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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~ y CC71~T~;FC>?tT~t~.7~? ~n~~T. ~~9,;~ r~nciim~nt hay not 1~,~~~ ~,a;~ia, E.:-..~ t;.~ ~;~•~; :~~~~1. SA~17;~ GI.iA GUUN"I"Y C;LETtK-IZEC9RD~I~ .Doc#; 16401592 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..