2008-002-Vacating Public Right-Of-Way And Reserving A Public Service Easement On Augustine Avenue Pursuant To Division 9, Part 3, Chapter 4 Of The California State Streets And Highways CodeRESOLUTION 2008-002
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING PUBLIC RIGHT-OF-WAY AND
RESERVING A PUBLIC SERVICE EASEMENT ON
AUGUSTINE AVENUE
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Streets and Highways Code, Division 9, Part 3, Chapter 4, permits the
Town of Los Gatos to vacate excess public right-of-way if that right-of-way has not been used
for the purpose for which it was dedicated; and
WHEREAS, the offer of public right-of-way described in (Exhibit A) hereto and
depicted in the map contained in (Exhibit B) has been used for any public right-of-way purpose,
that purpose no longer exists; and
WHEREAS, the proposed vacation does not constitute a project under the California
Environmental Quality Act, and the record before the Council demonstrates that there are no
significant Environmental effects from the proposed vacation; and
WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General
Plan and is in the interest of the general public,
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. Pursuant to Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the offer
of public right-of-way easement described in (Exhibit A) and depicted on (Exhibit B) is
vacated upon the recording of a certified copy of -this resolution by the Clerk
Administrator with the County Recorder of Santa Clara County.
2. A Public Service Easement (PSE) is hereby reserved over the area being vacated for the
purpose of installing, maintaining, improving, replacing and removing utility facilities,
including water and .sanitary sewer facilities, located in the PSE. Said PSE also includes
pedestrian and vehicular access by utility companies, water and sanitation districts and
the Town of Los Gatos, including their employees, agents and contractors, as they may
deem necessary for the purpose of installing, maintaining, improving, replacing or
removing utility facilities.
The Clerk Administrator is directed to record a certified copy of this resolution with the
County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 22°d
day of January, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara
Spector
NAYS: None
ABSENT:
ABSTAIN:
NED:
~_%" VAC
MAYOR OF THE TOWN OF LOS GATOS
LOS ~~TOS, CALIFORNIA
ATTE T: -~
~~.
CL K OF THE TOWr1 OF LOS GATOS
LOS t7 , CALBFORNIA
RESOLUTION 2008-002
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING PUBLIC RIGHT-OF-WAY AND
RESERVING A PUBLIC SERVICE EASEMENT ON
AUGUSTINE AVENUE
.PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Streets and Highways Code, Division 9, Part 3, Chapter 4, permits the
Town of Los Gatos to vacate excess public right-of-way if that right-of-way has not been used
for the purpose for which it was dedicated; and
WHEREAS, the offer of public right-of-way described in (Exhibit A) hereto and
depicted in the map contained in (Exhibit B) has been used for any public right-of-way purpose,
that: purpose no longer exists; and
WHEREAS, the proposed vacation does not constitute a project under the California
Environmental Quality Act, and the record before the Council demonstrates that there are no
significant Environmental effects from the proposed vacation; .and
WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General
Plan and is in the interest of the general public,
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. Pursuant to Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the offer
of public right-of-way easement described in (Exhibit A) and depicted on (Exhibit B) is
vacated upon the recording of a certified copy of this resolution by the Clerk
Administrator with the County Recorder of Santa Clara County.
2. A Public Service Easement (PSE) is hereby reserved over the area being vacated for the
purpose of installing, maintaining, improving, replacing and removing utility facilities,
including water and sanitary sewer facilities, located in the PSE. Said PSE also includes
pedestrian and vehicular access by utility companies, water and sanitation districts and
the Town of Los Gatos, including their employees, agents and contractors, as they may
deem necessary for the purpose of installing, maintaining, improving, replacing or
removing utility facilities..
