monolithic verti- cal face curbs and gutters, cement concrete storm drain pipe, standard catch basins, standard storm drain manholes and headwall sanitary sewer mains, standard manholes, wye branches, risers and sewer house laterals, cement concrete sidewalks in unimproved portion of southerly side thereof between University Avenue and Wraight Avenue, replacement of storm drain pipe off street right of way and an interceptor sewer to and along a five foot ease- ment, to be acquired herein, along the southeasterly prolongation of said street to the existing trunk main near Los Gatos Creek. 5. That Wraight Avenue between Woodland Avenue and Chester Street, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, cement concrete storm drain pipe, standard manholes and catch basins, sanitary sewer mains, wye branches, standard manholes and sewer house laterals and cement concrete monolithic vertical face curbs and gutters. 6. That Bird street between Woodland Avenue and Chester Street be improved by grading and constructing therein water - bound rock macadam base pavement with asphaltic wearing surface, cement concrete monolithic vertical face curbs and gutters,sani- tary sewer mains, standard manholes and sewer house laterals. 7. That Woodland Avenue between Wraight Avenue and Chester Street, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement ..ri *� oarhaltin woarina cunfartp_ aanitary -Pwpr mains_ wvP_ pipe with catch basins extending to and across an easement to be acquired herein, and cement concrete curbs and gutters. 8. That Saratoga Avenue between University Avenue and Wraight Avenue, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, cement concrete monolithic verti- cal face curbs and gutters, sanitary sewer mains, wye branches, risers and sewer house laterals. 9. That the unimproved portion of Victory Lane between Nicholson Avenue and Bean Avenue, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, with headerboards. 10. That High School Court for its entire length be im- proved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, the removal of existing curb, gutter and sidewalks between Main Street and Church Street and their reconstruction where required, sewer house laterals and the construction of a concrete valley gutter therein at the intersection of Church Street. 11. That Loma Alta Avenue between San Jose Avenue and the easterly Town limits, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, cement concrete storm drain pipe, cement concrete monolithic vertical face curbs and gutters and their reconstruction when existing but not to grade, sanitary sewer main and appurtenances, where not existing, sewer house laterals and a concrete valley gutter. 12. That Johnson Avenue from San Jose Avenue to the easterly Town limits, including intersections, be improved by 13. That Cross Way for its entire length, including inter- sections, be improved by grading and constructing therein water - bound rock macadam base pavement with asphaltic wearing surface, cement concrete monolithic vertical face curbs and gutters, with driveway curbs where required and concrete valley gutters. 14. That Ashler Avenue between Santa Cruz Avenue and San Benito Avenue, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface, cement concrete monoli- thic vertical face curbs and gutters and sewer house laterals. 15. That Edelen Avenue between Mullen Avenue and Bentley Avenue, including intersections, be improved by grading and constructing therein water -bound rock macadam base pavement and asphaltic wearing surface, cement, concrete monolithic vertical face curbs and gutters with driveway curbs where required, and cement concrete storm drain pipe with standard catch basins. 16. That Bentley Avenue between University Avenue and Edelen Avenue, be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface and cement concrete monolithic vertical face curbs and gutters with driveway curbs where required. 17. That Mullen Avenue and Miles Avenue between University Avenue and Edelen Avenue be improved by grading and constructing therein water -bound rock macadam base pavement with asphaltic wearing surface. 18. Whenever any public way is hereby referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done 20. All of said work and improvements are to be con- structed at the places and in the particular locations, of the forms, sizes, and dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 21. There is to be excepted from the work above describ- ed any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 22. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the United States Coast Geodetic Survey. 