2002-007- Setting A Public Hearing On The Proposed Summary Vacation Of Right Of Way For Ingress And EgressRESOLUTION 2002 - 7
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SETTING A PUBLIC .HEARING ON THE PROPOSED 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 of way 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
Hil'1 Road, which later became the Summerhill Homes 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 Summerhll 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 forpresent or prospective
public use because the open space area is fully accessible through the Sumrnerhill .Homes
development and Surmont Court.
C. The .owners ofthe 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 tune 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.
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RESOLVED:
That February 19, 2002, be set as the date of the public hearing, which shall begin at 7 p.m.,
or as soon thereafter as the hearing may be conducted by Council.
PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on the 22°d day of January, 2002, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, .Joe Pirzynslci,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
SIGNED:
MAYOR O ~ HE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF TIDE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
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