3. The Clerk Administrator is directed to record a certified copy of this resolution with the
County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 22°d
day of January, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara
Spector
NAYS: None
ABSENT:
ABSTAIN:
~hc
MAYOR//OF THE TOWN OF LOS GATOS
LOS ~2~TOS, CALIFORNIA
ATTE T: -~
CL K OF THE TOWrJ OF LOS GATOS
LOS O , CAL~CiORNIA
~-o ~O~b -do ~
EXIIIBIT "A"
DESCRIPTION ®F A 0.09:2 ACRE +/- PARCEL ~
PUBLIC INGRESS/EGRESS TO BE VACATED
A.ND PUBLIC SERVICE EASEMENT RETAINE
(REMAINING PORTIQN OF AUGUSTINE AVE E)
i
THAT REAL PROPERTY BEING A PORTION OF' AUGUSTINE AVENUE ASS SHOWN ON
THAT CERTAIN MAP ENTITLED "MAP OF THE SIEK:MANN SUBDIVISIO?'~, SITUATED
IN THE RANCHO RINCONADA DE LOS GATOS", FILED IN THE OFFICE OAF THE
COUNTY RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA ON
FEBRUARY 9, 1928 IN VOLUME " W" OF MAPS AT PAGE 33; SAID PORTION BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERNMOST CORNER OF LOT 8, AS SAID LO IS SHOWN
ON SAID MAP; TI-IENCE SOUTHEASTERLY ALONG THE NORTHEASTE
BOUNDARY OF SAID LOT
1) SOUTH 57° 1S' EAST 20.43 FEET TO THE SOUTHEASTERN LINE F
AUGUSTINE AVENUE; THENCE LEAVING SAID NORTHEASTE BOUNDARY
SOUTHWESTERLY ALONG SAID SOUTHEASTERN LINE OF AUG STINE
AVENUE
2) SOUTH 21°00' WEST 140.17 FEET TO TFIE NORTHEASTERN LINE ~OF FRANK
AVENUE, AS SAID FRANK AVENUE IS SHOWN ON SAID MAP; TI~ENCE
NORTHWESTERLY ALONG LAST SAID NORTHEASTERN LINE
3) NORTH 57°15' WEST 28.86 FEET TO THE MOST SOUTHERN CO ER OF THE
PREVIOUSLY VACATED PORTION OF AUGUSTINE AVENUE DES; RIBED IN
DOCUMENT NUMBER 17246653, RECORDED AUGUST S, 2003, OFFICIAL
RECORDS OF SANTA CLARA COUNTY; THENCE LEAVING SAID
NORTHEASTERN LINE OF FRANK AVENUE NORTHEASTERLY A~.ONG THE
SOUTHEASTERN BOUNDARY OF SAID VACATED PORTION OF ALUGUSTINE
AVENUE
4) NORTH 24°29'31" EAST 64.30 FEET; THENCE
~) NORTH 21° 00' EA5T 45.00 FEET; THENCE
6) NORTH 57° 1~' WEST 16.00 FEET TO THE NORTHWESTERN LINE F
AUGUSTINE AVENUE; THENCE NORTHEASTERLY ALONG SAID,
NORTIWESTERN LINE
7) NORTH 21 ° 00' EAST 30.18 FEET TO THE WESTERNMOST CORN OF THE
PREVIOUSLY VACATED PORTION OF AUGUSTINE AVENUE DES RIB1=,D IN
DOCUMENT NUMBER 16707175, RECORDED DECEMBER 24, 2002 OFFICIAL
RECORDS OF SANTA CLARA COUNTY; THENCE SOUTHEASTE Y ALONG
THE SOUTIIWESTERN BOUNDARY OF LAST SAID VACATED PO TION OF
AUGUSTINE AVENUE
8) SOUTH 57°15' EAST 20.43 FEET TO THE POINT OF BEGIlVNING.
EXI-IIBIT "B" ATTACHED AND MADE A PART HEREOF.
END OF DESCRIPTION
NOVEMBER 27, 2007
~~Z1.o~
CONTAINING 0.092 ACRES +/- l~xhibit A
May 18, 2007
Town Of Los Gatos
41 Miles Avenue
Los Gatos, CA 95031
Letter of Justification
To whom it may concern,
We are following through on a previous request by the Town of Los Gatos
Frank Avenue to apply for abandonment of the remaining right-of--way of t
Avenue. All other neighbors have participated in the abandonment and thi:
remaining section of Augustine that remains.
Since 1
Tim cNeil and Gregory Howell
0 16771
ugustine
is the last
Httachment 2
INDICATES
VACATED PUBLIC
INGRESS/EGRESS ~
RETAINED P.S.E.
SCALE i °'=50 '
0 50 100
_,~_ PORTION
LOT 10&11
' W ' -M-33
\ INDI~ATES PREVIOUSLY
\ ~ VACA ED PUBLIC
INGR SS/EGRESS 6
~ RETA NED P.S.E.
~ ~ ~
~'~, \ ~
<,'~
PORTION ~®~~ ~
LOT 10
'W'-M-33 ~
APN 529-15-096
CORNWELL
DOC.#18687178
20.43'
N2i '00' E--~
30.18'
APN 529-15-09Q \
JOHNSON
DOC.#19024763
N57 °15'
16.00'
PORTION
LOT 11 N21 '00' E-
'W'-M-33 45.00'
~ N24'29' 31 "E -~
\ fi4.30'
V \
PORTION \
LOT 7 ~
'W'-M-3~
~ P.O.®.
20.43'
`~~ •
~ 1`s
F
~,,' LOT 8
~• ' W ' -M-33
~ N-~ APN 529-15-021
~ McNEIL
~° \` GOC.#19448601
\ ~~ "~
~ ~~ S' \ ~
~ ~'
EXHIBIT B \ ~ ~ ~
e
11/27/07 ~ \ ~
\ ~
PUBLIC INGRESS/EGRESS VACATION
OF REMAINING PORTION OF AUGLJSTINE AVENUE
SEIKMANN SUBDIVISION
RECORDED FEBRUARY 9, 1928
BOOK W OF MAPS, PAGE 33
SANTA CLARA COUNTY RECORDS
RTION
OT 7
W'-M-33
G~ AY , ~i , L~ ~
C,~ '~
~ o
is sE ~
RE E E
30 P7 2008 ~~
~ F CA~~F.Q
/r' Z7 •o ~
EXHIBIT B