23. Said contemplated improvements, in the opinion of the Town ^ouncil of said Town, are of more than local or ordinary public benefit, and said Council does hereby make the costs and expenses thereof, less contributions, chargeable upon an assess- ment district, which district said Council declares to be the district benefited by said improvements and to be assessed to pay the costs and expenses thereof, and which assessment district and the exterior boundaries thereof the lots or parcels or por- tions of lots or parcels abutting on said improvements and which are delineated upon a map thereof on file in the office of the Town Clerk, to which reference is hereby made for further particulars, and described as follows, to -wit: Beginning at a point on the westerly town limit of the Town of Los Gatos distant thereon 185 feet northerly from the northerly line of Mariposa Avenue, and running thence easterly parallel to and distant 184.64 feet northerly from the north line of Mariposa Avenue a distance of 657 feet, thence southerly par- allel to and distant 132.80 feet westerly from the westerly line of Santa Cruz Avenue a distance of 122 feet, thence easterly parallel to and distant 62.64 feet northerly from the northerly line of Mariposa Avenue and continuing easterly along the east- erly projection of said parallel line to the easterly line of Santa Cruz Avenue, thence southerly along said easterly line to the northerly line of Cypress Avenue, thence easterly along the northerly line of Cypress Avenue to the easterly right of way line of the Southern Pacific Railroad, thence northerly along said right of way line to the line between the properties now or formerly owned by Harris and Wallace, thence easterly along said property line and continuing along the northerly end of Universi- ty Avenue to the northwesterly corner of the 1 acre tract of land now or formerly owned by Denevi, thence easterly and southerly along the northerly and easterly line of said 1 acre tract to the southeasterly corner thereof, thence westerly along the southerly line of said 1 acre tract to a point distant thereon 132.02 feet from the easterly line of University Avenue, thence southerly parallel to and distant 132 feet easterly from the easterly line of University Avenue to the southerly line of Cypress Avenue, thence easterly along the southerly line of Cypress Avenue to a point distant thereon 191 feet easterly from the easterly line of University Avenue, thence southerly to a point in the southerly line of Lot A of the Betsy Showers Sub- division, distant thereon 190.50 feet from the easterly line of University Avenue, thence easterly along said southerly line 32.5 feet, thence southerly to a point in the southerly line of Lot B of said Subdivision distant thereon 227 feet from the easterly line of University Avenue, thence westerly along said southerly line to a point thereon distant.114 feet from the east- erly line of University Avenue, thence southerly parallel to and distant 114 feet easterly from the easterly line of University Avenue to the southerly line of the 16 foot strip of property now or formerly owned by Hubbell,__thence easterly along said southerly line 36 feet, thence southerly parallel to and distant 150 feet easterly from the easterly line of University Avenue to the northerly line of Block 1 of the Twin Oaks Tract, thence easterly and southerly along the northerly and easterly line of said Block to the southeast corner thereof, thence southeasterly at right angles from the easterly line of Woodland Avenue 150 feet, thence southwesterly parallel to and distant 150 feet from the easterly line of Woodland. Avenue to the southwesterly line of the 2.02 acre tract of land now or formerly owned by Clanton, thence northwesterly along said line to the easterly line of Woodland Avenue, thence southerly and parallel to the easterly line of University Avenue 150 feet, thence westerly parallel to the southerly line of Saratoga lvenue to the westerly line of Lot 6 of the Jensen Subdivision, thence northerly along said west- erly line to a point distant thereon 116.96 feet southerly from the southerly line of Saratoga Avenue, thence westerly to a point in the westerly line of Lot 5 of said Subdivision distant thereon 129.08 feet southerly from the southerly line of 9ratoga Avenue, thence northerly along the westerly line of said Lot 5 westerly along the southerly line of said Lot 1 to the easterly line of University Avenue, thence southerly along said easterly line to a point distant thereon 59.80 feet northerly from the northerly line of Bentley Avenue, thence easterly to a point in the westerly line of Lot 3 of Block 9 of the Bentley and Pierce Tract, thence northerly along said westerly line to the north- west corner of said Lot 3, thence easterly along the northerly line of Lots 3, 4, 5 and 6 of said Block 9 of said tract, thence southerly along the easterly line of said Lot 6 to a point dis- tant thereon 50 feet northerly from the southeast corner thereof, thence easterly parallel to the northerly line and the easterly projection thereof of Lot 1 of (;uick Subdivision to a point 165 feet distant from the easterly line of Edelen Avenue, thence southerly and parallel to said easterly line of Edelen Avenue 54.5 feet, thence westerly along the projection easterly of the northerly line of Lot 1 of said Subdivision to the northeast corner of said lot, thence southerly along the easterly line of Lots 1 to 8, inclusive, of said Subdivision to the southeast corner of said Lot 8, thence easterly along the projection of the southerly line of said Lot to a point thereon distant 150 feet from the easterly line of Edelen Avenue, thence southerly para- llel