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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