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Ord 1660 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -1, PROJECT NO. 318, IN THE VILLAGE (SARATOGA AVENUE TO BACHMAN AVENUE) AREAORDINANCE NO. 1660 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -1, PROJECT NO. 318, IN THE VILLAGE (SARATOGA AVENUE TO BACHMAN AVENUE) AREA WHEREAS, Article III of Chapter 32 (Sections 32 -14 through 32 -23) of the Los Gatos Town Code provides procedures for the establishment of underground utility districts, and requires a public hearing for consideration of such district; and WHEREAS, the Town staff has proposed the establishment of Underground Utility District No. 85 -1, Project No. 318, and has recommended that the boundaries of said District be as described on the attached Exhibit "A "; and WHEREAS, pursuant to the Los Gatos Town Code (Sections 32 -14 and 32 -23), a public hearing was held on July 15, 1985, to determine whether or not the public necessity, health, or safety requires the removal of poles and overhead wires, and associated overhead structures, from the public streets, alley or ways, and the underground installation of wires, and facilities for supplying electric, communications, or similar associated services within the area hereinafter described, after notice fully given by the Town Clerk of the Town of Los Gatos, as prescribed by said ordinance; and WHEREAS, the Town Council of the Town of Los Gatos does hereby find that - the public necessity, health, or safety does require said removal and said underground installations within said area; and WHEREAS, the above finding is made in part for the following reasons: (1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; (2) Said street or road or right -of -way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. Designation of Area as Underground Utility District: The area of the Town of Los Gatos, County of Santa Clara, State of California, described in the attached Exhibit "A ", is hereby designated, pursuant to the Los Gatos Code (Section 32 -14 through 32 -23), as an Underground Utility District, and shall bear the name "Underground Utility District No. 85 -1, Project No. 318 ". Section 2. Exception for Transmission Lines: In addition to the exceptions listed in Section 32 -33 of the Los Gatos Code, this ordinance shall not apply to any poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. Section 3. Time of Removal of Poles and Overhead Wires and Structures Within Underground Utility District No. 85 -1 (a) November 30, 1986 is hereby fixed as the time within which utility companies shall provide necessary facilities to serve their customers underground, and the time within which affected property owners must be ready to receive underground service. (b) December 31, 1986 is hereby fixed as the time within which all poles and overhead wires and associated overhead structures shall be removed. Section 4. Publication - Effective Date: The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published once, within fifteen days after its adoption, in the Los Gatos Weekly, a newspaper of general circulation, published and circulated in the Town of Los Gatos. This ordinance shall take effect and shall be in force from and after the expiration of thirty days after its adoption. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 15, 1985, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on August 5 , 1985. AYES: COUNCIL MEMBERS Eric D. Carlson, T homas J. Ferrito, and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Terrence J. Daily, Brent N. Ventura SIGNED: ATTEST: CLER OF W 0 OS OS i EXHIBIT "A" UNDERGROUND UTILITY DISTRICT 85 -1 I � BEGINNING at the intersection of the Southeasterly line of Village Lane as shown upon the'map entitled " Tract No. 514 - Little Village which map was filed July 19, 1948, Book 18of Maps, Page_55, Santa Clara Records, with the Southwesterly line of that parcel of land described in the deed to the State of California, recorded February 9, 1957, Book 3726 of Official Records, Page 58, said Southwesterly line being also the Southwesterly line of Saratoga Avenue; thence along the Southwesterly line of land to the State of California S 53' 04' E 98.93 feet to a point on the Northwesterly line of lands formerly of the Southern Pacific Railroad Company (now Town of Los Gatos); thence leaving said point S 20' 46' 30" W., 603.95 feet to a point on the Northeasterly line of Bachman Avenue as shown on that certain map entitled "Record of Survey, a Portion of Parking. Assessment District No. 2 ", recorded on March 17, 1967, in Book 220 of Maps, Page 2, Santa Clara County Records; thence leaving said point N 64' 33' W., 173.73 feet; thence along a curve to the right having a radius of 199.60 feet, through an angle of 11' 37' 20 ", a distance of 40.49 feet to a point of compound curvature, said point being a curve to the right having a radius of 20.00 feet, through an angle of 64' 17' 35 ", a distance of 22.44 feet to a point on the Southeasterly line Santa Cruz Avenue; thence leaving.said point and along said Southeasterly line N 20' 15' E., 567.11 feet to a point on said Southeasterly line, said point being the most Easterly corner of a 78 foot square parcel of land described in deed from Mary Irene Ryan Nolan to the State of California recorded January 6, 1956, in Book 3379 of Official Records, page 273, Santa Clara County Records; thence leaving said point N 47' 05' 58" E, 16.37 feet; thence along a curve to the right having a radius of 50.00 feet, through an angle of 37 48' 03 ", a distance of 3.32 feet to a point of compound curvature, said point being a curve to the right having a radius of 50.00 feet, through an angle of 76° 02' 59 a distance of 66.37 feet to a point on said Southwesterly line of Saratoga Avenue; thence leaving said point and along said Southwesterly line S 53' 04" E, 71.34 feet to the POINT OF BEGINNING.