to and distant 150 feet easterly from said line to the northerly line of Miles Avenue, thence southerly across said Avenue to the northeasterly corner of Lot 1, Block 3, Edelen and Pierce Tract, thence southerly along the easterly lines of Lots 1 and 2 of said Block to the southwest line of said Lot 2, thence westerly along said line to a point 130 feet distant there on from the easterly line of Edelen Avenue, thence southwesterly and parallel to said line to the northeasterly line of Lot 5 of said Block, thence southeasterly along said line to the north- easterly corner thereof, thence southwesterly along the south- easterly line of said Lot to the southwesterly line thereof, thence northwesterly along said line to a point distant thereon 110 feet easterly from the easterly line of Edelen Avenue, thence southwesterly to a point in the northeasterly line of Lot 7 of said Block distant thereon 117 feet from the easterly line of Edelen Avenue, thence southeasterly along said line to the north- east corner of said Lot, thence southwesterly along the south- easterly line of said Lot to the northeasterly line of Mullen Avenue, thence northwesterly along said line to the easterly line of Edelen Avenues thence southwesterly across Mullen Avenue along the northeasterly projection of the southeasterly line of a former property subdivision and southwesterly and northwesterly along said line to a point in the easterly line of University Avenue distant thereon 120.90 feet southerly from the southerly line of Mullen Avenue, thence southerly along said easterly line to the northerly line of East Plain Street, thence easterly along said northerly line to the westerly line of property of Martinez which adjoins the westerly side of High ;ichool Court, thence northerly along the westerly property lines of property of said Martinez and the prolongation thereof to the southerly line of property now or formerly owned by Mirasou, thence west- erly along said southerly line to the westerly line of said prop- erty, thence in a northerly direction and along the westerly line of properties now or formerly owned by said Mirasou, Musselman, Jenkins, Jennings and Boone to the northerly line of property of said Boone, thence easterly along said line and the easterly prolongation thereof to a point at right angles to and easterly 1 A' 'f, ui mh Cnhnnl (:rn:rt 1r'(1 fppt _ thpnnp northerly line and continuing northerly along the westerly line of San Jose Avenue to the projection westerly of the line para- llel to and 80 feet northerly from the northerly line of Johnson Avenue, thence easterly along said westerly projection and parallel line to a point distant 20 feet westerly from the westerly line of Lot 3 of Block 2 of Johnson's Addition, thence northerly parallel to said westerly line to the projection west- erly of the southerly line of Lot 2 of Block 2 of Johnson's Addition, thence easterly along said westerly projection to the southwest corner of said Lot 2, thence northerly along the west- erly line of said Lot 2 to a point distant 87 feet southerly from the southerly line of Loma Alta Avenue, thence westerly parallel to and distant 87 feet southerly from the southerly line of Loma Alta Avenue and the continuation of said parallel line west- erly to the westerly line of San Jose Avenue, thence northerly along said westerly line to the southerly line of Lot 2 of Block 1 of the J. G. Follett Subdivision, thence westerly along said line to the easterly line of Lot 3 of said Block, thence south- erly along said line to the southerly line of said Lot, thence westerly along the southerly lines of Lots 3 to 12, inclusive, of said Block, to the southwesterly corner of Lot 12, thereof, thence northerly along the westerly line of said Lot 12 to the southerly line of Lot 13 of said Block, thence westerly and north erly along the southerly and westerly lines and prolongation thereof to the northwesterly corner of Lot 14, Block 2 of said Subdivision, thence easterly along the northerly line thereof to the westerly line of Lot 13 of said Block, thence northerly along said line to the northwesterly corner of said Lot, thence easterly along the northerly lines of Lots 13, 12, 11, 10, g, 8, 7, 6, 5, 4 and 3 of said Block to the northeasterly corner of said Lot 3, thence southerly along the easterly line of said Lot to the northerly line of Lot 2 of said Block, thence easterly along the northerly line of Lot 2 of Block 2 of said Subdivision and the continuation thereof easterly to the easterly line of San Jose Avenue, thence southerly along the easterly line of San Jose Avenue to a point distant thereon 42.5 feet northerly from the northerly line of Loma Alta Avenue, thence easterly parallel to and distant 42 feet northerly from the northerly line of Loma Alta Avenue to a point in the westerly line of Lot 13 of Block 1 of Johnson's Addition, thence northerly along said westerly line to a point distant thereon 110 feet northerly from the northerly line of Loma Alta Avenue, thence easterly parallel to and distant 110 feet from the easterly line of Loma Alta Avenue to the westerly line of Whitney Avenue, thence easterly across Whitney Avenue to a point