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Ord 1662 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -3, PROJECT NO. 320, IN THE NORTH SANTA CRUZ. AVENUE (BLOSSOM HILT_ ROAD TO ANDREWS STREET) AREAORDINANCE NO. 1662 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 85 -3, PROJECT NO. 320, IN THE NORTH SANTA CRUZ. AVENUE (BLOSSOM HILT_ ROAD TO ANDREWS STREET) 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 -3, Project No. 320, 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 -3, Project No. 320" . 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 - (a) June 30, 1987 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) July 31, 1987 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 Beniamin NOES: ABSTAIN: COUNCIL MEMBERS None COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Terrence J. Daily, Brent N. Ventura SIGNED: ATTEST: CLERK E TOWN OF OS -S" r EXHIBIT "A" UNDERGROUND UTILITY DISTRICT 85 -3 BEGINNING at the most Easterly corner of Parcel 7 (said most Easterly corner also being a point of tangency) and as shown upon that certain tract map entitled "Tract No. 5867" recorded on July 13, 1976, in Book 374 of Maps, pages 43 and 44, Santa Clara County Records, said corner also being on the Northwesterly line of Industrial Road (20 feet wide) as shown on said tract map; thence leaving said most Easterly corner S 21 10' W 542.35 feet; thence along a curve to the right having a radius of 20.00 feet, through an angle of 74' 31' 30 ", for a distance of 21.01 feet to a point of compound curvature; thence leaving said point on the Northerly right -of -way line of Andrews Street as shown on said tract map, along a curve to the right having a radius of 327.00 feet, through an angle of 2' 34' 03 ", for a distance of 14.65 feet to a point of compound curvature; thence leaving said point along a curve to the right having a radius of 273.00 feet, through an angle of 20' 58' 28 ", for a distance of 99.94 feet; thence continuing along said Northerly right -of -way line of Andrews Street N 687 42' 35" W 70.14 feet, to a point of tangency on said Northerly right -of -way line, thence leaving said point of tangency and in a Northwesterly direction, 110 feet+ to a point of tangency on the Northerly right -of -way line of Andrews Street; thence leaving said point of tangency along said Northerly right -of -way line, N 68' 30' W, 110.00 feet to the most Westerly corner of Lot 6 as shown on the map entitled "Map of the Nott Subdivision ", recorded July 13, 1888, in Book "D" of Maps, Page 9, Santa Clara County Records; thence leaving said corner N 21' 30' E, 461.90 feet to the most Northerly corner Lot 12, said most Northerly corner also lying on the Southwesterly line of Lot 3 as shown upon that certain map entitled "Tobey Subdivision" recorded on June 7, 1926, in Book "U" of maps, Page 49, Santa Clara County Records; thence leaving said corner S 68' 02' E, 42.62 feet to the most Westerly corner of that parcel of land described in the deed from Geoffroy to Ablamis recorded in Book C 472 of Official Records, Page 375, Santa Clara County Records, said most'Westerly corner also lying on the Southwesterly line of Lot 2 of said "Tobey Subdivision "; thence leaving said Westerly corner N 21' 30" E, 120.12 feet to the Northeasterly right -of -way line of Olive Avenue, 40 feet wide, as shown on said "Tobey Subdivision "; thence along said Northeasterly right -of -way line N 68' 20' W, 10.44 feet to the most Westerly corner of Lot 27 as shown on said "Tobey Subdivision "; thence along the Northwesterly lines of Lot 27 and 28 as shown on said "Tobey Subdivision" N 21' 30' E, 80.00 feet to a point on the Southwesterly line of Lot 2, Block 2, as shown on the map entitled "Map Showing Subdivision of the 5.91 Acre Tract of C. H. Caldwell, Esq., in the Town of Los Gatos" recorded March 5, 1912, in Book "N" of Maps, at Page 8, Santa Clara County Records; thence leaving said point and along said Southwesterly line N 68' 20' W, 43.72 feet to the most Westerly corner of Lot 2, Block 2 of said "C. H. Caldwell Subdivision "; thence leaving said most Westerly corner and along the Northwesterly line of Lots 1 and 2 in Block 2 of said "C. H. Caldwell Subdivision ", N 21' 30' E, 114.70 feet to the Southwesterly right -of -way line of Ashler Avenue, 44 feet wide; thence along a prolongation of said Northwesterly line of Lots 1 and 2 in Block 2, N 21' 30' E, 44 feet+ to a point on the Northeasterly right -of -way line of Ashler Avenue said point also — being the most Westerly corner of Lot 2, Block 1 of said "C. H. Caldwell Subdivision "; thence along the Northwesterly line of Lots 1 and 2 in Block 1, N 21' 30' E, 116.67' to a point on the Southwesterly line of Lot 3 as shown on the map entitled "Map of the Ball Tract in the Town of Los Gatos" recorded June 6, 1930, it Book "Y" of Maps, at Page 9, Santa Clara County Records; thence leaving said point and along said Southwesterly line S 68' E, 7.93 feet to the most Westerly corner of Lot 2 as shown on said "Ball Tract "; thence leaving said most Westerly corner and along the Northwesterly line of Lots 1 and 2 of said "Ball Tract" N 21' 30' E, 122.07 feet to the Southwesterly right-of-way line of San Mateo Avenue, 40 feet wide; thence along a prolongation of said Northwesterly line of Lots 1 and 2, N 21 30' E, 40 feet+ to a point on the Northeasterly right-of-way line of San Mateo Avenue, said p also lying on the Southwesterly line of Lot 18 of said "Ball Tract"; thence along said Southwesterly line of Lot 18 S 68' E, 12.00 feet+ to the most Westerly corner of Lot 19 as shown on said "Ball Tract"; thence alona Northwesterly 11 ne l o Lots 19 and 20 OT said "Ball iract 11 N 21 0 30 1 1 E, 122.08 feet, to a point on the Southwesterly line of that parcel of land described in the deed from Brooks, Gong-Guy, and Munemitsu to Mitchell and Barrow recorded in Book 7656 of Official Records, Page 666, Santa Clara County Records, said point also being the most Easterly corner of Lot 18 in said "Ball Tract"; thence along said Southwesterly line N 68' W, 168.23 feet to the most Westerly corner of said Mitchell parcel of land; thence along the Northwesterly line of said Mitchell parcel N 21 30' E, 84.36 feet to the most Northerly corner of said parcel of land; thence leaving said most Northerly corner S 68* 28' E, 288.80 feet to the Northwesterly right -of -way line of North Santa Cruz Avenue, 60 feet wide; thence along said Northwesterly line S 21 30' W, 30 feet; thence leaving said Northwesterly.line S 68' 30' E, 60 feet+ to 'a point on the Southeasterly right-of-way line of North Santa Cruz Avenue, said point also lying on the Northwesterly line of Lot 4 as shown on the map entitled "Map of the Subdivision of the Showers Tract in the Rancho Rinconada de Los Gatos" recorded March 14, 1884, in Book B of Maps, at Page 8, Santa Clara County Records; thence along said Southeasterly line of North Santa Cruz Avenue, N 21' 18' E, 80 feet feet+ to the most Northerly corner of Lot 3 as shown on said "Showers Tract"; thence leaving said most Northerly corner S 64' 48' E, 223.08 feet to the Northwesterly right-of-way line of Industrial Road; thence along said Northwesterly right-of-way line S 210 18'W, 650.15 feet to a point of tangency; thence leaving said point of tangency and in a Southwesterly direction, 100 feet+ to the POINT OF BEGINNING. i b A, IPA!