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Ord 1345 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1976 -2 ALONG UNIVERSITY AVENUE BETWEEN MAIN STREET & MILES AVENUEORDINANCE NO. 1345 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1976 -2 ALONG UNIVERSITY AVENUE BETWEEN MAIN STREET & MILES AVENUE 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 consider- ation of such district; and WHEREAS, the Town staff has proposed the establishment of Underground Utility District No. 1976 -2 and has recommended that the boundaries of said District be as described on the attached Exhibit "Alt; and WHEREAS, pursuant to the Los Gatos Town Code (Sections 32 -14 and 32 -23), a public hearing was held on January 17, 1977, 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 duly 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 distrubition 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 desig- nated, pursuant to the Los Gatos Code (Section 32 -14 through Section 32 -23), as an Underground Utility District, and shall bear the name "Underground Utility District No. 1976 -2." 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 all 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. 1976 -2 (a) March 1, 1978, 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) May 1, 1978, 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 Times - Saratoga Observer,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. -2- Introduced at a regular meeting of the Town Council of the Town of Los Gatos, held on the 17thJay of January , 1977. PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS held on the 7th day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS Mark B. DiDuca, Mardi Gualtieri, John B. Lochner, Albert B. Smith and Ruth Cannon NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: CLERK F T OW 'OF LOS GATOS -3- EXHIBIT "A" UNDERGROUND UTILITY DISTRICT NO. 1.976• -2 Beginning at the Northwesterly corner of University Avenue and West Main Street as shown upon map filed in Book "KII of Maps, Page 100, Santa Clara County Records, said corner also being the Southeasterly corner of that property described in deed to Jane Summers, Trustee, recorded in Book B 387 at Page 218, Santa Clara County Official. Records; thence proceeding Northwesterly along the Northeasterly line of West Main Street as shown on said map, a distance of 137.43 feet, more or less, to the Southwesterly corner of Parcel No. I of that property described in deed to Nino Gallo (arid others) recorded in Book B467, Page 603, Santa Clara County official Records; t. Northeasterly along the Northwesterly line of said Gall.o property and the Northeasterly extension thereof 177 feet, more or less, to a point on the Southwesterly line of Parce'l No. l of the property described in deed to Set-Ro Co., - recorded in Book 8973, Page 176, Santa Clara County Official Records; thence North 62 W. along last said Southwesterly line 30.05 feet, more or less, to the Southwesterly corner of said Set--Ro property; thence North 32 East along the Northwesterl line of said Set-Ro property also being the Southeasterly line of the former Southern Pacific Railroad property, 337.33 feet to the Southwesterly line of Elm Street; thence continuing Northeasterly along the extension of Che last said line of the former, Southern Pacific Railroad property 165 feet, more or less, to the- Northwesterly corner' of t. property described - in deed 1 S Art Gallery, Inc., recorded in Book 0879, Page 572, Santa Clara Count- Officid Records; thence South 61 Past along the Northeasterly l of last said property 12.70 feet, more or less, to the Southwesterly corner of Lot, 7 in Block I of the map of Vineyard Lots, recorded in Book "C" of Maps Page 87, Santa Clara County Records; thence Northeasterly along the Northwesterl . line of said Block 1, 295.32 feet, more'or less,, to the Southwesterly line of Grays Lane, as it now exists; thence Southeasterly along the South- westerly line of Grays Lane 106.78 feet to the N(.:)rthwesterly line of University Avenue, 60 feet wide; thence Noc'theasterly 90 feet, more or less, to the Northwest corner of Lot 1, Block 2 of said map of Vineyard Lots; thence Southeasterly along the Northeasterly line of -last said Lot 1, 1.10.00 feet to the Easternmost corner thereof; thence Southwesterly along the Southeasterly line of Lots 1. through 7 of said Block 2, 352.04 feet to the Northeasterly line of Mullen Avenue; thence Northwesterly along the Northeasterly line of Mull-en Avenue 70 feet, more or less, to a point of intersection with the Northeasterly extension of a line� running parallel with and 50.00 feet Southeasterly of the Northwesterly line of that property described-as Parcel.. No. 5 in deed Lo Set-Ro Co., recorded in Book 8973, Page 1.76, Santa Clara County Official Records; thence South 28 West along a line running parallel with and 50.00 feet Southeasterly of the Northwesterly line of last said Set-Ro property and its Southwesterl•, extension thereof (said Northwesterly line also being the Southeasterly line of University Avenue), a distance of 649.1.0 feet, more or less, to t:h( Southwesterly line of that property described in deed to St. Luke's Parish, recorded in Book 2905, Page 4-93, Santa Clara COLMLY Official Records; thene. South 57 West along last said line of St. Luke's Parish, 40.42 feet, more or less, to the Easternmost corner of property described in Parcel 3 of deed to Grover Patterson, recorded in Book 9757, Page 68, Santa Clara County Official Records; thence Southwesterly along the Southeasterly line of last said Parcel 3, 76 feet, more or less, 1 tJv Southernmost corner. Lhereof, said corrier he on t-ho Nort-ho,islorly line of West Main St.r(-_ thence Northwest,(!rly iloriq the Nortlir�dsLov1y .]in( of West Main Street and its Northwesterly projection a dist.anc.c of 1-17 feet, more or less, to the point of beginning.