on the easterly line of Whitney Avenue distant thereon 100 feet northerly from the northerly line of Loma Alta Avenue, thence easterly parallel to and distant 100 feet northerly from said northerly line to the westerly line of Lot 6 of Block 4 of Johnson's Addition, thence northerly along said westerly line to the northwest corner of said Lot 6, thence easterly along the northerly line of Lots 6 to 11 of Block 4 of Johnson's Addition and the projection thereof easterly to the westerly line of Lot 21 of said Subdivision, thence following the northerly property line of properties now or formerly owned by McKay and Falaschi fronting on Loma Alta Avenue to a point in the easterly line of Lot 23 of Block 4 of said Subdivision distan thereon 100 feet northerly from the northerly line of Loma Alta Los Gatos, thence southerly along said easterly Town limit to the northwesterly line of Lot 9 of Spreckels Bungalow Park, thence southwesterly and easterly along said northwesterly line and the southerly line of said Lot 9 to the easterly Town limit of the Town of Los Gatos, thence southerly along said Town limit to a point thereon distant 100 feet southerly from the southern line of Johnson Avenue, thence westerly parallel to and distant 100 feet southerly from the southern line of Johnson Avenue to the western line of Spring Street, thence southerly along the westerly line of Spring Otreet to a point thereon distant 150 feet at right angles southerly from the southern line of Johnson Avenue, thence westerly parallel to and distant 150 feet south- erly from the southern line of Johnson Avenue to the easterly line of the property now or formerly owned by Meldrun, thence southerly along said easterly line to the southeast corner of said property of Meldrun, thence westerly along the southerly line of properties fronting on Johnson Avenue and now or former- ly owned by Meldrun, Stephenson, Locatelli, Rippe, Van Dam, Goodspeed, Mitchell, Taylor, Shafer, McDonnell, McGrath, Pearce, Cleveland, Ertel, Gibson, Preston, Sappington, Drew, Lampe, North, Estes, Logan, Magnuson, Shoup, 'Wilbur, Baker and Baggerly to the easterly line of San Jose Avenue, thence southerly along the easterly line of San Jose Avenue and continuing westerly along the southerly line of East Main Street to the projection southerly of the westerly line of University Avenue, thence nort] erly along said westerly line to the projection westerly of the northerly line of Lot 7 of Block 2 of the Miles and Edelen Subdivision, thence easterly along said westerly projection and northerly line to the northeast corner of said Lot 7, thence northerly along the westerly line of Lots 9 to 13, inclusive, of said Block 2 to the southerly line of Lot 1, thence westerly along the southerly line of Lot 1 of said Block and continuing westerly along the westerly projection of said southerly line to the westerly line of University Avenue, thence northerly along said. westerly line to the southerly line of Gray's Lane, thence westerly along the southerly line of Gray's Lane and the projec- tion westerly of said southerly line to the westerly line of Santa Cruz Avenue, thence southerly along said westerly line to the northerly line of Bean Avenue, thence westerly along said northerly line to a point therein distant 88 feet easterly from the easterly line of Wilder Avenue, thence northerly parallel to said line of Wilder Avenue to the southerly line of Lot 15, Block 2, Almond Grove Addition, thence westerly along said line to the easterly line of Wilder Avenue, thence northerly along said line to a point therein 12 feet distant and southerly from the northerly line of Lot 17 of said Block, thence easterly dis- tant 12 feet from and parallel to said line to a point 93 feet easterly from said easterly line of Wilder Avenue, thence north- erly distant 93 feet from and parallel to said line to a point in the southerly line of Lot 19 of said Block, thence westerly along said line to the easterly lane of Wilder Avenue, thence northerly along said easterly line to the northerly line of Lot 22 of said Block, thence easterly along said line and the prolongation thereof to the westerly line of Santa Cruz Avenue, thence southerly along said westerly line to the projection west- erly of the northerly line of Gray's Lane, thence easterly along said westerly projection and northerly line and the projection +1,e —e P i-., rT,o I t,,,o .,F TTv 4,,e».44.