2002-017- Approving Summary Vacation Of Right Way For Ingress And Egress Over Property Located At 14725 Sky Lane, Parcel No . 537-27-02~~,~j:~~~; coa . ~a~
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8/:05/2002 8~1"I AM
PLEASE RECORD .AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 9~C30
RECORD WITHOUT FEE UNDER
GOVERNMENT CODE SECTION 6103
SEPARATE COVER ..SHEET TO
TOWN OF LOS GATOS
RESOLUTION 2002-17 ENTITLED
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING SUl`~INIARY
VACATION OF RIGHT OF WAY FOR INGRESS AND EGRESS
OVER PROPERTY LOCATED AT
14725 SKY LANE, PARCEL N0.537-27-02
RESOLUTION 2002-17
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING SUMMARY
VACATION OF RIGHT OF WAY FOR INGRESS AND EGRESS
OVER PROPERTY LOCATED AT
14725 SKY LANE, .PARCEL NO. 537-27-02
WHEREAS:
A. In 1929 a right ofway easement over the property located at 14725 .Sky .Lane, APN 537-27-02,
was granted to the then owner of all or a portion of the Heintz property located on Blossom Hill Road, which
later became the Summerhiil I-Tomes development. The easement was intended to benefit the upper portion
of the property, which was later dedicated to the Town as part of the open space .reserve created with the
Summerhill Homes development.
B. The easement, which is not currently developed or used, apparently bisects a portion of the home
located on the burdened property. The easement is not necessary for present. or prospective public use
because the open space area is fully accessible through the Summerhill .Homes development and Surmont
Court.
C. The owners of the burdened property, John D. and Karen J. DiLullo, have requested that the
easement be vacated.
D. Section 8313, et seq., of the California Streets and Highways Code sets forth the procedure for
the summary vacation of easements; and requires the adoption of a resolution of intent setting a time and
place for a noticed public hearing on a proposed vacation, and then allows the approval of a resolution
authorizing summary vacation if, after the public hearing, Council finds that the easement is unnecessary
for present or prospective public use.
E. On January 22, 2002, Council adopted a resolution of intent to vacate the easement and set
February 19, 2002 as the date for the public hearing on the question.
F. The public hearing, having been held as noticed, and Council, having considered the evidence
in the record, finds that the easement is not necessary for present or prospective public use because the open
space area is fully accessible through the Summerhill Homes development and Surmont Court.
RESOLVED:
That sununary vacation of the easement described in Exhibit A to this resolution and by this
reference incorporated .herein, is hereby approved.
.PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 19~" day of February, 2002, by the following vote:
COUNCIL MEMBERS:
AYES: .Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED: ~~~ - - ~<
MAYO~HE TO F ,LOS GATOS
LOS GATOS, CALIF IA
ATTEST:
~~
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
A right of way~40 feet wide, the center line of which is more
particularly described as follows:
.Beginning at the Southeasterly corner of that certain 14.95 acre tract deeded by
Tony J. Escover to William E. Jarvis by deed dated May 31, 1927 and recorded in
Book 322 of Official Records, page 567, in the office of the County Recorder of
Santa Clara County, California, and running thence S. 45° 42' W, .3.518 chs. S. 55°
` 33' W. 1.775 chs. S. 34° 04' W. 3.403 chs. S. 52° 20' W. 2.586 chs. S. 81° 40' W.
.1.068 chs. N. 57° W. 0.956 chs. N. 23° 07'W. 3.083 chs. N. 39° 35' W. 1.212 chs..
N. 82° 54' W. 0.772 chs. S. 62° 11' W. 0.951 chs. S. 79° 49' W. 1.355 chs. N. 71°
20' W. 1211 chs. N. 36° 15' W. 1.505 chs. And N. 11° 42' W. 2.809 chs. to a point
on the Southerly line of that certain 5.00 acre tract deeded by Tony J. Escover to
Frank Wohnert by deed dated May 31, 1927 and recorded in Book 331 of Official
Record~~., page 1.27, in the office of the County ~R ecorder of Santa Clara. County,
California; thence N. 11° 42' W. 0.106 chs. N. 39° 33' W. 0.889 chs. S. 75° 53' W.
1..73 chs. and S. 61° 47' W. 0.799 chs. to a point in the Southerly line of said 5,00
acre tract; and running thence S. 6T° 47' W. 160 chs. S. 75° 32' W. 2.159 chs. and
S. 83° 30' W. 0.419 chs. to a point on the Westerly line of Section 24, 'T.8
S.R.1 W., M..D.M., from which the Northwesterly'corner of Section 24, bears N. 0°
22' E.11.685 chs. and running thence S. 83° 30' W. 210 chs. S. 27° 09' W. 0.571
chs. S. 26° 11' E. 0875 chs.. and S. 84° 49' E 1.959 chs. to a point in the Easterly
.line of said Sec. 23, from which the Northeasterly corner of said Sec. 23 bears N.
0° 22' E. 13.39 chs. and running thence S. 84° 49' E. 0.275 chs. S. 16° 55' E. 2.669
chs. S. 32° 30' E. 1..445 chs. S. 63° 16' E. 2.647 chs. and S. 1° 16' E. 4.417 chs. to
the center of Shannon Road..