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Ord 1661 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -2, PROJECT NO. 319, IN THE SOUTH SANTA CRUZ AVENUE (WOOD ROAD TO BROADWAY AVENUE) AREAI ORDINANCE NO. 1661 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -2, PROJECT NO. 319, IN THE SOUTH SANTA CRUZ AVENUE (WOOD ROAD TO BROADWAY 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 -2, Project No. 319, 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 -2, Project No. 319 ". 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 -2 (a) October 31, 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) November 30, 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, Thomas J. Ferrito, and Mayor Joanne Benjam NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS No ABSENT: COUNCIL MEMBERS Terrence J. Daily, Brent N. Ventura ATTEST: CLERK Of THE 'TOWN OF LOS G S v FuurRrr "Ail UNDERGROUND UTILITY D ISTRICT 85 -2 BEGINNING at a point on the Southwesterly line of Broadway said point also being the most Northerly corner of that parcel of land from Johnson to Johnson, recorded in Book I 186 of Official Records, Pages 444 -446, Santa Clara County Records;thence Southwesterly 136+ feet along the Northeasterly line described in said creed to Johnson; thence at right angles from said Southeasterly, 136 feet; thence Nnrthwesterly at right angles, 10 feet +; thence Southwesterly at right angles, 14 feet +; thence N 62' W, 262.90 feet to the most Northerly corner on that parcel of land from Larson to McKellar Development Corporation, recorded in Book C 520 of Official Records, Pages 5 -8, Santa Clara County Records; thence leaving said corner and proceeding along the Northwesterly and Westerly lines of the lands of McKellar then following three courses: S 29° 14' W' W, 77.20 feet, S 190 44' E, 214.60 feet and S 17° 55' E, 147.20 feet to a point, said point being the most Northerly corner of a parcel of land described in deed from Rauh to Curtis recorded in Book F 650 of Official Records, Paves 429 -430, Santa Clara Count Records; thence leaving said most Northerly corner S 32' 11' 30" W, 125 feet to a point on the Southwesterly right -of -way line of Wood Road; thence along said Southwesterly right -of -way line along a curve to the right having a radius of 180 feet, through a central angle of 17 30' 25 ", a distance of 55 feet+ to a point of compound curvature; thence along curve to the right, having a radius of 55 feet, through a central angle of 33° OO 00 11 " , a distance of 31.68 feet to a point, said point being on the Northwesterly right -of -way line of South Santa Cruz Avenue; thence leaving said point and along said Northwesterly right -of -way line the following three courses: N 67 37' 40" W, 28.00 feet, S 420 44' 14" W, 65.19 feet; S 86° 19' 22" W, 43.75 feet; thence leaving said Northwesterly right -of -way line S 11 00' E, 115 feet to a point on the Southeasterly right -of -way line of South Santa Cruz Avenue, said point being on the Northwesterly line described in the deed from the Southern Pacific Railroad to the Town of Los Gatos, recorded November 29, 1963, at instrument No. 2528122; thence leaving said point along said Southeasterly right -of -way line of South Santa Cruz Avenue the following two courses: N 36° 08' 20" E, 50 feet+ and N 32 24' 35" E 60 feet +; thence leaving said Southeasterly right -of -way line, S 59° 00' E, 85 feet to a point on the Southeasterly line of said deed from the Southern Pacific Railroad Company to the Town of Los Gatos; thence along said Southeasterly line N 32° 51' 35" E, 255 feet+ to the most Southerly corner of a parcel of land described in deed from � Bermuda Traders, Incorporated to Oak Ltd., recorded in Book E 198 of Official Records, Pages 445 -446, Santa Clara County Records; thence leaving said most Southerly corner and continuing along said Southeasterly line N 327 51' 35" E, 119.55 feet to a point on the Northeasterly line of that certain parcel of land described in deed from Irma L. Farwell and J. D. Farwell, her husband, to Richard R. Bell, recorded in Book 84 of Official Records, Page 225, Santa Clara County Records; thence along said Northeasterly line S 57' 16' 25" E, 17.82 feet to a point on said Southeasterly line of the former Southern Pacific Railraod Company; thence along said line, N 32' 51' 35" E, 240.61 feet to a point on the Southwesterly right -of -way line of Broadway; thence along said Southwesterly riqht -of -way line N 61' 33' 05" W, 91.87 feet to a point of tangency; thence leaving said point of tangency, crossing South Santa Cruz Avenue, N 52' 00' W, 90 feet+ to the most Easterly corner of said parcel of land from Johnson to Johnson, said corner also being on the Southwesterly line of Broadway; thence leaving said most Easterly corner along said Southwesterly line, N 627 10'30" W, 129.00 feet to the POINT OF BEGINNING. 4 -2-