> the westerly lines of Lots 7, 9 and 10 of said Block and the continuation northerly of said westerly line to and along the westerly line of Lots 6 to 10 , inclusive, of Block 8 of Quick ,subdivision to the southerly line of Lot 1 of said Block, thence westerly along the southerly line of Lot 1 of said Block and the continuation westerly of said southerly line to the westerly line of University Avenue, thence northerly along the westerly line of University Avenue to the northerly line of Saratoga Avenue, thence westerly along said northerly line to the easter- ly right of way line of the Southern Pacific Railroad, thence northerly along said easterly line to the southerly line of Cypress Avenue, thence westerly along said southerly line and the projection thereof westerly to the westerly line of Santa Cruz Avenue, thence northerly along said westerly line to a point distant thereon 10 feet southerly from the southerly line of Lot 1 of Block 2 of the C. H. Caldwell -3ubdivision, thence westerly 60 feet distant from and parallel to the southerly line of Ashler Avenue 100 feet, thence at right angles northerly to the southerly line of said Lot 1, thence westerly along said southerly line to a point in the easterly line of Lot 3, Block 2 of said Subdivision, thence southerly along said line to the southeast corner of said Lot, thence westerly along the southerl lines of Lots 3 to 12, inclusive, of said Block to the easterly line of San Benito Avenue, thence northerly along said line to the northwest corner of Lot 12, Block 1 of said Subdivision, thence easterly along the northerly lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4 and 3 of said Block to the northeast corner of said Lot 3, thence southerly along the easterly line of said Lot 3 to the northerly line of Lot 2 in said Block, thence east- erly along said northerly line to the westerly line of Santa Cruz Avenue, thence northerly along said westerly line to a poin distant thereon 50 feet southerly from the southerly line of Mariposa Avenue, thence westerly parallel to and distant 50 feet southerly from the southerly line of Mariposa Avenue 110 feet, thence southerly at right angles to said southerly line of Mariposa Avenue 50 feet, thence westerly parallel to and dis- tant 100 feet from said southerly line of Plariposa Avenue 178.80 feet, thence southerly at right angles to said easterly line of Mariposa Avenue 83.97 feet, thence westerly along existing property line and distant approximately 183 feet southerly from said southerly line of Mariposa Avenue 250 feet, thence north- erly at right angles to said southerly line 121.87 feet, thence westerly and parallel to said southerly line of Mariposa Avenue 109.69 feet to the easterly line of San BentD Avenue, thence westerly across said Avenue to a point in the westerly line on said Avenue distant 51.50 feet southerly from the southerly line of Nlariposa Avenue, thence westerly parallel to said southerly line 120 feet to the westerly town limit, thence northerly along said town limit line to the point of beginning. 24. The Town of Los Gatos will contribute the costs of storm drainage facilities and interceptor sewers, and a pro rata portion of the cost of the paving work in the percent- age that the moneys to be received from gas tax funds for all 25. Said Town Council further declares that all public streets and highways within said assessment district, in use in the performance of a public function as such, shall be omitt from the assessment hereafter to be made to cover the costs and expenses of said improvements. 26. Notice is hereby given that serial bonds to repre- sent unpaid assessments, and bear interest at the rate of not to exceed six per cent (6%) per annum, will be issued hereunder in the manner provided by the Improvement Bond Act of 19151 the last installment of which bonds shall mature nine (9) years from the second day of July next succeeding ten months from the date. 27. Except as herein otherwise provided for the issuan of bonds, all the above work shall be done pursuant to the pro- visions of the Municipal Improvement Act of 1913, as amended. 28. Reference is hereby made to the proceedings of the Council, on file in the office of the Town Clerk, had and taken pursuant to Division 4 of the Streets and Highways Code. 29. Said proposed improvements are hereby referred to Don Reinoehl, as Town Engineer, as the officer having charge and control of the construction of public improvements in and for said Town of the kind described herein, being a competent person employed by said Town for that purpose; and that said Town Engineer is hereby directed to make and file with the Clerk of said Town a report in writing, presenting the following: (a) Plans and specifications of the proposed improve- ments to be made pursuant to this resolution; (b) Engineer's statement of the itemized and total esti- mated costs and expenses of said improvements and of theincident- ferred to, and also the boundaries and dimensions of the re- spective subdivisions of land within said district as the same existed at the time of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; (d) A proposed assessment of the total amount of the cost and expenses of the proposed improvements upon the several subdivisions of land in said district in proportion to the esti- mated benefits to be received by such subdivisions, respectively, from said improvements, and of the expenses incidental thereo. 30. If any excess shall be realized upon said assessment it shall be credited against the assessments before the issuance of bonds. I hereby certify that the above and foregoing resolution was duly and regularly adopted by the Town Council of the Town of Los Gatos, at a regular meeting thereof held on the day of 4 1949, by the following vote: AYES, and in favor thereof, Councilmen: /5W.*_c NOES, Councilmen: k.w..r ABSENT, Councilmen: Wil O :TAM01�s7 Town 1'C` erk l7Le w, 1✓-w